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
(c) any permanent or temporary injunction, temporary restraining order, or other
appropriate 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; or
(c) $50,000 if the respondent has been adjudged to have committed two or more
discriminatory 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 file a petition in a district court of competent jurisdiction 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 375, 1997 General Session
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Last revised: Thursday, May 28, 2009