The Antidiscrimination and Labor Division (UALD) Fair Housing Unit administers and enforces the Utah Fair Housing Act, Utah Code Ann. §57-21-101 et seq. (the Act), which prohibits discrimination on the basis of race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity. The Act specifically prohibits discrimination against anyone who wants to rent or purchase real property (houses, condos apartments, etc.) based on the listed categories. Additionally, based on a cooperative agreement with the US Department of Housing and Urban Development (HUD), a housing discrimination complaint filed with our office alleging a violation of state and federal fair housing law is automatically filed with HUD.
Find instructional videos covering various Fair Housing topics along with videos on UALD’s Fair Housing complaint process including how to file a claim and what happens once a claim has been filed, on our Fair Housing Videos page.
A general definition of housing discrimination is when a landlord refuses to rent, decides to terminate a tenancy, or otherwise treats an individual differently than another because of their race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity.On the other hand, landlords may fail or refuse to respond to requests for repairs, be unresponsive to other problems, or treat tenants poorly for reasons not based on race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity.
Although this treatment might violate other laws, UALD is only authorized to investigate housing complaints alleging housing discrimination. You may want to consult an attorney for advice on whether particular conduct violates fair housing law and, if not, what other actions are available to you.
Generally, UALD can only enforce laws that prohibit housing discrimination by:
In most situations, a complaint must be filed within 365 days of the date the discrimination occurred. UALD will investigate claims that are filed within 180 days of the discrimination. If the complaint is made between 181 days and 365 days, UALD will process your paperwork and then send your case to HUD.
It is not necessary to file a complaint with this Division in order to preserve your right to file a private lawsuit at a later date. Fair housing laws allow you to take your complaint directly to court within two years of the discriminatory act.
Once the intake questionnaire is received by UALD, an intake officer will review the form and prepare a complaint based on the information provided in the intake questionnaire. The submission of the intake questionnaire is not considered a request for agency action.
The complaint will then be sent to you for review. If the complaint meets with your approval, you will sign and verify the complaint and return it to UALD. Please note that UALD cannot take any action with respect to your claim of housing discrimination until it receives the signed and verified complaint. The Division considers the submission of the signed and verified complaint to be the request for agency action. Once the signed complaint is received by the Division, a copy will be forwarded to HUD for dual-filing if it also alleges a violation of federal law.
Please note that you cannot file the same claim with both the Division and HUD.Within 10 days of submitting the signed complaint, you and your housing provider (the Respondent) will receive a copy of the complaint. You will also be given a date for a voluntary mediation, also known as a Resolutions Conference. The Division will request that the Respondent provide a response to your complaint, and you will be asked to provide a rebuttal to their response.
You can file an intake questionnaire online through the My-LC portal. You may reach the portal by clicking the link below.
Please note that you must select the “Submit Claim for Review” button to submit your intake questionnaire. Failure to select this button will result in your intake questionnaire not being submitted.
Once the Division has received your intake questionnaire, it will be reviewed by an intake officer. If additional information is needed, the intake officer will reach out to you.
Along with your intake questionnaire, you can submit copies of relevant supporting documentation (keep your originals). Examples of relevant documentation include:
Your information will be reviewed by a Housing Intake Specialist to make sure that your complaint meets the requirements for filing with our office. You will be contacted if we need more information from you.
Based on the information you provide, an intake officer will create a formal housing discrimination complaint for your review.
You must review the complaint carefully and contact the intake officer if any corrections need to be made. If no corrections need to be made, you will sign the complaint form. Complaints are sent and signed through Adobe Sign.
Mediation is a voluntary opportunity to mediate your charge of discrimination. A mediator provided by UALD will facilitate communication between the parties and see if the complaint can be resolved before an investigation occurs. The mediation is NOT a hearing on the facts of the case, and the Mediator will NOT issue a decision on the merits of your case.
If the parties choose not to mediate, or if mediation is not successful in settling your case, it will be assigned to an investigator.
The investigator will conduct any fact-finding that is necessary to make a decision about your case.
This may include:
If you or the Respondent disagree with UALD’s decision regarding your housing discrimination complaint, you may appeal the decision by requesting a de novo review. That appeal will proceed before the Labor Commission’s Adjudication Division; however, either party may elect for the appeal to proceed in Utah District Court rather than the Adjudication Division.
