Chapter 21 Utah Fair Housing Act

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Chapter 21

Utah Fair Housing Act

57-21-1 Short title.

This chapter is known as the "Utah Fair Housing Act."

Enacted by Chapter 233, 1989 General Session

57-21-2 Definitions.

As used in this chapter:

(1) "Affiliate" means the same as that term is defined in Section 16-6a-102.

(2) "Aggrieved person" includes a person who:

(a) claims to have been injured by a discriminatory housing practice; or

(b) believes that the person will be injured by a discriminatory housing practice that is about to

occur.

(3) "Commission" means the Labor Commission.

(4) "Complainant" means an aggrieved person, including the director, who has commenced a

complaint with the division.

(5) "Conciliation" means the attempted resolution of an issue raised in a complaint of discriminatory

housing practices by the investigation of the complaint through informal negotiations involving

the complainant, the respondent, and the division.

(6) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in

conciliation.

(7) "Conciliation conference" means the attempted resolution of an issue raised in a complaint or

by the investigation of a complaint through informal negotiations involving the complainant, the

respondent, and the division. The conciliation conference is not subject to Title 63G, Chapter 4,

Administrative Procedures Act.

(8) "Covered multifamily dwelling" means:

(a) a building consisting of four or more dwelling units if the building has one or more elevators;

and

(b) the ground floor units in other buildings consisting of four or more dwelling units.

(9) "Director" means the director of the division or a designee.

(10)

(a) "Disability" means a physical or mental impairment that substantially limits one or more of

a person's major life activities, including a person having a record of such an impairment or

being regarded as having such an impairment.

(b) "Disability" does not include current illegal use of, or addiction to, any federally controlled

substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. Sec. 802.

(11) "Discriminate" includes segregate or separate.

(12) "Discriminatory housing practice" means an act that is unlawful under this chapter.

(13) "Division" means the Division of Antidiscrimination and Labor established under the

commission.

(14) "Dwelling" means:

(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or

intended for occupancy as a residence of one or more families; or

(b) vacant land that is offered for sale or lease for the construction or location of a dwelling as

described in Subsection (14)(a).

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(15)

(a) "Familial status" means one or more individuals who have not attained the age of 18 years

being domiciled with:

(i) a parent or another person having legal custody of the one or more individuals; or

(ii) the designee of the parent or other person having custody, with the written permission of the

parent or other person.

(b) The protections afforded against discrimination on the basis of familial status apply to a

person who:

(i) is pregnant;

(ii) is in the process of securing legal custody of any individual who has not attained the age of

18 years; or

(iii) is a single individual.

(16) "Gender identity" has the meaning provided in the Diagnostic and Statistical Manual (DSM-5).

A person's gender identity can be shown by providing evidence, including, but not limited to,

medical history, care or treatment of the gender identity, consistent and uniform assertion of the

gender identity, or other evidence that the gender identity is sincerely held, part of a person's

core identity, and not being asserted for an improper purpose.

(17) "National origin" means the place of birth of an individual or of any lineal ancestors.

(18) "Person" includes one or more individuals, corporations, limited liability companies,

partnerships, associations, labor organizations, legal representatives, mutual companies, joint-

stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the

United States Bankruptcy Code, receivers, and fiduciaries.

(19) "Presiding officer" has the same meaning as provided in Section 63G-4-103.

(20) "Real estate broker" or "salesperson" means a principal broker, an associate broker, or a

sales agent as those terms are defined in Section 61-2f-102.

(21) "Respondent" means a person against whom a complaint of housing discrimination has been

initiated.

(22) "Sex" means gender and includes pregnancy, childbirth, and disabilities related to pregnancy

or childbirth.

(23) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual,

homosexual, or bisexual.

(24) "Source of income" means the verifiable condition of being a recipient of federal, state, or local

assistance, including medical assistance, or of being a tenant receiving federal, state, or local

subsidies, including rental assistance or rent supplements.

Amended by Chapter 13, 2015 General Session

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) This chapter shall not be construed to create a special or protected class for any purpose other

than housing.

Enacted by Chapter 13, 2015 General Session

57-21-2.7 Nonseverability.

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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, the remainder of the enactments and amendments of Laws of Utah 2015,

Chapter 13, affecting this chapter shall be thereby rendered without effect and void.

