Effective 5/14/2019 57-21-10. Judicial election or formal adjudicative hearing. (1) (a) If, pursuant to Subsection 57-21-9(6) or (7)(b)(ii), the director issues a written determination, a party to the complaint may obtain de novo review of the determination by submitting a written request for a formal adjudicative hearing to be conducted by the commission’s Division of […]
57-21-11. Relief granted — Civil penalties — Enforcement of final order. (1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, commissioner, Appeals Board, or court may order, […]
Effective 5/12/2015 57-21-12. Other rights of action. (1) In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory housing practice occurred, within two years after the termination of an […]
57-21-13. Disclosure of information. (1) Conciliation agreements and the director’s determination and order are public records. (2) Subject to Subsection (3), neither the commission nor its staff may divulge or make public information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission, except as follows: (a) Information used by the […]
57-21-14. Effect of federal action. The commencement of an action in a federal court of competent jurisdiction for relief under federal law based upon any act prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding before the division or state court proceeding in connection with the same claims under this chapter. […]
Effective 5/12/2015 57-21-2.5. Supremacy over local regulations — No special class created for other purposes. (1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in housing. (2) […]
Effective 5/12/2015 57-21-2.7. Nonseverability. Laws of Utah 2015, Chapter 13, is the result of the Legislature’s balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held invalid in a final judgment by a court of last resort, […]
Effective 5/12/2015 57-21-3. Exemptions — Sale by private individuals — Nonprofit organizations — Noncommercial transactions. (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner if: (a) the owner is not a partnership, association, corporation, or other business entity; (b) the owner does not own an interest in […]
57-21-4. Conduct and requirements excluded — Defenses. (1) Except as provided in Subsection 57-21-5(4), this chapter does not: (a) require any person to exercise a higher degree of care toward a person who has a disability than toward a person who does not have a disability; (b) relieve any person of obligations generally imposed on […]
Effective 5/12/2015 57-21-5. Discriminatory practices enumerated — Protected persons, classes enumerated. (1) It is a discriminatory housing practice to do any of the following because of a person’s race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity: (a) (i) refuse to sell or rent after the making […]
Effective 5/12/2015 57-21-6. Discriminatory housing practices regarding residential real estate-related transactions — Discriminatory housing practices regarding the provisions of brokerage services. (1) (a) It is a discriminatory housing practice for a person whose business includes engaging in residential real estate-related transactions to discriminate against a person in making available a residential real estate-related transaction, or […]
Effective 5/5/2021 57-21-6.1. Discriminatory housing practices regarding real estate — Existing real property contract provisions. (1) As used in this section: (a) “Association” means the same as that term is defined in Section 57-8-3 or 57-8a-102. (b) “Board” means: (i) a management committee as defined in Section 57-8-3; or (ii) the same as that term […]
Effective 5/12/2015 57-21-7. Prohibited conduct — Aiding or abetting in discriminatory actions — Obstruction of division investigation — Reprisals. (1) It is a discriminatory housing practice to do any of the following: (a) coerce, intimidate, threaten, or interfere with a person: (i) in the exercise or enjoyment of a right granted or protected under this […]
Effective 5/10/2016 57-21-8. Jurisdiction — Commission — Division. (1) The commission has jurisdiction over the subject of housing discrimination under this chapter and may delegate the responsibility of receiving, processing, and investigating allegations of discriminatory housing practices and enforcing this chapter to the division. (2) The commission may: (a) in accordance with Title 63G, Chapter […]
Effective 5/14/2019 57-21-9. Procedure for an aggrieved person to file a complaint — Conciliation — Investigation — Determination. (1) An aggrieved person may file a written verified complaint with the division within 180 days after the day on which an alleged discriminatory housing practice occurs. (2) (a) The commission shall adopt rules consistent with 24 […]