S.B. 212 Enrolled

FAIR HOUSING AMENDMENT
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Steven Poulton
AN ACT RELATING TO THE UTAH FAIR HOUSING ACT; MOVING THE SUBPOENA
POWER FROM THE DIVISION OF ANTIDISCRIMINATION TO THE LABOR
COMMISSION; REQUIRING THE LABOR COMMISSION TO CONCUR WITH CERTAIN
DETERMINATIONS OF THE DIVISION; GRANTING THE RIGHT TO AN INDEPENDENT
LEGAL REVIEW BY THE LABOR COMMISSION; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
57-21-8, as last amended by Chapter 375, Laws of Utah 1997
57-21-9, as last amended by Chapter 375, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-21-8 is amended to read:
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 63, Chapter
46a, Utah Administrative Rulemaking Act; [and]
(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 [may]:

(a) may receive, reject, investigate, and determine complaints alleging discriminatory
housing practices prohibited by this chapter;
[(b) 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;]
[(c)] (b) shall attempt conciliation between the parties through informal efforts, conference,
persuasion, or other reasonable methods for the purposes of resolving the complaint;
[(d)] (c) may seek prompt judicial action for appropriate temporary or preliminary relief
pending final disposition of a complaint if the division [concludes] and the commission conclude
that such an action is necessary to carry out the purposes of this chapter;
[(e)] (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;
[(f)] (e) may initiate formal agency action under Title 63, Chapter 46b, Administrative
Procedures Act; and
[(g)] (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.
Section 2. Section 57-21-9 is amended to read:
57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation --
Investigation -- Determination.

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(1) Any person aggrieved by a discriminatory housing practice may file a written verified
complaint with the division within 180 days after the 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. After the
commencement of an investigation, any party may request that the commission review the
proceedings to insure compliance with the requirements of this chapter.
(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) If the division 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
(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

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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.
(8) If the division 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
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 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 .

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