Enacted by Chapter 13, 2015 General Session

Revisor instructions Chapter 13, 2015 General Session

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 does not own an interest in four or more single-family dwelling units held for sale or

lease at the same time;

(b) during a 24-month period, the owner does not sell two or more single-family dwelling units in

which the owner was not residing or was not the most recent resident at the time of sale;

salesperson; and

(d) the owner does not use a discriminatory housing practice under Subsection 57-21-5(2) in the

sale or rental of the dwelling.

(2) This chapter does not apply to a dwelling or a temporary or permanent residence facility if:

(a) the discrimination is by sex, sexual orientation, gender identity, or familial status for reasons

of personal modesty or privacy, or in the furtherance of a religious institution's free exercise

of religious rights under the First Amendment of the United States Constitution or the Utah

Constitution; and

(b) the dwelling or the temporary or permanent residence facility is:

(i) operated by a nonprofit or charitable organization;

(ii) owned by, operated by, or under contract with a religious organization, a religious

association, a religious educational institution, or a religious society;

(iii) owned by, operated by, or under contract with an affiliate of an entity described in

Subsection (2)(b)(ii); or

(iv) owned by or operated by a person under contract with an entity described in Subsection (2)

(b)(ii).

(3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room in a

single-family dwelling by an owner-occupant of the single-family dwelling to another person if:

(a) the dwelling is designed for occupancy by four or fewer families; and

(b) the owner-occupant resides in one of the units.

(4)

(a)

(i) Unless membership in a religion is restricted by race, color, sex, or national origin, this

chapter does not prohibit an entity described in Subsection (4)(a)(ii) from:

(A) limiting the sale, rental, or occupancy of a dwelling or temporary or permanent residence

facility the entity owns or operates for primarily noncommercial purposes to persons of the

same religion; or

(B) giving preference to persons of the same religion when selling, renting, or selecting

occupants for a dwelling, or a temporary or permanent residence facility, the entity owns

or operates for primarily noncommercial purposes.

(ii) The following entities are entitled to the exemptions described in Subsection (4)(a)(i):

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(A) a religious organization, association, or society; or

(B) a nonprofit institution or organization operated, supervised, or controlled by or in

conjunction with a religious organization, association, or society.

(b)

(i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from:

(A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or permanent

residence facility, the entity owns or operates to persons of a particular religion, sex,

sexual orientation, or gender identity; or

(B) giving preference to persons of a particular religion, sex, sexual orientation, or gender

identity when selling, renting, or selecting occupants for a dwelling, or a temporary or

permanent residence facility, the entity owns or operates.

(ii) The following entities are entitled to the exemptions described in Subsection (4)(b)(i):

(A) an entity described in Subsection (4)(a)(ii); and

(B) a person who owns a dwelling, or a temporary or permanent residence facility, that is

under contract with an entity described in Subsection (4)(a)(ii).

(5)

(a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a private club

not open to the public, including a fraternity or sorority associated with an institution of higher

education, from:

(i) limiting the rental or occupancy of lodgings to members; or

(ii) giving preference to its members.

(b) This Subsection (5) applies only if the private club owns or operates the lodgings as an

incident to its primary purpose and not for a commercial purpose.

(6) This chapter does not prohibit distinctions based on inability to fulfill the terms and conditions,

including financial obligations, of a lease, rental agreement, contract of purchase or sale,

mortgage, trust deed, or other financing agreement.

(7) This chapter does not prohibit a nonprofit educational institution from:

(a) requiring its single students to live in a dwelling, or a temporary or permanent residence

facility, that is owned by, operated by, or under contract with the nonprofit educational

institution;

(b) segregating a dwelling, or a temporary or permanent residence facility, that is owned by,

operated by, or under contract with the nonprofit educational institution on the basis of sex or

familial status or both:

(i) for reasons of personal modesty or privacy; or

(ii) in the furtherance of a religious institution's free exercise of religious rights under the First

Amendment of the United States Constitution or the Utah Constitution; or

residence facility, available to students on a sex-segregated basis as may be permitted by:

(i) regulations implementing the federal Fair Housing Amendments Act of 1988;

(ii) Title IX of the Education Amendments of 1972; or

(iii) other applicable law.

(8) This chapter does not prohibit any reasonable local, state, or federal restriction regarding the

maximum number of occupants permitted to occupy a dwelling.

(9) A provision of this chapter that pertains to familial status does not apply to the existence,

development, sale, rental, advertisement, or financing of an apartment complex, condominium,

or other housing development designated as housing for older persons, as defined by Title VIII

of the Civil Rights Act of 1968, as amended.

