Chapter 4.32 - HOUSING DISCRIMINATION

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Footnotes:

--- (1) --- Editor's note— Ord. No. 2025-05, § 1(Exh. A), adopted March 12, 2025, amended chapter 4.32 in its entirety to read as herein set out. Historical notation has been retained with amended provisions for reference purposes.

4.32.010 - Purpose.#

Every individual in the City has the right to seek housing. Discriminatory housing practices are detrimental because they impede the social and economic progress of the City by preventing all of the City's citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the City's neighborhoods and businesses.

The Utah Fair Housing Act, Utah Code Section 57-21-1 et seq., addresses housing related Discrimination based on race; color; religion; sex; national origin; familial status; source of income; and disability, but does not address Discrimination based on Sexual orientation or Gender identity.

South Salt Lake City has found that Discrimination in housing on the basis of Sexual orientation and Gender identity must be addressed. The denial or deprivation of access to housing because of an individual's Sexual orientation or Gender identity is detrimental to the health, safety, and welfare of the City's citizens and damages the City's economic wellbeing. The purpose of this chapter is to provide a clear and comprehensive mandate for the prevention and elimination of Discrimination in housing in the City against individuals based upon Sexual orientation or Gender identity and this chapter shall be liberally construed to achieve that purpose.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.020 - Administration.#

The Mayor is responsible for administering and implementing this chapter.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.030 - No private right of action; no special rights.#

This chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. This chapter does not create any special rights or privileges which would not be available to all of the City's citizens because every Person has a Sexual orientation and a Gender identity.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.040 - Severability.#

If any section, sentence, paragraph, term, definition or provision of this chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.050 - Exemptions.#

This chapter does not apply to a temporary or permanent residence facility operated by a nonprofit organization; a charitable organization; or a Person in conjunction with a Religious organization, association, or society, including any dormitory operated by a public or private educational institution, if the Discrimination is based on Sexual orientation or Gender identity for reasons of personal modesty or privacy or in the furtherance of a Religious organization's sincerely held religious beliefs.

This chapter does not prohibit or restrict a Religious organization or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a Religious organization from limiting the sale, rental, or occupancy of Dwellings it owns or operates for primarily noncommercial purposes to Persons of the same religion, or from giving preference to such Persons.

This chapter does not prohibit distinctions based on a Person's inability or failure to fulfill the terms and conditions, including financial obligations, of a lease, Rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement.

This chapter does not apply to: a) the United States government, any of its departments or agencies, or any corporation wholly owned by it; or b) the government of the state of Utah or any of its departments, agencies, or political subdivisions, except for the City.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

Editor's note— Ord. No. 2025-05, § 1(Exh. A), adopted March 12, 2025, repealed the former § 4.32.050, and renumbered the former §§ 4.32.060—4.32.140 as §§ 4.32.050—4.32.130, respectively. The former § 4.32.050 pertained to definitions and derived from Ord. No. 2013-05, adopted Feb. 14, 2013.

4.32.060 - Unlawful housing practices.#

Discriminatory Housing Practices. It is a discriminatory housing practice to do any of the following:

Refuse to sell or Rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any Dwelling from any Person because of the Person's Sexual orientation or Gender identity;

Discriminate against any Person in the terms, conditions, or privileges of the sale or rental of any Dwelling or in providing facilities or services in connection with the Dwelling because of the Person's Sexual orientation or Gender identity;

Represent to any Person that any Dwelling is not available for inspection, sale, or rental when in fact the Dwelling is available;

Make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a Dwelling, that directly or indirectly expresses any preference, limitation, or Discrimination based on Sexual orientation or Gender identity, or expresses any intent to make any such preference, limitation, or Discrimination;

Induce or attempt to induce, for profit, any Person to buy, sell, or Rent any Dwelling by making representations about the entry or prospective entry into the neighborhood of Persons of a particular Sexual orientation or Gender identity;

Engage in any discriminatory housing practices because of Sexual orientation or Gender identity based upon a Person's association with another person.

Discriminatory Housing Practice by Broker or Salesperson. It is a discriminatory housing practice for a Real estate broker or salesperson to do any of the following because of a Person's Sexual orientation or Gender identity:

Discriminate against any Person in making available a Residential real estate transaction, or in the terms or conditions of the transaction, inside the City, because of a Person's Sexual orientation or Gender identity;

Deny any Person access to, or membership or participation in, any multiple listing service, Real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings inside the City or to discriminate against any Person in the terms or conditions of access, membership, or participation in the organization, service, or facility inside the City because of a Person's Sexual orientation or Gender identity; or

Engage in any discriminatory housing practices inside the city City because of Sexual orientation or Gender identity based upon a Person's association with another person.

Exceptions. This chapter does not apply to the following:

The sale or rental of any single-family Dwelling, if the owner:

Does not own an interest in or title to four or more single-family Dwellings held for lease or sale at one time located inside the City;

Has not sold two or more single-family Dwellings inside the city City in which the Owner did not reside in the Dwelling within the twenty-four-month period preceding the sale or rental of the Dwelling; and

Does not use the services or facilities of any Real estate broker, agent, or salesperson, or of any other Person in the business of selling or renting dwellings, in connection with the sale or rental of the Dwelling inside the City.

The rental of a Dwelling that is occupied or intended to be occupied by no more than four families living independently of each other, when the Owner actually maintains and occupies part of the Dwelling as a residence.

