Loading...
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sentence, paragraph, term, definition or provision of this chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such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)
This chapter does not apply to a temporary or permanent residence facility operated by a nonprofit organization; a charitable organization; or a person in conjunction with a religious organization, association, or society, including any dormitory operated by a public or private educational institution, if the discrimination is based on sexual orientation or gender identity for reasons of personal modesty or privacy or in the furtherance of a religious organization's sincerely held religious beliefs.
This chapter does not prohibit or restrict a religious organization or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from limiting the sale, rental, or occupancy of dwellings it owns or operates for primarily noncommercial purposes to persons of the same religion, or from giving preference to such persons.
This chapter does not prohibit distinctions based on a person's inability or failure to fulfill the terms and conditions, including financial obligations, of a lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement.
This chapter does not apply to: a) the United States government, any of its departments or agencies, or any corporation wholly owned by it; or b) the government of the state of Utah or any of its departments, agencies, or political subdivisions, except for the city. (Ord. 64-09 § 1, 2009)
A. Discriminatory Housing Practices: It is a discriminatory housing practice to do any of the following:
1. Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any dwelling from any person because of the person's sexual orientation or gender identity;
2. Discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in providing facilities or services in connection with the dwelling because of the person's sexual orientation or gender identity;
3. Represent to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available;
4. 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 sexual orientation or gender identity, or expresses any intent to make any such preference, limitation, or discrimination;
5. To induce or attempt to induce, for profit, any person to buy, sell, or rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular sexual orientation or gender identity;
6. Engage in any discriminatory housing practices because of sexual orientation or gender identity based upon a person's association with another person.
B. Discriminatory Housing Practice By Broker Or Salesperson: It is a discriminatory housing practice for a real estate broker or salesperson to do any of the following because of a person's sexual orientation or gender identity:
1. To discriminate against any person in making available a residential real estate transaction, or in the terms or conditions of the transaction, inside the city, because of a person's sexual orientation or gender identity;
2. To deny any person access to, or membership or participation in, any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings inside the city or to discriminate against any person in the terms or conditions of access, membership, or participation in the organization, service, or facility inside the city because of a person's sexual orientation or gender identity; or
3. Engage in any discriminatory housing practices inside the city because of sexual orientation or gender identity based upon a person's association with another person.
C. Exceptions: This chapter does not apply to the following:
1. The sale or rental of any single-family dwelling, if the owner:
a. Does not own an interest in or title to four (4) or more single-family dwellings held for lease or sale at one time located inside the city;
b. Has not sold two (2) or more single-family dwellings inside the city in which the owner did not reside in the dwelling within the twenty four (24) month period preceding the sale or rental of the dwelling; and
c. Does not use the services or facilities of any real estate broker, agent, or salesperson, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling inside the city.
2. The rental of a dwelling that is occupied or intended to be occupied by no more than four (4) families living independently of each other, when the owner actually maintains and occupies part of the dwelling as a residence.
3. Nothing in this section prohibits conduct against a person because of the person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law. (Ord. 64-09 § 1, 2009)
It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter. (Ord. 64-09 § 1, 2009)
A. Any person who claims to have been injured by an unlawful housing practice may file a complaint with the administrator. A complaint may also be filed by the administrator if the administrator has reasonable cause to believe that a person has committed an unlawful housing practice. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful housing practice has occurred.
B. A complaint must be in writing on a form provided by the administrator, made under oath or affirmation, and contain the following information:
1. The complainant's name, address, and signature;
2. The date the alleged unlawful housing practice occurred;
3. A statement of the facts upon which the allegation of an unlawful practice is based; and
4. The respondent's name and address.
C. Promptly after the filing of a complaint, the administrator shall:
1. Provide the respondent named in the complaint written notice that a complaint alleging the commission of an unlawful housing practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) days after service of notice of the complaint.
D. Not later than the fifteenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:
1. The respondent's name, address, telephone number, and signature of the respondent or the respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (Ord. 64-09 § 1, 2009)
A. Upon the filing of a complaint, the administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the administrator shall dismiss the complaint, notify the complainant and the respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The administrator may request the city recorder to issue an executive branch subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents pursuant to title 2, chapter 2.59 of this code. For purposes of subsection 2.59.020A of this code, the administrator shall be deemed the mayor's designee.
D. The administrator may dismiss a complaint during the investigation and prior to referral to the city attorney if the administrator determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful housing practice is not within the city's jurisdiction;
3. The alleged unlawful housing practice is not a violation of this chapter;
4. The complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
5. The complainant cannot be located after the administrator has performed a reasonable search; or
6. A conciliation agreement has been executed by the complainant and respondent. (Ord. 64-09 § 1, 2009)
Loading...