57-21-8. Jurisdiction -- Department -- 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) adopt rules necessary to administer this chapter in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(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
(c) issue subpoenas to compel the attendance of witnesses or the production of evidence
for use in any investigation, conference, or hearing conducted by the division, and if a person
fails to comply with such 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;
(c) may seek prompt judicial action for appropriate temporary or preliminary relief
pending final disposition of a complaint if the division and the commission conclude that such 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; and
(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;
(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 382, 2008 General Session
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Last revised: Thursday, May 28, 2009