SECTION:
10.05.010: Purpose
10.05.020: Administration
10.05.030: No Private Right Of Action; No Special Rights
10.05.040: Severability
10.05.050: Definitions
10.05.060: Exemptions
10.05.070: Unlawful Housing Practices
10.05.080: Unlawful Intimidation, Retaliation, And Coercion
10.05.090: Procedures For Filing Complaints
10.05.100: Investigation
10.05.110: Conciliation
10.05.120: Disposition Of A Complaint
10.05.130: Offenses And Penalties
Every individual in the city has the right to seek housing. Discriminatory housing practices are detrimental because they impede the social and economic progress of the city by preventing all of the city's citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the city's neighborhoods and businesses.
The Utah fair housing act, Utah code section, 57-21-1 et seq., addresses housing related discrimination based on race; color; religion; sex; national origin; familial status; source of income; and disability, but does not address discrimination based on sexual orientation or gender identity.
The city has found that discrimination in housing on the basis of sexual orientation and gender identity must be addressed. The denial or deprivation of access to housing because of an individual's sexual orientation or gender identity is detrimental to the health, safety, and welfare of the city's citizens and damages the city's economic well being. The purpose of this chapter is to provide a clear and comprehensive mandate for the prevention and elimination of discrimination in housing in the city against individuals based upon sexual orientation or gender identity and this chapter shall be liberally construed to achieve that purpose. (Ord. 64-09 § 1, 2009)
This chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. This chapter does not create any special rights or privileges which would not be available to all of the city's citizens because every person has a sexual orientation and a gender identity. (Ord. 64-09 § 1, 2009)
If any section, sentence, paragraph, term, definition or provision of this chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect. (Ord. 64-09 § 1, 2009)
In this chapter:
ADMINISTRATOR: The person designated by the mayor to receive, investigate, and conciliate complaints under this chapter and includes the administrator's designated representatives.
CITY: The city of Salt Lake City, Utah.
CITY ATTORNEY: The duly appointed city attorney.
COMPLAINANT: A person, including the administrator, who files a complaint under this chapter.
CONCILIATION: The attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the administrator.
CONCILIATION AGREEMENT: A written agreement setting forth the resolution of issues by conciliation under this chapter.
DISCRIMINATION: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of a person's actual or perceived sexual orientation or gender identity or because of a person's association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person's sexual orientation or gender identity.
DWELLING: Any building or structure, or a portion of a building or structure, occupied as, or designed or intended for occupancy as, a residence of one or more families inside the city and vacant land that is offered for sale or lease for the construction or location of a dwelling inside the city.
GENDER IDENTITY: A person's actual or perceived gender identity, appearance, mannerisms, or other characteristics of a person with or without regard to the person's sex at birth.
MAYOR: The duly elected or appointed and qualified mayor of Salt Lake City.
PERSON: Includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States bankruptcy code, receivers, and fiduciaries.
REAL ESTATE BROKER OR SALESPERSON: A principal real estate broker, an associate real estate broker, or a real estate sales agent as those terms are defined in Utah code section 61-2-2 or any successor provision.
RELIGIOUS ORGANIZATION: A religious corporation, association, educational institution, society, trust, or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.
RENT: To lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
RESIDENTIAL REAL ESTATE RELATED TRANSACTION: The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate; or selling, brokering, or appraising residential real property inside the city.
RESPONDENT: A person identified in a complaint as having committed an unlawful housing practice under this chapter.
SEXUAL ORIENTATION: A person's actual or perceived orientation as heterosexual, homosexual, or bisexual.
UNLAWFUL PRACTICE: A discriminatory act or practice relating to housing that is prohibited under this chapter. (Ord. 64-09 § 1, 2009)
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