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Amended by Chapter 200, 2024 General Session

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 all persons regardless of disability in

a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other

financing agreement; or

accommodate a person with a disability.

(2) It is a defense to a complaint or action brought under this chapter that the complainant has a

disability that, in the circumstances and even with reasonable accommodation, poses a serious

threat to the health or safety of the complainant or others. The burden of proving this defense

is upon the respondent.

Amended by Chapter 114, 1993 General Session

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 of a bona fide offer;

(ii) refuse to negotiate for the sale or rental; or

(iii) otherwise deny or make unavailable a dwelling from any person;

(b) discriminate against a person in the terms, conditions, or privileges:

(i) of the sale or rental of a dwelling; or

(ii) in providing facilities or services in connection with the dwelling; or

dwelling is available.

(2) It is a discriminatory housing practice to make a representation orally or in writing or make,

print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any

notice, statement, or advertisement, or to use any application form for the sale or rental of a

dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based

on race, color, religion, sex, national origin, familial status, source of income, disability, sexual

orientation, or gender identity, or expresses any intent to make any such preference, limitation,

or discrimination.

(3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy,

sell, or rent a dwelling by making a representation about the entry or prospective entry into the

neighborhood of persons of a particular race, color, religion, sex, national origin, familial status,

source of income, disability, sexual orientation, or gender identity.

(4) A discriminatory housing practice includes:

(a) a refusal to permit, at the expense of the person with a disability, reasonable modifications of

existing premises occupied or to be occupied by the person if the modifications are necessary

to afford that person full enjoyment of the premises, except that in the case of a rental, the

landlord, where it is reasonable to do so, may condition permission for a modification on the

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renter agreeing to restore the interior of the premises, when reasonable, to the condition that

existed before the modification, reasonable wear and tear excepted;

(b) a refusal to make a reasonable accommodation in a rule, policy, practice, or service when the

accommodation may be necessary to afford the person equal opportunity to use and enjoy a

dwelling; and

occupancy after March 13, 1991, a failure to design and construct the covered multifamily

dwellings in a manner that:

(i) the covered multifamily dwellings have at least one building entrance on an accessible route,

unless it is impracticable to have one because of the terrain or unusual characteristics of the

site; and

(ii) with respect to covered multifamily dwellings with a building entrance on an accessible

route:

(A) the public use and common use portions of the covered multifamily dwelling are readily

accessible to and usable by a person with a disability;

(B) all the doors designed to allow passage into and within the covered multifamily dwellings

are sufficiently wide to allow passage by a person with a disability who is in a wheelchair;

and

adaptive design:

(I) an accessible route into and through the covered multifamily dwelling;

(II) light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

(III) reinforcements in the bathroom walls to allow later installation of grab bars; and

(IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver about

and use the space.

(5) This section also applies to discriminatory housing practices because of race, color, religion,

sex, national origin, familial status, source of income, disability, sexual orientation, or gender

identity based upon a person's association with another person.

Amended by Chapter 13, 2015 General Session

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 in the terms or conditions of the

residential real estate-related transaction, because of race, color, religion, sex, disability,

familial status, source of income, national origin, sexual orientation, or gender identity.

(b) Residential real estate-related transactions include:

(i) making or purchasing loans or providing other financial assistance:

(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(B) secured by residential real estate; or

(ii) selling, brokering, or appraising residential real property.

(2) It is a discriminatory housing practice to, because of race, color, religion, sex, disability, familial

status, source of income, national origin, sexual orientation, or gender identity:

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(a) deny a person access to, or membership or participation in, a multiple-listing service, real

estate brokers' organization, or other service, organization, or facility relating to the business

of selling or renting dwellings; or

(b) discriminate against a person in the terms or conditions of access, membership, or

participation in the organization, service, or facility.

(3) This section also applies to a discriminatory housing practice because of race, color, religion,

sex, national origin, familial status, source of income, disability, sexual orientation, or gender

identity based upon a person's association with another person.

Amended by Chapter 13, 2015 General Session

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 is defined in Section 57-8a-102.

57-8a-102.

(2) Any provision in a previously recorded written instrument relating to real property that

expresses any preference, limitation, or discrimination based on race, color, religion, sex,

national origin, familial status, source of income, disability, sexual orientation, or gender identity

is void.

