Second Substitute S.B. 212

Senator L. Steven Poulton proposes to substitute the following bill:

1 FAIR HOUSING AMENDMENT
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Steven Poulton
5 AN ACT RELATING TO THE UTAH FAIR HOUSING ACT; MOVING THE SUBPOENA
6 POWER FROM THE DIVISION OF ANTIDISCRIMINATION TO THE LABOR
7 COMMISSION; REQUIRING THE LABOR COMMISSION TO CONCUR WITH CERTAIN
8 DETERMINATIONS OF THE DIVISION; GRANTING THE RESPONDENT THE RIGHT TO
9 AN INDEPENDENT LEGAL REVIEW BY THE LABOR COMMISSION; AND MAKING
10 TECHNICAL CHANGES.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 57-21-8, as last amended by Chapter 375, Laws of Utah 1997
14 57-21-9, as last amended by Chapter 375, Laws of Utah 1997
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 57-21-8 is amended to read:
17 57-21-8. Jurisdiction -- Department -- Division.
18 (1) The commission has jurisdiction over the subject of housing discrimination under this
19 chapter and may delegate the responsibility of receiving, processing, and investigating allegations
20 of discriminatory housing practices and enforcing this chapter to the division.
21 (2) The commission may:
22 (a) adopt rules necessary to administer this chapter in accordance with Title 63, Chapter
23 46a, Utah Administrative Rulemaking Act; [and]
24 (b) appoint and prescribe the duties of investigators, legal counsel, and other employees
25 and agents that it considers necessary for the enforcement of this chapter[.]; and

26 (c) issue subpoenas to compel the attendance of witnesses or the production of evidence
27 for use in any investigation, conference, or hearing conducted by the division, and if a person fails
28 to comply with such a subpoena, petition a court of competent jurisdiction for an order to show
29 cause why that person should not be held in contempt.
30 (3) The division [may]:
31 (a) may receive, reject, investigate, and determine complaints alleging discriminatory
32 housing practices prohibited by this chapter;
33 [(b) issue subpoenas to compel the attendance of witnesses or the production of evidence
34 for use in any investigation, conference, or hearing conducted by the division, and if a person fails
35 to comply with such a subpoena, petition a court of competent jurisdiction for an order to show
36 cause why that person should not be held in contempt;]
37 [(c)] (b) shall attempt conciliation between the parties through informal efforts,
38 conference, persuasion, or other reasonable methods for the purposes of resolving the complaint;
39 [(d)] (c) may seek prompt judicial action for appropriate temporary or preliminary relief
40 pending final disposition of a complaint if the division [concludes] and the commission conclude
41 that such an action is necessary to carry out the purposes of this chapter;
42 [(e)] (d) may, with the commission, initiate a civil action in a court of competent
43 jurisdiction to:
44 (i) enforce the rights granted or protected under this chapter;
45 (ii) seek injunctive or other equitable relief, including temporary restraining orders,
46 preliminary injunctions, or permanent injunctions;
47 (iii) seek damages; and
48 (iv) enforce final commission orders on the division's own behalf or on behalf of another
49 person in order to carry out the purposes of this chapter;
50 [(f)] (e) may initiate formal agency action under Title 63, Chapter 46b, Administrative
51 Procedures Act; and
52 [(g)] (f) may promote public awareness of the rights and remedies under this chapter by
53 implementing programs to increase the awareness of landlords, real estate agents, and other
54 citizens of their rights and responsibilities under the Utah Fair Housing Act, but may not solicit
55 fair housing complaints or cases.
56 Section 2. Section 57-21-9 is amended to read:

57 57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation --
58 Investigation -- Determination.
59 (1) Any person aggrieved by a discriminatory housing practice may file a written verified
60 complaint with the division within 180 days after the alleged discriminatory housing practice
61 occurs.
62 (2) (a) The commission shall adopt rules consistent with the provisions of 24 C.F.R. Sec.
63 115.3 (1990), relating to procedures under related federal law, to govern:
64 (i) the form of the complaint;
65 (ii) the form of any answer to the complaint;
66 (iii) procedures for filing or amending a complaint or answer; and
67 (iv) the form of notice to parties accused of the acts or omissions giving rise to the
68 complaint.
69 (b) The commission may, by rule, prescribe any other procedure pertaining to the division's
70 processing of the complaint.
71 (3) During the period beginning with the filing of the complaint and ending with the
72 director's determination and order, the division shall, to the extent feasible, engage in conciliation
73 with respect to the complaint.
74 (4) The division shall commence proceedings to investigate and conciliate a complaint
75 alleging a discriminatory housing practice within 30 days after the filing of the complaint. After
76 the commencement of an investigation, any party may request that the commission review the
77 proceedings to insure compliance with the requirements of this chapter.
78 (5) The division shall complete the investigation within 100 days after the filing of the
79 complaint, unless it is impracticable to do so. If the division is unable to complete the
80 investigation within 100 days after the filing of the complaint, the division shall notify the
81 complainant and respondent in writing of the reasons for the delay.
82 (6) If the division determines that there is no reasonable cause to support the allegations
83 in the complaint:
84 (a) the director or the director's designee shall issue a written determination and order for
85 the dismissal of the complainant and respondent; and
86 (b) the complainant, respondent, or an aggrieved party may submit a written request for
87 a reconsideration of the director's or designee's determination and order within 20 days after the

88 date of issuance of the director's determination and order pursuant to Section 63-46b-13 . The
89 decision of the Division of Adjudication may be appealed in accordance with Title 34A, Chapter
90 1, Part 3, Adjudicative Proceedings.
91 (7) If the director or designee fails to receive a timely request for review under Subsection
92 (6)(b), the determination and order become the final order of the commission.
93 (8) If the division determines that there is reasonable cause to support the allegations in
94 the complaint, all of the following apply:
95 (a) The division shall informally endeavor to eliminate or correct the discriminatory
96 housing practice through a conciliation conference between the parties, presided over by the
97 division. Nothing said or done in the course of the conciliation conference may be made public
98 or admitted as evidence in a subsequent proceeding under this chapter without the written consent
99 of the parties concerned.
100 (b) If the conciliation conference results in voluntary compliance with this chapter, a
101 conciliation agreement setting forth the resolution of the issues shall be executed by the parties and
102 approved by the division. The parties may enforce the conciliation agreement in an action filed
103 in a court of competent jurisdiction.
104 (c) If the division is unable to obtain a conciliation agreement, the director shall issue a
105 written determination and order to the complainant and respondent stating the findings of the
106 division that the allegations of the complaint are supported by reasonable cause and ordering any
107 appropriate relief under Section 57-21-11 .