1     
UTAH FAIR HOUSING ACT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Clare Collard

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Senate Sponsor: Chris H. Wilson

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7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Fair Housing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies a list of certain discriminatory housing practices.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          57-21-5, as last amended by Laws of Utah 2015, Chapter 13
20     

21     Be it enacted by the Legislature of the state of Utah:
22          Section 1. Section 57-21-5 is amended to read:
23          57-21-5. Discriminatory practices enumerated -- Protected persons, classes
24     enumerated.
25          (1) It is a discriminatory housing practice to do any of the following because of a
26     person's race, color, religion, sex, national origin, familial status, source of income, disability,
27     sexual orientation, or gender identity:

28          (a) (i) refuse to sell or rent after the making of a bona fide offer;
29          (ii) refuse to negotiate for the sale or rental; or
30          (iii) otherwise deny or make unavailable a dwelling from any person;
31          (b) discriminate against a person in the terms, conditions, or privileges:
32          (i) of the sale or rental of a dwelling; or
33          (ii) in providing facilities or services in connection with the dwelling; or
34          (c) represent to a person that a dwelling is not available for inspection, sale, or rental
35     when the dwelling is available.
36          (2) It is a discriminatory housing practice to make a representation orally or in writing
37     or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or
38     posted any notice, statement, or advertisement, or to use any application form for the sale or
39     rental of a dwelling, that directly or indirectly expresses any preference, limitation, or
40     discrimination based on race, color, religion, sex, national origin, familial status, source of
41     income, disability, sexual orientation, or gender identity, or expresses any intent to make any
42     such preference, limitation, or discrimination.
43          (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a
44     person to buy, sell, or rent a dwelling by making a representation about the entry or prospective
45     entry into the neighborhood of persons of a particular race, color, religion, sex, national origin,
46     familial status, source of income, disability, sexual orientation, or gender identity.
47          (4) A discriminatory housing practice includes:
48          (a) a refusal to permit, at the expense of the person with a disability, reasonable
49     modifications of existing premises occupied or to be occupied by the person if the
50     modifications are necessary to afford that person full enjoyment of the premises, except that in
51     the case of a rental, the landlord, where it is reasonable to do so, may condition permission for
52     a modification on the renter agreeing to restore the interior of the premises, when reasonable, to
53     the condition that existed before the modification, reasonable wear and tear excepted;
54          (b) a refusal to make a reasonable accommodation in a rule, policy, practice, or service
55     when the accommodation may be necessary to afford the person equal opportunity to use and
56     enjoy a dwelling; [and] or
57          (c) in connection with the design and construction of covered multifamily dwellings for
58     first occupancy after March 13, 1991, a failure to design and construct the covered multifamily

59     dwellings in a manner that:
60          (i) the covered multifamily dwellings have at least one building entrance on an
61     accessible route, unless it is impracticable to have one because of the terrain or unusual
62     characteristics of the site; and
63          (ii) with respect to covered multifamily dwellings with a building entrance on an
64     accessible route:
65          (A) the public use and common use portions of the covered multifamily dwelling are
66     readily accessible to and usable by a person with a disability;
67          (B) all the doors designed to allow passage into and within the covered multifamily
68     dwellings are sufficiently wide to allow passage by a person with a disability who is in a
69     wheelchair; and
70          (C) all premises within the covered multifamily dwellings contain the following
71     features of adaptive design:
72          (I) an accessible route into and through the covered multifamily dwelling;
73          (II) light switches, electrical outlets, thermostats, and other environmental controls in
74     accessible locations;
75          (III) reinforcements in the bathroom walls to allow later installation of grab bars; and
76          (IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver
77     about and use the space.
78          (5) This section also applies to discriminatory housing practices because of race, color,
79     religion, sex, national origin, familial status, source of income, disability, sexual orientation, or
80     gender identity based upon a person's association with another person.