Reporting requirements and civil action regarding moderate income housing element of general plan.

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  • (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b) shall annually:
    • (a) review the moderate income housing plan element of the municipality's general plan and implementation of that element of the general plan;
    • (b) prepare a report on the findings of the review described in Subsection (1)(a); and
    • (c) post the report described in Subsection (1)(b) on the municipality's website.
  • (2) The report described in Subsection (1) shall include:
    • (a) a revised estimate of the need for moderate income housing in the municipality for the next five years;
    • (b) a description of progress made within the municipality to provide moderate income housing, demonstrated by analyzing and publishing data on the number of housing units in the municipality that are at or below:
      • (i) 80% of the adjusted median family income;
      • (ii) 50% of the adjusted median family income; and
      • (iii) 30% of the adjusted median family income;
    • (c) a description of any efforts made by the municipality to utilize a moderate income housing set-aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency; and
    • (d) a description of how the municipality has implemented any of the recommendations related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).
  • (3) The legislative body of each municipality described in Subsection (1) shall send a copy of the report under Subsection (1) to the Department of Workforce Services, the association of governments in which the municipality is located, and, if located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization.
  • (4) In a civil action seeking enforcement or claiming a violation of this section or of Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.




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