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2022 Utah Code
Title 62A - Utah Human Services Code
Chapter 5b - Rights and Privileges of an Individual with a Disability
Section 104 - Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability.
Universal Citation: UT Code § 62A-5b-104 (2022)
Effective 5/14/2019
62A-5b-104. Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability.
Amended by Chapter 190, 2019 General Session
62A-5b-104. Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability.
- (1)
- (a) An individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
- (i) in any of the places specified in Section 62A-5b-103; and
- (ii) without additional charge for the service animal.
- (b) An owner or lessor of private housing accommodations:
- (i) may not, in any manner, discriminate against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for a service animal or a support animal; and
- (ii) may recover a reasonable cost to repair damage caused by a service animal or a support animal.
- (a) An individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
- (2) An individual who is not an individual with a disability has the right to be accompanied by an animal that is in training to become a service animal or a police service canine, as defined in Section 53-16-102:
- (a) in any of the places specified in Section 62A-5b-103; and
- (b) without additional charge for the animal.
- (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the individual's accompanying service animal, support animal, or animal described in Subsection (2) causes or inflicts to the premises of a place specified in Section 62A-5b-103.
- (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a service animal or a support animal from a place described in Section 62A-5b-103.
Amended by Chapter 190, 2019 General Session
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