You also may pursue a private civil action in State or Federal District Court. You have up to two years after the discriminatory act occurred to file in Court.
An experienced Mediator will create opportunities where dialogue and mutual respect may lead to a resolution of the dispute, before UALD proceeds with its investigation.
The mediation is NOT a hearing on the facts of the case, and the Mediator will NOT issue a decision on the merits of your case.
Early resolution of the charge has many advantages, some of which include:
If the parties are able to reach a settlement, the Division will prepare a Negotiated Settlement Agreement and the case will be closed.
Key points regarding an agreement:
If the parties fail to reach a resolution the case will be assigned for investigation.
If you or Respondent disagree with the decision by UALD with regards to your complaint of housing discrimination, both parties have the ability to seek a de novo review (appeal) of UALD’s decision. This is an appeal where the Administrative Law Judge or the Court will allow the parties to present all of the evidence “new” or without consideration of the Division’s findings.
To file an appeal you must submit your request in writing. This request must be in writing and received within 30 days of the date of UALD’s decision and sent to the Division Director at:
Utah Labor Commission
Antidiscrimination and Labor Division
160 East 300 South, Third Floor
P O Box 146630
Salt Lake City UT 84114-6630
Fax: (801) 530-7609.
Once a timely appeal is requested, the appeal will proceed before The Labor Commission’s Adjudication Division. However, after an appeal is requested, all parties are provided the option of electing for the appeal to proceed in district court. If either party elects to proceed in district court, the appeal will proceed there.
In the event that UALD finds that a discriminatory housing practice occurred and Respondent appeals that decision, the Labor Commission will provide legal representation to you for purposes of that appeal. To the extent that you disagree with UALD’s decision and you appeal that decision, the Labor Commission will not provid legal representation to you.
If the Director does not receive a timely request for review, the Determination becomes the final order of the Labor Commission and is not subject to further agency action or direct judicial review.
At any time in the UALD process, either party may request to mediate or settle the case. A mediator can assist with settlement discussions.
You may withdraw your complaint with the Division and file your case in State or Federal District Court.
Either party can obtain legal counsel or other representation at any time. The Division must have written notice of representation before it will communicate with your representative. Once it has notice of representation, it will communicate to you through your representative.
Both you and the housing provider are obligated to keep the Division informed of a current address and phone number. The Division may close your case if you cannot be located.
The parties are also required to cooperate fully with the process. The Division may close your case if you do not cooperate with the investigation.
If you need reasonable accommodations, interpreters, or assistive devices due to a disability, you must contact UALD three days before your appointment to provide adequate time to accommodate your request. If UALD does not have adequate notice, it might need to reschedule your appointment.
It is illegal for a housing provider to retaliate against a tenant because he or she has opposed any type of discriminatory treatment or because he or she has filed charges, testified, assisted or participated in any proceeding, investigation or hearing alleging discriminatory treatment protected by law.
No. Any rules which limit the rights of families with children under the age of 18 to reside together violate the Utah Fair Housing Act, Utah Code Ann. §57-21-101 et seq. and are not enforceable. Due to the Fair Housing Act and its amendments, it is unlawful to enforce any rules that discriminate on the basis of familial status. This applies to individuals undergoing adoption procedures, foster families and single parents with children.
No. A property owner cannot restrict a family with children under the age of 18 from renting apartments based upon the location of that unit. Individuals should be given an equal opportunity to choose available housing regardless of their race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity.
Neither HUD nor the Division pre-certify housing as exempt under the Housing for Older Persons exemption. New construction projects may elect this designation and must fulfill the occupancy requirements. Existing complexes must meet all of the standards before they can be so designated.
No. Under the Utah Fair Housing Act, a companion animal is not considered a pet and therefore is not covered by typical rules that allow landlords to ask for pet deposits. Additionally, even in situations where the apartment complex or condo unit does not normally allow tenants to have pets, a companion animal must be allowed to remain with the qualified person with a disability as a required accommodation.
Yes, so long as the criteria is applied consistently to all applicants regardless of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.
