BRIGHAM YOUNG UNIVERSITY-IDAHO OFF- CAMPUS APARTMENT APPROVAL

Policy Objectives:

1.  To preserve the moral integrity of The Church of Jesus Christ of Latter-Day Saints and BYU-Idaho students by providing separate housing for single male and female students.
 
2. To reaffirm our long-standing governance posture, which embraces the principle of in loco parentis, thus fulfilling the expectations of parents and the Church.

3. To establish and regularly monitor an approved set of minimum living specifications.

All Single Students Must Live in Approved Housing
All single students must live in approved housing unless they live at home with their parents or have received approval from the Housing Office.  Variances may be granted by the Housing Office for students who live with a relative or local family friend in a situation that approximates the approval guidelines.  A variance is granted on a case-by-case basis, does not constitute BYU-Idaho housing approval, and may be withdrawn by the university at any time.

Separation of Single Male and Female Students
All approved housing units must provide for the appropriate separation of single male and female students.  BYU-Idaho reserves the exclusive right to determine how its policy of separating the sexes should be implemented in each apartment complex.  In reaching a decision as to an appropriate separation plan, the Housing Office will consider all relevant factors, including the location of the building or buildings, the extent of the privacy and separation provided, and the likelihood that the decision will enhance the policy objectives.

Apartment Management 
To achieve a reasonable level of supervision pertaining to the student housing and Honor Code standards, the following expectations are given:
(1) Apartment Manager:  Each apartment or apartment complex must have a resident manager (not a currently enrolled single student) who will:  (a) Be responsible for enforcing all housing regulations and the Honor Code, (b) Refer ongoing problems and violations to the Dean of Students Office, (c) Implement all procedures as outlined by the apartment owner and the Housing Office, (d) Oversee and be responsible for the maintenance and upkeep of the physical facilities, giving consideration to both safety and cleanliness, (e) Supervise resident assistants (if applicable), (f) Subscribe to the standards of the Church, BYU-Idaho, and the Honor Code, (g) Be mature individuals capable of handling college-age students, (h) Qualify for and have on file with the BYU-Idaho Housing Office a BYU-Idaho ecclesiastical endorsement.  This endorsement must be updated annually and assures that everyone living in BYU-Idaho approved housing meets the same endorsement standard.  (Blank forms are available from the BYU-Idaho Housing Office.)
(2) Apartment Managers should either:  (a) Be in the same building as the student residents, or be in the same building group complex with reasonable control over entrance, (b) Be in a separate apartment from tenants, or (c) Receive approval from the Housing Office for any exceptions.  Also, they should be married, be good LDS role models, be compensated for the fulfilling of their responsibilities, and handle students in a reasonable manner.
(3) Resident Assistants (RA):  A full-time manager, under most circumstances, can supervise up to 60 students.  A resident assistant should be hired for the supervision of every additional 30 to 40 students.  Example:  An apartment with 90 students would require one full-time manager plus one RA.  An apartment with 150 students would require one full-time manager plus three RA’s.

