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

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  • (1) The legislative body of each county of the first, second, or third class, which has a population in the county's unincorporated areas of more than 5,000 residents, shall annually:
    • (a) review the moderate income housing plan element of the county'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 county's website.
  • (2) The report described in Subsection (1) shall include:
    • (a) a revised estimate of the need for moderate income housing in the unincorporated areas of the county for the next five years;
    • (b) a description of progress made within the unincorporated areas of the county to provide moderate income housing demonstrated by analyzing and publishing data on the number of housing units in the county 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 county to utilize a moderate income housing set-aside from a community reinvestment agency, redevelopment agency, or a community development and renewal agency; and
    • (d) a description of how the county has implemented any of the recommendations related to moderate income housing described in Subsection 17-27a-403(2)(b)(ii).
  • (3) The legislative body of each county 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 county is located, and, if the unincorporated area of the county is 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 17-27a-404(5)(c), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.




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