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
(c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate,
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
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Last revised: Thursday, May 28, 2009