APARTMENT FACILITY REQUIREMENTS

Minimum Specifications for Approved Housing
The landlord agrees to maintain both the interior and exterior of the property and any furnishings or appliances provided in a safe and operable condition and in compliance with all minimum specifications established by BYU-Idaho.  Where necessary, a written notification of needed repairs or maintenance should be given to the landlord.  Serious violations of minimum specifications should be brought to the attention of the Housing Office.
1. Space and room arrangements:
(a) Every room occupied for sleeping purposes shall contain at least 50 square feet of floor space per student, not including closet space.
(b) No more than four tenants shall sleep in a single bedroom.
2. Apartment furnishings:
(a) Every dwelling unit occupied by students shall contain adequate study facilities.  (It is recommended that this include one study desk for each two students or six square feet of desk/table area per student.)
(b) There shall be one straight-back study chair for each student.
(c) There shall be one reasonably sized dresser or chest of drawers per student.
(d) There shall be adequate bookshelves.
(e) There shall be adequate mirrors in the apartment.
3. Beds and bedding:
(a) A separate bed shall be provided for each tenant.
(b) Beds shall be clean, sanitary, in a good state of repair, and equipped with a mattress cover.
(c) Sleeping facilities for single students are not allowed to be set up in the living room areas.
4. Light and ventilation:
(a) Every room shall have adequate light and ventilation.
(b) Each window shall have screens, curtains, or drapes, as well as an inside lock.
5. Bathroom Facilities:
(a) Every bathroom shall have an outside window or exhaust fan.
(b) There shall be at least one toilet, washbasin, and bathtub or shower in good working condition per six tenants.
(c) All bathroom facilities shall be so located within the dwelling so as to be reasonably accessible to all persons sharing such facilities.
6. Heat and Water:
(a) Every dwelling shall have heating facilities and equipment that is capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three (3) feet above the floor in all habitable rooms.
(b) Hot water shall be reasonably available at all times.
7.  Closet and storage space:
(a) There shall be closet space at least 22 inches deep and three feet in width, or the equivalent, provided for each tenant occupying the bedroom.
(b) There shall be storage space for bags and trunks belonging to the tenants.
8.  Cooking and eating apartment requirements:
(a) The apartment shall contain a kitchen sink that is connected with hot water and cold water and is also connected to the sewer drain.
(b) The apartment shall have an electric or gas stove with an oven in good operating condition.
(c) The apartment shall have one refrigerator in good operating condition per six (6) tenants.
(d) Floors and walls shall be in a good state of repair and shall be finished so that they are sanitary and can be easily kept clean.
(e) There shall be adequate garbage storage and disposal facilities.
9. Basement apartments:
(a) Floors and walls shall be adequately sealed against dampness.
(b) The living quarters must be separated by a wall from the furnace room, coal bin, and laundry room.
10. Safety:
(a) Adequate exit facilities shall be provided at all times.
(b) Doorways and aisles shall be at least 28 inches wide, and shall be kept unobstructed and well lighted at all times.
(c) Each residential unit housing more than ten tenants shall have two separate exits.
(d) No accumulation of rubbish or combustibles shall be permitted in the building, and no combustibles shall be stored within 12 inches of the furnace.
(e) All apartments shall have outside doors with a substantial lock, and a key shall be issued to each tenant occupying the apartment.
(f) Each apartment must have functional fire extinguishers located in the kitchen area.  Smoke alarms are also required in each bedroom and in the hallway by the bedrooms of each apartment.
(g) Landlords shall make arrangements to reasonably remove snow and ice from stairways, walkways, and parking lots.
(h) Electrical outlets in the bathrooms must be GFI protected as required by the Uniform Electrical Code.
(i) Electrical wiring shall not be hung on nails or run under rugs and carpets.  There shall not be more than two appliances plugged into each outlet.
(j) Every room shall contain at least two separate electrical outlets.
(k) As a safety precaution, there shall be no portable gas or electric heating devices.
11. Appearance of apartment:
(a) Rooms occupied by students shall be in a good state of maintenance with walls and ceilings preferably light in color, especially basement rooms and study rooms.
(b) An approved student apartment shall present a neat, attractive appearance.
(c) The grounds shall be reasonably maintained and free from offensive and unsightly debris.
(d) The outside of the unit shall be in good repair.
12.  Parking:
Parking shall comply with city ordinances.  Rexburg city ordinances require the landlord to furnish sufficient parking for automobiles owned by tenants.
13.  Inspection:
(a) A written certificate of occupancy for new construction (or inspection documentation for existing structures) as well as a business license must be obtained from the City of Rexburg.
(b) Each apartment unit will be inspected by BYU-Idaho before initial approval and periodically to assure compliance with all approval guidelines. 

14. Hotels, Motels, Condominiums, Studio Apartments, Trailers, and Commercial Property:
(a) Hotels, motels, condominiums, studio apartments, and trailers are not approved housing for single students (see Section 3c above).

(b) Apartments housed in the same building as commercial property are not approved housing for single students.
15. Approval of new or existing construction:
All newly constructed housing units desiring approval must meet all BYU-Idaho approval guidelines and also obtain a certificate of occupancy from the City of Rexburg.
Any existing structures that have never been approved for single students, any unit that has been disapproved, or any unit that has not rented to single students for more than 12 months, must meet the approval guidelines, obtain a satisfactory inspection from the City of Rexburg, and must also meet the following additional stipulations:  a) Smoke alarms in every bedroom and in the hallway outside the bedrooms, b) Secondary egress windows in basement bedrooms that provide 5.7 sq. ft. of open able window space, and a finished sill height of 44” off the floor, and c) Provide paved off-street parking at the rate of 1.0 spaces per student.
Units, which have enjoyed perpetual approval, will be “grandfathered in” on these issues.  However, nothing in these guidelines should be interpreted as precluding BYU-Idaho from upgrading the requirements for approval at any time.

