1     
FAIR HOUSING ACT OPTION AMENDMENTS

2     
2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Margaret Dayton

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House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Utah Fair Housing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that federal government assistance payments under the housing choice
13     voucher program are not part of a tenant's income;
14          ▸     provides that a landlord's refusal to participate in the program does not constitute
15     source of income discrimination under the Utah Fair Housing Act; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          57-21-4, as last amended by Laws of Utah 1993, Chapter 114
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 57-21-4 is amended to read:
27          57-21-4. Conduct and requirements excluded -- Defenses.

28          (1) Except as provided in Subsection 57-21-5(4), this chapter does not:
29          (a) require any person to exercise a higher degree of care toward a person who has a
30     disability than toward a person who does not have a disability;
31          (b) relieve any person of obligations generally imposed on all persons regardless of
32     disability in a written lease, rental agreement, contract of purchase or sale, mortgage, trust
33     deed, or other financing agreement; or
34          (c) prohibit any program, service, facility, or privilege intended to habilitate,
35     rehabilitate, or accommodate a person with a disability.
36          (2) (a) It is a defense to a complaint or action brought under this chapter that the
37     complainant has a disability that, in the circumstances and even with reasonable
38     accommodation, poses a serious threat to the health or safety of the complainant or others.
39          (b) The burden of proving [this defense] the defense described in this Subsection (2) is
40     upon the respondent.
41          (3) (a) Government assistance payments paid to a landlord under the housing choice
42     voucher program administered by the United States Department of Housing and Urban
43     Development are not part of a tenant's income for the purposes of this chapter.
44          (b) A landlord's refusal to participate in the housing choice voucher program does not
45     constitute a discriminatory housing practice under this chapter.






Legislative Review Note
Office of Legislative Research and General Counsel