(3) It is a discriminatory housing practice to enforce a provision described in Subsection (2).

(4) Except as provided in Subsection (5), a person with a fee simple interest in the real property

that is subject to the recorded written instrument described in Subsection (2) may record with

the county recorder a modification document on the real property in the following form:

"Any provision in a previously recorded written instrument that expresses any preference,

limitation, or discrimination based on race, color, religion, sex, national origin, familial status,

source of income, disability, sexual orientation, or gender identity is void under Utah Code

Section 57-21-6.1.".

(5)

(a) If a written instrument described in Subsection (2) is a governing document, an association

may, in accordance with this section, amend the association's governing documents to

remove a provision described in Subsection (2).

(b)

(i) If an owner believes an association's governing documents include a provision described in

Subsection (2), the owner may submit a written request to remove the provision.

(ii) Within 90 days after the day on which the board receives a written request, the board:

(A) shall investigate a claim that the association's governing documents include a provision

described in Subsection (2); and

(B) if the board determines the association's governing documents include a provision

described in Subsection (2), may remove the provision from the governing documents by

amending the association's governing documents through a majority vote of the board,

regardless of any contrary provision in the association's governing documents.

Subsection (2) from the governing documents.

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(d) Notwithstanding any contrary provision in the association's governing documents, an

amendment under this subsection does not require approval of the association's members.

(6) A provision in a recorded written instrument that is void under this section does not affect the

validity of the remainder of the previously recorded written instrument.

(7) An owner who records or causes to be recorded a modification document under Subsection (4)

that contains modifications not authorized by this section is solely liable for the recordation.

(8) A county recorder may not charge a fee for recording a modification document under this

section.

Enacted by Chapter 294, 2021 General Session

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 chapter;

(ii) because that person exercised a right granted or protected under this chapter; or

(iii) because that person aided or encouraged any other person in the exercise or enjoyment of

a right granted or protected under this chapter;

(b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this chapter;

this chapter;

(d) obstruct or prevent a person from complying with this chapter, or any order issued under this

chapter;

(e) resist, prevent, impede, or interfere with the director or a division employee or representative

in the performance of duty under this chapter; or

(f) engage in a reprisal against a person because that person:

(i) opposed a practice prohibited under this chapter; or

(ii) filed a complaint, testified, assisted, or participated in any manner in an investigation,

proceeding, or hearing under this chapter.

(2) This section also applies to discriminatory housing practices because of race, color, religion,

sex, national origin, familial status, source of income, disability, sexual orientation, or gender

identity based upon a person's association with another person.

Amended by Chapter 13, 2015 General Session

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 3, Utah Administrative Rulemaking Act, adopt rules

necessary to administer this chapter;

(b) appoint and prescribe the duties of investigators, legal counsel, and other employees and

agents that it considers necessary for the enforcement of this chapter; and

in any investigation, conference, or hearing conducted by the division, and if a person fails to

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comply with a subpoena, petition a court of competent jurisdiction for an order to show cause

why that person should not be held in contempt.

(3) The division:

(a) may receive, reject, investigate, and determine complaints alleging discriminatory housing

practices prohibited by this chapter;

(b) shall attempt conciliation between the parties through informal efforts, conference,

persuasion, or other reasonable methods for the purposes of resolving the complaint;

final disposition of a complaint if the division and the commission conclude that an action is

necessary to carry out the purposes of this chapter;

(d) may, with the commission, initiate a civil action in a court of competent jurisdiction to:

(i) enforce the rights granted or protected under this chapter;

(ii) seek injunctive or other equitable relief, including temporary restraining orders, preliminary

injunctions, or permanent injunctions;

(iii) seek damages;

(iv) enforce final commission orders on the division's own behalf or on behalf of another person

in order to carry out the purposes of this chapter; and

(v) enforce the terms of a conciliation agreement in the event of a breach;

(e) may initiate formal agency action under Title 63G, Chapter 4, Administrative Procedures Act;

and

(f) may promote public awareness of the rights and remedies under this chapter by implementing

programs to increase the awareness of landlords, real estate agents, and other citizens

of their rights and responsibilities under the Utah Fair Housing Act, but may not solicit fair

housing complaints or cases.

Amended by Chapter 244, 2016 General Session

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 C.F.R. Sec. 115.3 (1990), relating to

procedures under related federal law, to govern:

(i) the form of the complaint;

(ii) the form of any answer to the complaint;

(iii) procedures for filing or amending a complaint or answer; and

(iv) the form of notice to a party accused of the act or omission giving rise to the complaint.

