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2022 Utah Code
Title 57 - Real Estate
Chapter 21 - Utah Fair Housing Act
Section 9 - Procedure for an aggrieved person to file a complaint -- Conciliation -- Investigation -- Determination.
Universal Citation: UT Code § 57-21-9 (2022)
Effective 5/14/2019
57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation -- Investigation -- Determination.
Amended by Chapter 100, 2019 General Session
57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation -- Investigation -- Determination.
- (1) An aggrieved person may file a written verified complaint with the division within 180 days after the day on which an alleged discriminatory housing practice occurs.
- (2)
- (a) The commission shall adopt rules consistent with 24 C.F.R. Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
- (i) the form of the complaint;
- (ii) the form of any answer to the complaint;
- (iii) procedures for filing or amending a complaint or answer; and
- (iv) the form of notice to a party accused of the act or omission giving rise to the complaint.
- (b) The commission may, by rule, prescribe any other procedure pertaining to the division's processing of the complaint.
- (a) The commission shall adopt rules consistent with 24 C.F.R. Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
- (3) During the period beginning with the filing of the complaint and ending with the director's determination, the division shall, to the extent feasible, engage in conciliation with respect to the complaint.
- (4)
- (a) The division shall commence proceedings to investigate and conciliate a complaint alleging a discriminatory housing practice within 30 days after the day on which the complainant files the complaint.
- (b) After the commencement of an investigation, any party may request that the commission review the proceedings to ensure compliance with the requirements of this chapter.
- (5)
- (a) The division shall complete the investigation within 100 days after the day on which the complainant files the complaint, unless it is impracticable to do so.
- (b) If the division is unable to complete the investigation within 100 days after the day on which the complainant files the complaint, the division shall notify the complainant and respondent in writing of the reasons for the delay.
- (6) If, as a result of the division's investigation, the director determines that there is no reasonable cause to support an allegation in the complaint, the director shall issue a written determination dismissing the complaint.
- (7) If, as a result of the division's investigation of a complaint, the director determines that there is reasonable cause to support an allegation in the complaint:
- (a)
- (i) the division shall informally endeavor to eliminate or correct the discriminatory housing practice through a conciliation conference between the parties, presided over by the division; and
- (ii) nothing said or done in the course of a conciliation conference described in Subsection (7)(a)(i) may be made public or admitted as evidence in a subsequent proceeding under this chapter without the written consent of the parties concerned; and
- (b)
- (i) if the conciliation conference described in Subsection (7)(a) results in voluntary compliance with this chapter:
- (A) the parties shall execute a conciliation agreement, approved by the division, setting forth the resolution of the issues; and
- (B) the parties or the division may enforce the conciliation agreement in an action filed in a court of competent jurisdiction; or
- (ii) if the division is unable to obtain a conciliation agreement, the director shall issue a written determination stating the director's findings and ordering appropriate relief under Section 57-21-11.
- (i) if the conciliation conference described in Subsection (7)(a) results in voluntary compliance with this chapter:
- (a)
Amended by Chapter 100, 2019 General Session
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