COVID-19 Information for Utah
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.
Most Utah jurisdictions are considered at low or minimal risk based on the state’s impact rating system. Under these designations, employers are encouraged to follow the general health and safety guidelines found here.
Face Mask Mandate
Governor Herbert has ordered all individuals to wear a face mask while within six feet of any other individual from a separate household
State of Emergency
Governor Gary Herbert announced a state of emergency on March 6.
Status: Evictions Can Resume (Remote)
Executive Order (Expired)
- Action: Governor Herbert issued an executive order on April 1, 2020 implementing an eviction moratorium through May 15, 2020.
- Scope: The order is effective immediately and temporarily suspends eviction proceedings for nonpayment of rent. It applies only to individuals who have suffered wage or job loss as a result of COVID-19, have undergone self-isolation or quarantine in compliance with an order issued by the Utah Department of Health or a local health department, or have tested positive for COVID-19. The order does not prohibit eviction for reasons outside of non-payment of rent by a resident meeting the above criteria or create, require, or imply rent forgiveness. Residents remain responsible for all rent pursuant to the rental agreement. See the press release here.
- COVID-19 Related Impact Requirement: Yes. The order applies only to individuals who have suffered wage or job loss as a result of COVID-19, have undergone self-isolation or quarantine in compliance with an order issued by the Utah Department of Health or a local health department, or have tested positive for COVID-19.
- Residents Responsible for Rent: Residents remain responsible for all rent pursuant to the rental agreement.
- Additional Commentary: See the press release here.
Rental Assistance/Housing Provider Assistance
Utah is set to launch a $1 million rental assistance program. It also has another $3 million in an Emergency Solutions Grant that will shortly be activated throughout the state. The funds are associated with the CARES Act which includes money to help lessen the economic impact of the coronavirus pandemic.
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by UT § 57-20-1.
Under Utah Code, § 13.41.201, it is unlawful to charge excessively high prices for consumer goods and services. The statutory language does not specifically provide housing as a covered service, although services are defined as personal, professional, rental, leasing, and licensing in nature. Excessive high pricing can be defined as prices that exceed 10 percent above a good’s average price immediately prior to a declaration of emergency or 30 percent above a good’s average price that was not available prior to a declaration of emergency.
Business Liability Protections
On Tuesday, August 18, 2020, Gov. Herbert established protections for businesses against civil liability. Under the rules, businesses are protected against civil liability claims resulting from customer or employee exposure to COVID-19 while on premises if the business follows applicable federal, state, and local safety guidelines.