Nothing in this section prohibits conduct against a Person because of the Person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.070 - Unlawful intimidation, retaliation, and coercion.#

It is unlawful for any Person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another Person for opposing an Unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.080 - Procedures for filing complaints.#

Any Person who claims to have been injured by an unlawful housing practice may file a complaint with the City recorder. A complaint may also be filed by the Community Development Director if the City has reasonable cause to believe that a Person has committed an unlawful housing practice. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful housing practice has occurred.

A complaint must be in writing on a form provided by the City recorder, made under oath or affirmation, and contain the following information:

The Complainant's name, address, and signature;

The date the alleged unlawful housing practice occurred;

A statement of the facts upon which the allegation of an Unlawful practice is based; and

The Respondent's name and address.

Promptly after the filing of a complaint, the Housing administrator shall:

Provide the Respondent named in the complaint written notice that a complaint alleging the commission of an unlawful housing practice has been filed against the respondent;

Furnish a copy of the complaint to the respondent; and

Advise the Respondent of the Respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) days after service of notice of the complaint.

Not later than the fifteenth day after service of the notice and copy of the complaint, a Respondent may file an answer to the complaint with the Housing administrator. The answer must be in writing, made under oath or affirmation, and contain the following information:

The Respondent's name, address, telephone number, and signature of the Respondent or the Respondent's attorney, if any; and

A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.090 - Investigation.#

Upon the filing of a complaint, the Housing administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the Respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the Housing administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the Housing administrator shall dismiss the complaint, notify the Complainant and the Respondent and take no further action.

In connection with any investigation of a complaint filed under this chapter, the Housing administrator shall seek the voluntary cooperation of any Person to:

Obtain access to premises, records, documents, individuals, and any other possible source of information;

Examine, record, and copy necessary materials; and

Take and record testimony or statements of any Person reasonably necessary for the furtherance of the investigation.

The Community Development Director may request the City Attorney to issue an executive branch subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents.

The Community Development Director may dismiss a complaint during the investigation if the Housing administrator determines that:

The complaint was not filed within the required time period;

The location of the alleged unlawful housing practice is not within the City's jurisdiction;

The alleged unlawful housing practice is not a violation of this chapter;

The Complainant refuses to cooperate with the Housing administrator in the investigation of the complaint or enforcement of an executed Conciliation agreement;

The Complainant cannot be located after the Housing administrator has performed a reasonable search; or

A Conciliation agreement has been executed by the Complainant and respondent.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.100 - Conciliation.#

During or after the investigation, but subsequent to the mailing of the notice of the complaint to the Respondent, the Housing administrator shall, at the request of the Community Development Director, attempt to conciliate the complaint if it appears that the Respondent has committed an unlawful housing practice. In conciliating a complaint, the administrator shall try to achieve a just resolution and obtain assurances that the Respondent will satisfactorily remedy any violation of the Complainant's rights and take action to ensure the elimination of both present and future unlawful housing practices. A Conciliation agreement may include: sensitivity training for the Respondent and/or the Respondent's employees; the Respondent's agreement to adopt and pursue a policy of nondiscrimination in its practices; and the Respondent's agreement to not engage in discriminatory practices in the future.

A Conciliation agreement executed under this section must be in writing in a form approved by the City Attorney and must be signed and verified by the Respondent and the Complainant, subject to approval of the Community Development Director who shall indicate approval by signing the agreement.

If a Respondent voluntarily enters into a Conciliation agreement, the Community Development Director shall immediately dismiss the complaint.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.110 - Disposition of a complaint.#

If, upon completion of an investigation of a complaint, the Community Development Director determines that an unlawful housing practice has occurred and is unable to secure an acceptable Conciliation agreement from the respondent, then the Community Development Director shall refer the case to the City Attorney. The Community Development Director shall refer the entire file to the City Attorney, who shall determine how best to pursue further action, if any, on the complaint.

If the City Attorney determines that cause exists that an unlawful housing practice occurred and the facts are sufficient to warrant the initiation of an administrative action, then the City Attorney shall provide written notification to the Respondent and the Complainant that an action to enforce this chapter may be submitted to the administrative law judge. If the City Attorney determines that there is no cause that an unlawful housing practice occurred or that the facts are insufficient to warrant the initiation of an action by the administrative law judge, the City Attorney shall provide written notification to the Respondent and the Complainant and notify the Community Development Director, who shall then dismiss the complaint.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.120 - Offenses and penalties.#

A Person violates this chapter if the Person intentionally or knowingly violates a provision of this chapter or if the Person intentionally or knowingly obstructs or prevents compliance with this chapter. An offense committed under this chapter by a Respondent owning or operating twenty (20) or fewer Dwellings is punishable by a fine of not more than five hundred dollars ($500.00). An offense committed under this chapter by a Respondent owning or operating twenty-one (21) or more Dwellings or by a Real estate broker or salesperson is punishable by a fine of not more than one thousand dollars ($1,000.00).

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.32.130 - Record designation.#

Complaints, notices, Conciliation agreements and any other records created or received under this chapter are designated as private documents under Utah law. These records will contain data on individuals' Sexual orientation, Gender identity and other matters of a personal nature, rendering the public release of any such documents a clearly unwarranted invasion of personal privacy. A document filed with the administrative law judge is presumed to be public, so long as private information is redacted prior to its release.

(Ord. No. 2013-05, 2-14-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)