Utah Code 57-21-4. Conduct and requirements excluded — Defenses
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(1) Except as provided in Subsection 57-21-5(4) , this chapter does not:
Terms Used In Utah Code 57-21-4
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
(1)(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;
(1)(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
(1)(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.