Utah Code 57-21-11. Relief granted — Civil penalties — Enforcement of final order
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(1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, commissioner, Appeals Board, or court may order, as considered appropriate:
Terms Used In Utah Code 57-21-11
- 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
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the division or a designee. 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
- 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.
- 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
- 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.
- Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
- 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.
(1)(a) the respondent to cease any discriminatory housing practice;(1)(b) actual damages, reasonable attorneys’ fees and costs to the aggrieved person; and(1)(c) any permanent or temporary injunction, temporary restraining order, or other appropriate order.
(2) In addition to the relief granted to an aggrieved person under Subsection (1), in order to vindicate the public interest, the director, presiding officer, or court may also assess civil penalties against the respondent in an amount not exceeding:
(2)(a) $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;
(2)(b) $25,000 if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or
(2)(c) $50,000 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this complaint.
(3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts constituting the discriminatory housing practice are committed by the same natural person who has previously been adjudged to have committed a discriminatory housing practice.
(4) The division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for:
(4)(a) the enforcement of a final department order; and
(4)(b) for any appropriate temporary relief or restraining order necessary for the enforcement of a final commission order.