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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
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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 [
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