A municipality may only regulate a residential facility for persons with a disability to the extent allowed by:

(1)  Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;

Terms Used In Utah Code 10-9a-516

  • 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 10-9a-103
  • Jurisprudence: The study of law and the structure of the legal system.
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
(2)  the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., and applicable jurisprudence; and

(3)  Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.

Repealed and Re-enacted by Chapter 309, 2013 General Session

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