Terms Used In Utah Code > Title 57 > Chapter 21 - Utah Fair Housing Act

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
• Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
• Aggrieved person: includes a person who:
       (2)(a) claims to have been injured by a discriminatory housing practice; or
       (2)(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
• Allegation: something that someone says happened.
• Amateur sports organization: means , except as provided in Subsection (2)(b):
            (2)(a)(i) a sports team;
            (2)(a)(ii) a public or private school;
            (2)(a)(iii) a public or private sports league;
            (2)(a)(iv) a public or private sports camp; or
            (2)(a)(v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Asthma action plan: means a written plan:
       (4)(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and
       (4)(b) signed by the student's:

            (4)(b)(i) parent or guardian; and

            (4)(b)(ii) health care provider. See Utah Code 26B-4-401
• Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
• Commission: means the Labor Commission. See Utah Code 57-21-2
• Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
• Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
• Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
• Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
• Contract: A legal written agreement that becomes binding when signed.
• Covered multifamily dwelling: means :
       (8)(a) a building consisting of four or more dwelling units if the building has one or more elevators; and
       (8)(b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Director: means the director of the division or a designee. See Utah Code 57-21-2
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
• Discriminate: includes segregate or separate. See Utah Code 57-21-2
• Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
• Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Dwelling: means :
       (14)(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or
       (14)(b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2
• Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
            (15)(a)(i) a parent or another person having legal custody of the one or more individuals; or
            (15)(a)(ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Health care provider: means an individual who is licensed as:
       (8)(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act;
       (8)(b) a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (8)(c) an advanced practice registered nurse under Section 58-31b-302; or
       (8)(d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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. See Utah Code 57-21-2
• Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-401
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pregnancy support services: means services that:
       (9)(a) encourage childbirth instead of voluntary termination of pregnancy; and
       (9)(b) assist pregnant women, or women who may become pregnant, to choose childbirth whether they intend to parent or select adoption for the child. See Utah Code 26B-4-301
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public school: means a district school or a charter school. See Utah Code 26B-4-401 v2
• Qualified adult: means a person who:
       (12)(a) is 18 years of age or older; and
       (12)(b)

            (12)(b)(i) for purposes of administering an epinephrine auto-injector, has successfully completed the training program established in Section 26B-4-407; and

            (12)(b)(ii) for purposes of administering stock albuterol, has successfully completed the training program established in Section 26B-4-408. See Utah Code 26B-4-401
• Qualified health care provider: means a health care provider who:
       (14)(a) is licensed under Title 58, Occupations and Professions; and
       (14)(b) may evaluate and manage a concussion within the health care provider's scope of practice. See Utah Code 26B-4-401
• Qualified stock albuterol entity: means a public or private school that employs, contracts with, or has a similar relationship with a qualified adult who is likely to have contact with another person who may experience an asthma emergency. See Utah Code 26B-4-401
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
• salesperson: means a principal broker, an associate broker, or a sales agent as those terms are defined in Section 61-2f-102. See Utah Code 57-21-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. See Utah Code 57-21-2
• Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 57-21-2
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Source of income: means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. See Utah Code 57-21-2
• Sporting event: means any of the following athletic activities that is organized, managed, or sponsored by an organization:
            (16)(a)(i) a game;
            (16)(a)(ii) a practice;
            (16)(a)(iii) a sports camp;
            (16)(a)(iv) a physical education class;
            (16)(a)(v) a competition; or
            (16)(a)(vi) a tryout. See Utah Code 26B-4-401
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Stock albuterol: means a prescription inhaled medication:
       (17)(a) used to treat asthma; and
       (17)(b) that may be delivered through a device, including:

            (17)(b)(i) an inhaler; or

            (17)(b)(ii) a nebulizer with a mouthpiece or mask. See Utah Code 26B-4-401
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Traumatic head injury: means an injury to the head arising from blunt trauma, an acceleration force, or a deceleration force, with one of the following observed or self-reported conditions attributable to the injury:
       (18)(a) transient confusion, disorientation, or impaired consciousness;
       (18)(b) dysfunction of memory;
       (18)(c) loss of consciousness; or
       (18)(d) signs of other neurological or neuropsychological dysfunction, including:

            (18)(d)(i) seizures;

            (18)(d)(ii) irritability;

            (18)(d)(iii) lethargy;

            (18)(d)(iv) vomiting;

            (18)(d)(v) headache;

            (18)(d)(vi) dizziness; or

            (18)(d)(vii) fatigue. See Utah Code 26B-4-401
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5