Postal Regulations
All apartment units must either have postal-approved receptacles or have mail bulk delivered.  With approved secured receptacles, the postal service will distribute the mail to the boxes and assume the responsibility of forwarding first-class mail.  By not installing acceptable mail receptacles, the apartment management will have to assume the responsibility for mail distribution into secured receptacles and the forwarding of first-class mail.  Those units that choose to install postal-approved receptacles will need to post an alphabetized list of residents in an appropriate place next to the mailboxes.  Also, a list of names for each box corresponding to each apartment needs to be taped onto each box.

LIVING STANDARDS

All BYU-Idaho single students must live in approved housing or at home and are expected to abide by the following policies regarding curfew hours and guests of the opposite sex.

Honor Code
See Honor Code in the Standards section.

Dances

The Dance Office, under the leadership of the Activities Program, sponsors dances for BYU-Idaho students.  Individuals and complexes may not sponsor a dance for the BYU-Idaho student body.  With permission of the owner and manager, dances held at complexes are for tenants and their individual guests only.  Music and dress need to be in compliance with the BYU-Idaho Honor Code and dress standards.  The social activities dance office is available to help with music and disc jockeys.

Firearms
Firearms, knives, ammunitions, explosives, or any devices which intended use is capable of inflicting injury or damaging property, including but not limited to martial arts weapons, BB guns, slingshots, pellet guns, paintball guns, wrist rockets, swords, hunting knives and bows, are prohibited in on- or off-campus apartments.  Facsimiles of firearms or dangerous and destructive weapons are also prohibited.  These dangerous devices are discouraged, and it is recommended that they be left at home unless arrangements are available for approved storage.  On- and off-campus approved housing unit owners and managers may assume the responsibility of storing any weapons, firearms, or ammunition on the premises only if these items are kept under lock and key outside of student apartments.  Any questions regarding weapons in housing units may be directed to university police or the housing director.

Guests
Because overnight guests often cause interruption and inconvenience to others, all guests should be cleared with the apartment manager.  No overnight guests of the opposite sex are permitted at any time.  The tenant shall be responsible for any damage, beyond reasonable wear and tear, to the property by the tenant, members of the tenant's family, or guests.

Visitation Guidelines (By the Opposite Sex):
Men and women may visit in apartments of the opposite sex beginning at 2 p.m. Monday through Friday, noon on Saturday, and after church on Sunday, and extending until one hour before curfew.  Visitors need to be in compliance with the following guidelines:
(a) There should always be at least three people in an apartment being visited by a member of the opposite sex.
(b) Drapes and blinds must be left open during the visit.
(c) Visitors of the opposite sex are not allowed in bedrooms at any time.
(d) Visitors must have the approval of the roommates before being allowed in the apartment.

Hours - Curfew
Students should be in their own apartment by 11 p.m. on nights preceding a school day and 1 a.m. on nights not preceding a school day.  Visitors of the opposite sex are to be out of the apartment one hour before curfew.  When attending university functions that end later than established curfew hours, such as plays and concerts, students should be in within 30 minutes after the event is over.  Curfew hours remain in effect during finals and test week.

Passes - Housing
Late or overnight passes are required to extend the curfew one hour, Sunday through Thursday.  This pass may be obtained from the housing unit manager.

Literature, Books, Magazines, Posters, and Pictures

All such material must be within the standards of good taste and decency as implied in the Honor Code.

Pets
No pets of any kind are allowed in approved housing.

Privacy
Landlords or their agents have a right to enter an apartment in a reasonable manner to make needed repairs, for the weekly house check, to show an apartment to a prospective tenant, to verify compliance with the Honor Code and housing policies, or in case of an emergency.  However, this entry should occur only after the manager has knocked and generally at reasonable hours and with the tenant’s consent.  A student’s privacy is protected by law.  If management enters at other than the appropriate times outlined in the rental contract, there must be “reasonable cause” to suspect that there is an Honor Code violation in progress.  Management does not have the right to enter a student’s apartment on a “fishing expedition.”

Quiet Hours
Quiet hours are from 10 p.m. until 8:30 a.m. Monday through Saturday and all day Sunday.  Quiet hours are designed to help students have adequate time for proper study and sleep.  Each resident is expected to refrain from disruptive activities such as loud conversation and laughter or loud playing of radios, stereos, etc.  Residents do not have the right at any time to be so excessively loud that it is an unfair disturbance to other residents.

