(1)  In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory housing practice occurred, within two years after the termination of an alleged discriminatory housing practice, or within two years after a breach of a conciliation agreement. The division shall inform the aggrieved person in writing about this option within 30 days after the aggrieved person files a complaint under Section 57-21-9.

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Terms Used In Utah Code 57-21-12

(a) claims to have been injured by a discriminatory housing practice; or
(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
  • 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.
  • Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
  • Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Writing: includes :Utah Code 68-3-12.5
    • (2) 

    (a)  Except as provided in Subsection (2)(b), the computation of this two-year time period does not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint filed under this chapter.

    (b)  The tolling of the two-year time period does not apply to actions arising from a breach of a conciliation agreement.

    (3)  An aggrieved person may commence a private civil action even though a complaint has been filed with the division, in which case the division is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter after:

    (a)  the beginning of a civil action brought by a complainant or aggrieved person; or

    (b)  the parties have reached an agreement in settlement of claims arising from the complaint.

    (4)  An aggrieved person may not file a private civil action under this section if:

    (a)  the division has obtained a conciliation agreement, except for the purpose of enforcing the terms of the conciliation agreement; or

    (b)  a formal adjudicative hearing has been commenced under Section 57-21-10 regarding the same complaint.

    (5)  Upon written application by a person alleging a discriminatory housing practice prohibited under this chapter in a private civil action, or by a person against whom the violations are alleged, the court may:

    (a)  appoint an attorney for the applicant; and

    (b)  authorize the commencement or continuation of a private civil action without the payment of fees, costs, or security if, in the opinion of the court, the applicant is financially unable to bear the costs of the civil action.

    (6)  Upon timely application, the division may intervene in a private civil action brought under this subsection if the division certifies that the case is of general importance.

    (7)  In a private civil action, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may:

    (a)  order the respondent to cease any discriminatory housing practice;

    (b)  award to the plaintiff actual damages, punitive damages, and reasonable attorney fees and costs; and

    (c)  grant, as the court considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order as may be appropriate, including civil penalties under Section 57-21-11.

    (8)  This chapter does not preclude any private right of action by an aggrieved person based on otherwise applicable law not included in this chapter.

    Amended by Chapter 13, 2015 General Session

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