(b) The commission may, by rule, prescribe any other procedure pertaining to the division's

processing of the complaint.

(3) During the period beginning with the filing of the complaint and ending with the director's

determination, the division shall, to the extent feasible, engage in conciliation with respect to the

complaint.

(4)

(a) The division shall commence proceedings to investigate and conciliate a complaint alleging a

discriminatory housing practice within 30 days after the day on which the complainant files the

complaint.

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(b) After the commencement of an investigation, any party may request that the commission

review the proceedings to ensure compliance with the requirements of this chapter.

(5)

(a) The division shall complete the investigation within 100 days after the day on which the

complainant files the complaint, unless it is impracticable to do so.

(b) If the division is unable to complete the investigation within 100 days after the day on which

the complainant files the complaint, the division shall notify the complainant and respondent in

writing of the reasons for the delay.

(6) If, as a result of the division's investigation, the director determines that there is no reasonable

cause to support an allegation in the complaint, the director shall issue a written determination

dismissing the complaint.

(7) If, as a result of the division's investigation of a complaint, the director determines that there is

reasonable cause to support an allegation in the complaint:

(a)

(i) the division shall informally endeavor to eliminate or correct the discriminatory housing

practice through a conciliation conference between the parties, presided over by the

division; and

(ii) nothing said or done in the course of a conciliation conference described in Subsection (7)

(a)(i) may be made public or admitted as evidence in a subsequent proceeding under this

chapter without the written consent of the parties concerned; and

(b)

(i) if the conciliation conference described in Subsection (7)(a) results in voluntary compliance

with this chapter:

(A) the parties shall execute a conciliation agreement, approved by the division, setting forth

the resolution of the issues; and

(B) the parties or the division may enforce the conciliation agreement in an action filed in a

court of competent jurisdiction; or

(ii) if the division is unable to obtain a conciliation agreement, the director shall issue a written

determination stating the director's findings and ordering appropriate relief under Section

57-21-11.

Amended by Chapter 100, 2019 General Session

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

Adjudication in accordance with Title 34A, Chapter 1, Part 3, Adjudicative Proceedings, to the

director within 30 days after the day on which the director issues the determination.

(b) If the director does not receive a timely request for review, the director's determination

becomes the final order of the commission and is not subject to further agency action or direct

judicial review.

(2) If a party files a timely request for review pursuant to Subsection (1):

(a) any party to the complaint may elect to have the de novo review take place in a civil action in

the district court rather than in a formal adjudicative hearing with the Division of Adjudication

by filing an election with the commission in accordance with rules established by the

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commission pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding

the form and time period for the election;

(b) the complainant shall file a complaint for review in the forum selected pursuant to Subsection

(2)(a) within 30 days after the completion of the forum selection process; and

substantial evidence.

(3)

(a) The commission shall provide legal representation on behalf of the aggrieved person,

including the filing of a complaint for review as required by Subsection (2)(b), in the de novo

review proceeding, if:

(i) in accordance with Subsection 57-21-9(7)(b)(ii), the director issued a written determination

finding reasonable cause to believe that a discriminatory housing practice had occurred, or

was about to occur; and

(ii) under Subsection (2)(c), the commission determines that the director's determination under

57-21-9(7)(b)(ii) is supported by substantial evidence.

(b) An attorney who provides legal representation under Subsection (3)(a) shall consult with

the parties in good faith and attempt to resolve the matter based upon a review of the facts,

witnesses, evidence, and the likelihood of success.

determination, under Subsection (2)(c), regarding the existence or nonexistence of substantial

evidence to support the director's determination is not subject to further agency action or

direct judicial review.

(4) Upon timely application, an aggrieved person may intervene with respect to the issues to be

determined in a formal adjudicative hearing or in a civil action brought under this section.

(5) If a formal adjudicative hearing is elected:

(a) the presiding officer shall commence the formal adjudicative hearing within 150 days after

the day on which a request for review of the director's determination is filed, unless it is

impracticable to do so;

(b) the investigator who investigated the matter may not participate:

(i) in the formal adjudicative hearing, except as a witness; or

(ii) in the deliberations of the presiding officer;

of the presiding officer's order in accordance with Section 63G-4-301 and Title 34A, Chapter

1, Part 3, Adjudicative Proceedings; and

(d) a final order of the commission under this section is subject to judicial review as provided in

Section 63G-4-403 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.

