Utah Code
Page 5
Amended by Chapter 200, 2024 General Session
57-21-4 Conduct and requirements excluded -- Defenses.
(1) Except as provided in Subsection 57-21-5(4), this chapter does not:
(a) require any person to exercise a higher degree of care toward a person who has a disability
than toward a person who does not have a disability;
(b) relieve any person of obligations generally imposed on all persons regardless of disability in
a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other
financing agreement; or
(c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate, or
accommodate a person with a disability.
(2) It is a defense to a complaint or action brought under this chapter that the complainant has a
disability that, in the circumstances and even with reasonable accommodation, poses a serious
threat to the health or safety of the complainant or others. The burden of proving this defense
is upon the respondent.
Amended by Chapter 114, 1993 General Session
57-21-5 Discriminatory practices enumerated -- Protected persons, classes enumerated.
(1) It is a discriminatory housing practice to do any of the following because of a person's
race, color, religion, sex, national origin, familial status, source of income, disability, sexual
orientation, or gender identity:
(a)
(i) refuse to sell or rent after the making of a bona fide offer;
(ii) refuse to negotiate for the sale or rental; or
(iii) otherwise deny or make unavailable a dwelling from any person;
(b) discriminate against a person in the terms, conditions, or privileges:
(i) of the sale or rental of a dwelling; or
(ii) in providing facilities or services in connection with the dwelling; or
(c) represent to a person that a dwelling is not available for inspection, sale, or rental when the
dwelling is available.
(2) It is a discriminatory housing practice to make a representation orally or in writing or make,
print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any
notice, statement, or advertisement, or to use any application form for the sale or rental of a
dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based
on race, color, religion, sex, national origin, familial status, source of income, disability, sexual
orientation, or gender identity, or expresses any intent to make any such preference, limitation,
or discrimination.
(3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy,
sell, or rent a dwelling by making a representation about the entry or prospective entry into the
neighborhood of persons of a particular race, color, religion, sex, national origin, familial status,
source of income, disability, sexual orientation, or gender identity.
(4) A discriminatory housing practice includes:
(a) a refusal to permit, at the expense of the person with a disability, reasonable modifications of
existing premises occupied or to be occupied by the person if the modifications are necessary
to afford that person full enjoyment of the premises, except that in the case of a rental, the
landlord, where it is reasonable to do so, may condition permission for a modification on the