S.B. 92 Enrolled

FAIR HOUSING AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Ed P. Mayne
AN ACT RELATING TO REAL ESTATE; REVISING THE PROCEDURE FOR FILING AND
RESOLVING A FAIR HOUSING COMPLAINT; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
57-21-9, as last amended by Chapter 375, Laws of Utah 1997
57-21-10, as last amended by Chapter 375, Laws of Utah 1997
57-21-12, as enacted by Chapter 114, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-21-9 is amended to read:
57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation --
Investigation -- Determination.
(1) Any [person] aggrieved [by a discriminatory housing practice] person may file a
written verified complaint with the division within 180 days after [the] an alleged discriminatory
housing practice occurs.
(2) (a) The commission shall adopt rules consistent with the provisions of 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 parties accused of the acts or omissions 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 [and order], the division shall, to the extent feasible, engage in conciliation

with respect to the complaint.
(4) The division shall commence proceedings to investigate and conciliate a complaint
alleging a discriminatory housing practice within 30 days after the filing of the complaint.
(5) The division shall complete the investigation within 100 days after the filing of the
complaint, unless it is impracticable to do so. If the division is unable to complete the investigation
within 100 days after the filing of the complaint, the division shall notify the complainant and
respondent in writing of the reasons for the delay.
(6) (a) If, as a result of the division's investigation, the [division] director determines that
there is no reasonable cause to support the allegations in the complaint[: (a)], the director [or the
director's designee] shall issue a written determination [and order for the dismissal of the
complainant and respondent; and] dismissing the complaint.
[(b) the complainant, respondent, or an aggrieved party may submit a written request for a
reconsideration of the director's or designee's determination and order within 20 days after the date
of issuance of the director's determination and order pursuant to Section 63-46b-13 . The decision
of the Division of Adjudication may be appealed in accordance with Title 34A, Chapter 1, Part 3,
Adjudicative Proceedings.]
[(7) If the director or designee fails to receive a timely request for review under Subsection
(6)(b), the determination and order become the final order of the commission.]
(b) If the director dismisses the complaint pursuant to Subsection (6)(a), the complainant
may request that the director reconsider the dismissal pursuant to Section 63-46b-13 .
(c) Notwithstanding the provisions of Title 63, Chapter 46b, Administrative Procedures Act,
the director's determination to dismiss a complaint or, in the case of a request for reconsideration,
the director's order denying reconsideration is not subject to further agency action or direct judicial
review. However, the complainant may commence a private action pursuant to Section 57-21-12 .
[(8)] (7) If [the division], as a result of the division's investigation of a complaint, the
director determines that there is reasonable cause to support the allegations in the complaint, all of
the following apply:
(a) The division shall informally endeavor to eliminate or correct the discriminatory housing

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practice through a conciliation conference between the parties, presided over by the division.
Nothing said or done in the course of the conciliation conference may be made public or admitted
as evidence in a subsequent proceeding under this chapter without the written consent of the parties
concerned.
(b) If the conciliation conference results in voluntary compliance with this chapter, a
conciliation agreement setting forth the resolution of the issues shall be executed by the parties and
approved by the division. The parties may enforce the conciliation agreement in an action filed in
a court of competent jurisdiction.
(c) If the division is unable to obtain a conciliation agreement, the director shall issue a
written determination [and order to the complainant and respondent] stating the director's findings
[of the division that the allegations of the complaint are supported by reasonable cause] and ordering
any appropriate relief under Section 57-21-11 .
Section 2. Section 57-21-10 is amended to read:
57-21-10. Judicial election or formal adjudicative hearing.
(1) If [the director's determination and order finds that there is], pursuant to Subsection
57-21-9 (7)(c), the director issues a written determination finding reasonable cause to believe that a
discriminatory housing practice has occurred, or is about to occur, [the complainant, respondent, or
an aggrieved person on whose behalf a complaint has been filed may elect to have the findings of
the division asserted in either a formal adjudicative hearing or in a civil action] a respondent 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 from the date of issuance
of the determination. 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) The election shall be submitted in writing to the director of the Division of Adjudication
within 20 days from the date of issuance of the director's determination and order. If the director
fails to receive a timely election, the director's determination and order become the final order of the

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commission.]
[(3) If the complainant, respondent, or an aggrieved person elects to have the claims asserted
in a formal adjudicative hearing or in a civil action, the Division of Adjudication shall give written
notice to the complainant and respondent of that election.]
[(4) If an election is made, the director of the Division of Adjudication or the director's
designee shall determine whether the allegations of the complaint are supported by substantial
evidence.]
[(5) If the director of the Division of Adjudication or the director's designee determines that
the allegations of the complaint are supported by substantial evidence, the director shall, pursuant
to the election, refer the matter to the presiding officer to set a formal adjudicative hearing or
commence a civil action in an appropriate district court within 30 days from the date the election is
made. The Division of Adjudication shall provide legal representation on behalf of the aggrieved
person.]
[(6) If the director of the Division of Adjudication or the director's designee determines that
the allegations of the complaint are not supported by substantial evidence, the complainant may
commence a private civil action under Subsection 57-21-12 (1).]
(2) If a respondent files a timely request for review pursuant to Subsection (1):
(a) any respondent, complainant, or aggrieved party 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 commission pursuant to Title 63, Chapter 46a, 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 (1)(a) within 30 days after the completion of the forum selection process; and
(c) the commission shall determine whether the director's determination is supported by
substantial evidence.
(3) If, pursuant to Subsection (2)(c), the commission determines that the director's
determination is supported by substantial evidence, the commission shall provide legal

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representation on behalf of the aggrieved person, including the filing of a complaint for review as
required by Subsection (2)(b), to support and enforce the director's determination in the de novo
review proceeding. Notwithstanding any provisions of Title 63, Chapter 46b, Administrative
Procedures Act, the commission's determination 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.
[(7)] (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.
[(8)] (5) If a formal adjudicative hearing is elected, all of the following apply:
(a) The presiding officer shall commence the formal adjudicative hearing within [120] 150
days after the [complainant,] respondent[, or aggrieved person makes the election,] files a request
for review of the director's determination unless it is impracticable to do so.
(b) The investigator who investigated the matter may not participate in the formal
adjudicative hearing, except as a witness, nor may the investigator participate in the deliberations
of the presiding officer.
(c) Any party to the complaint may file a written request to the Division of Adjudication for
review of the presiding officer's order in accordance with Section 63-46b-12 and Title 34A, Chapter
1, Part 3, Adjudicative Proceedings.
(d) A final order of the commission under this section is subject to judicial review as
provided in Section 63-46b-16 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.
[(9)] (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.
[(10)] (7) The commission shall make final administrative disposition of the complaint
alleging a discriminatory housing practice within one year after the filing of the complaint, unless
it is impracticable to do so. If the commission is unable to make final administrative disposition
within one year, the commission shall notify the complainant, respondent, and any other interested
party in writing of the reasons for the delay.

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Section 3. Section 57-21-12 is amended to read:
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:
(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) [the division has commenced] 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

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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 attorneys' fees
and costs; and
(c) grant, as the court considers appropriate, any permanent or temporary injunction,
temporary 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.

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