(6) If a civil action is elected, the commission is barred from continuing or commencing any

adjudicative proceeding in connection with the same claims under this chapter.

(7)

(a) The commission shall make final administrative disposition of the complaint alleging a

discriminatory housing practice within one year after the complainant filed the complaint,

unless it is impracticable to do so.

(b) If the commission is unable to make final administrative disposition within the time period

described in Subsection (7)(a), the commission shall notify the complainant, respondent, and

any other interested party in writing of the reasons for the delay.

Amended by Chapter 200, 2024 General Session

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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, as considered appropriate:

(a) the respondent to cease any discriminatory housing practice;

(b) actual damages, reasonable attorneys' fees and costs to the aggrieved person; and

order.

(2) In addition to the relief granted to an aggrieved person under Subsection (1), in order to

vindicate the public interest, the director, presiding officer, or court may also assess civil

penalties against the respondent in an amount not exceeding:

(a) $10,000 if the respondent has not been adjudged to have committed any prior discriminatory

housing practice;

(b) $25,000 if the respondent has been adjudged to have committed one other discriminatory

housing practice during the five-year period ending on the date of the filing of the complaint;

housing practices during the seven-year period ending on the date of the filing of this

complaint.

(3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts constituting the

discriminatory housing practice are committed by the same natural person who has previously

been adjudged to have committed a discriminatory housing practice.

(4) The division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial

Administration, for:

(a) the enforcement of a final department order; and

(b) for any appropriate temporary relief or restraining order necessary for the enforcement of a

final commission order.

Amended by Chapter 401, 2023 General Session

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 alleged discriminatory housing practice, or within two

years after a breach of a conciliation agreement. The division shall inform the aggrieved person

in writing about this option within 30 days after the aggrieved person files a complaint under

Section 57-21-9.

(2)

(a) Except as provided in Subsection (2)(b), the computation of this two-year time period does

not include any time during which an administrative proceeding under this chapter was

pending with respect to a complaint filed under this chapter.

(b) The tolling of the two-year time period does not apply to actions arising from a breach of a

conciliation agreement.

(3) An aggrieved person may commence a private civil action even though a complaint has been

filed with the division, in which case the division is barred from continuing or commencing any

adjudicative proceeding in connection with the same claims under this chapter after:

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(a) the beginning of a civil action brought by a complainant or aggrieved person; or

(b) the parties have reached an agreement in settlement of claims arising from the complaint.

(4) An aggrieved person may not file a private civil action under this section if:

(a) the division has obtained a conciliation agreement, except for the purpose of enforcing the

terms of the conciliation agreement; or

(b) a formal adjudicative hearing has been commenced under Section 57-21-10 regarding the

same complaint.

(5) Upon written application by a person alleging a discriminatory housing practice prohibited under

this chapter in a private civil action, or by a person against whom the violations are alleged, the

court may:

(a) appoint an attorney for the applicant; and

(b) authorize the commencement or continuation of a private civil action without the payment of

fees, costs, or security if, in the opinion of the court, the applicant is financially unable to bear

the costs of the civil action.

(6) Upon timely application, the division may intervene in a private civil action brought under this

subsection if the division certifies that the case is of general importance.

(7) In a private civil action, if the court finds that a discriminatory housing practice has occurred or

is about to occur, the court may:

(a) order the respondent to cease any discriminatory housing practice;

(b) award to the plaintiff actual damages, punitive damages, and reasonable attorney fees and

costs; and

restraining order, or other order as may be appropriate, including civil penalties under Section

57-21-11.

(8) This chapter does not preclude any private right of action by an aggrieved person based on

otherwise applicable law not included in this chapter.

Amended by Chapter 13, 2015 General Session

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 director in making any determination may be provided to all

interested parties for the purpose of preparation for and participation in the investigation and

any proceedings before the commission or court.

(b) General statistical information may be disclosed provided identities of individuals or parties

are not disclosed.

other legal representatives of the state or commission.

(d) Information may be disclosed for information and reporting requirements of the federal

government.

(3) The commission or its staff may not divulge or make public any information gained from any

investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before

the commission if a privacy interest entitled to protection by law exists or the commission

determines that disclosure will not further the purposes of this chapter.

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Page 14

Amended by Chapter 375, 1997 General Session

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.

Enacted by Chapter 114, 1993 General Session