Assistance animals are not pets. A person with a disability uses an assistance animal as an auxiliary aid – similar to the use of a cane, crutches or wheelchair. Fair housing laws require that assistance animals be permitted despite “no pet” rules.
Assistance animals may also be known as companion animals, therapy animals, comfort animals, emotional support animals, or service animals.
If a staff member or another resident has a fear of or a minor allergy to dogs or other animals, this is not a disability, so they have no right to an accommodation.
Resident parking for leased housing/apartments – If parking is provided for residents, it is a reasonable accommodation to provide reserved accessible spaces for disabled residents. Use the standard accommodations process for accessible parking requests. If a resident has a state disabled parking permit, this is generally sufficient proof of the need for a reserved accessible parking space.
Many people who need an accessible parking space don’t need an extra-wide space with an access aisle – they often need only a regular-size parking space nearest to their front door or on the most accessible route to the front door. Discuss specific parking needs with the resident.
Even if parking spaces are not normally assigned, provide a reserved parking space to a resident with a disability.
Post a sign at the head of the parking space saying the spot is reserved, so that other people do not park there.
Strictly enforce a resident’s reserved accessible parking space, and be prompt in responding to complaints when others park there. Let vendors know these spaces are off limits.
Guest parking for leased housing/apartments – If parking is provided near the rental office or for guests, some of those spaces must be accessible.
Locate at least one accessible guest parking space near an on-site rental office, with an accessible route from the parking to the office.
Guest parking is subject to ADA Title III rules, which require that at least 2% of all guest spaces in each lot meet access requirements and be designated with appropriate signage. These spaces must be at least 96” wide and must have an adjacent access aisle at least 60” wide. An access aisle can be shared between two accessible parking spaces. At least one of these spaces must be van accessible, with a 96” access aisle.
Strictly enforce accessible guest parking spaces, and be prompt in responding to complaints when others park there. Let vendors know these spaces are off limits.
HOA’s – Sometimes a governing board or owners group has only limited control over parking spaces. Boards should assist within their means to the person seeking a parking accommodation. If another resident owns the desired space, the two owners can negotiate a swap. However, owners are not required to give up or swap a parking spot that has been deeded to them.
The duty to accommodate arises when the housing provider has knowledge that a disability exists and that an accommodation or modification is required for the disabled person to use and enjoy the housing. Here are key points:
Housing providers should evaluate each request on a case-by-case basis, in a timely and professional manner, and document interactions with the resident. A housing provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a request may be considered to be a failure to provide a reasonable accommodation.
An accommodation or modification is reasonable if:
Undue burden – The request must not impose an undue financial and administrative burden on the housing provider. The determination of undue financial and administrative burden must be made on a case-by-case basis and involves involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs. [Example: An applicant who uses a walker prefers a third-story rental in an older walk-up building – the housing provider does not have to install an elevator if such a modification is cost-prohibitive.]
Fundamental alteration – The requested accommodation or modification must not require the housing provider to make a fundamental alteration in the essential nature of the provider’s operations. [Example: A resident with a disability cannot do his own housekeeping and the housing provider does not supply housekeeping for residents. A request for such services is not reasonable.]
Refusing a request – When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether an alternative accommodation would effectively address the person’s disability-related needs. If an alternative accommodation would effectively meet the person’s needs and is reasonable, the provider must grant it. A failure to reach an agreement on an accommodation request is in effect a decision by the housing provider not to grant the requested accommodation. Someone who was denied an accommodation may file a fair housing complaint to challenge that decision.
Direct threat – Fair housing laws do not require a housing provider to provide an accommodation or modification for a person with a disability whose tenancy constitutes a direct threat to the health or safety of others, or would result in substantial physical damage to the property of others, unless the threat can be eliminated or significantly reduced by a reasonable accommodation or modification.
To establish direct threat, a housing provider needs recent, objective evidence of behavior that puts others at risk of harm. Even where there is direct threat or prior substantial property damage, a housing provider may still have a duty to accommodate during the eviction process if there is information that the threat has subsided. The housing provider has a duty to consider the reasonable accommodation before taking action.
It is illegal for a housing provider to retaliate against a tenant because he or she has opposed any type of discriminatory treatment or because he or she has filed charges, testified, assisted or participated in any proceeding, investigation or hearing alleging discriminatory treatment protected by law.