Security Deposits
A landlord can require a tenant to deposit a sum known as a security deposit.  A security deposit is for purposes other than the payment of rent.  The rental agreement should specify the amount of the security deposit and what it may be used for.  If the security deposit can be used for the payment of rent, the rental agreement and/or deposit receipt should clearly indicate this.  The security deposit cannot be used to cover normal wear and tear.  Normal wear and tear means the deterioration that occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, misuse or abuse of the premises or contents by the tenants, their family, or their guests.  A landlord who finds it necessary to use a security deposit is required to provide the tenant with a signed statement as to expenditures required, the amount retained, and the purpose for which the amount retained was used.  The statement and the remainder of the security deposit, if any, or the full deposit, must be given to the tenant within 21 days after the tenant surrenders the premises.  If both the landlord and the tenant have previously agreed, this period can be extended up to 30 days, but no longer.

Television, Video Tapes, Music, Posters, and Internet
In keeping with the ideals of BYU-Idaho and the spirit of the Honor Code, "R,"  “NC-17,” and "X" rated viewing are not allowed.  In addition, posters, internet access, music, television, or “any form of entertainment, including concerts, movies, and videocassettes, that is vulgar, immoral, inappropriate, suggestive, or pornographic in any way,” no matter what the rating, violates the spirit of the Honor Code and is not acceptable (see For the Strength of Youth pamphlet, page 11).  Off-campus apartment units which provide media cable services, such as TV or satellite service to their tenants are expected, as a condition of their BYU-Idaho approval, to exercise their option as subscribers and not provide any channels or services that bring “R,” “NC-17”, or “X” rated viewing into the homes of BYU-Idaho students.  Most premium movie channels are considered inappropriate.  Those that often come with basic service and must be filtered out currently include MTV and VH-1.  Special events, such as major sports contests, which do not violate the Honor Code, may be procured through pay-per-view channels after the cable or satellite distributor clears that event in advance with the University Dean of Students Office.  The expectation for students who subscribe to cable service on their own is the same.  Students are expected to refrain from subscribing to or viewing any media that compromises their commitment to the BYU-Idaho Honor Code.

Tenant Obligations
The tenant agrees to use the property as his or her personal residence and to comply with all applicable city, county, and state laws in use of the property.  The tenant shall maintain the interior of the property in a reasonably clean and safe condition, use reasonable care in consumption of utilities and services furnished by the landlord, and avoid unreasonable noise or other disruption of the privacy and peaceful enjoyment of the premises by the landlord and other tenants.  The tenant shall not make, or cause to be made, any alterations to the property or its contents without first obtaining the written consent of the landlord.

ARBITRATION

Settlement
Disputes between students and landlords can usually be settled through reasonable negotiation by both parties.  BYU-Idaho Housing Office will offer mediation services if needed.  If a satisfactory decision is not met by negotiation or mediation, BYU-Idaho, under Idaho law, provides a formal, four-member arbitration panel whereby written complaints are submitted to the Housing Office with a written rebuttal from the offending party.  If the case is accepted for arbitration, a hearing will be scheduled with evidence submitted from both parties.  If the student fails to comply with the decision, they may be prevented from registering for school and/or grades may be held.  If the landlord fails to comply, university-approved status could be lost.

Arbitration Clause
Every rental agreement shall include the following clause:  BINDING ARBITRATION:  In the event the landlord and the BYU-Idaho student-tenant fail to agree concerning the construction or application of any of the terms, provisions, or conditions of this agreement, and after mediation by the BYU-Idaho Housing Office, either party may present the controversy to the BYU-Idaho Housing Arbitration Board for arbitration.  The party submitting the issue to the Housing Arbitration Board shall commence the action by serving a written request for arbitration with the BYU-Idaho Housing Office and upon the other party.  The policies and procedures governing arbitration are contained in the BYU-Idaho Off-Campus Housing Guidebook, a copy of which is located at the BYU-Idaho Housing Office, and the terms of which are incorporated by reference to this lease agreement and become a part of it.  Awards made in arbitration may be confirmed by a court of law and enforced in the same manner as any other judgment or decree.  Students who fail to satisfy any judgment of the BYU-Idaho Housing Arbitration Board shall be prevented from registering for school and/or a hold shall be placed on their grade transcripts until compliance with the judgment.  If the landlord fails to comply with the judgment of the BYU-Idaho Housing Arbitration Board, BYU-Idaho may withdraw its approval of the apartment complex for student occupancy.  If neither party requests arbitration, or the Arbitration Board refuses to hear the dispute, the parties shall be free to pursue their civil remedies through a court of competent jurisdiction, and the non-prevailing party shall pay the cost of litigation and such amounting for attorney's fees, as the court may deem reasonable.