Fair Housing

The Utah Fair Housing Act does not limit the maximum number of occupants permitted to occupy a dwelling. Limitations on the number of children under 18 allowed in a dwelling are in violation of the Fair Housing Act. Current federal fair housing regulations presume that an occupancy standard is acceptable if it is no more restrictive than two persons per bedroom. When assessing the “reasonable” standard, elements that need to be considered are the size of the room, fire and health codes and any other applicable city regulations. For questions and clarification, contact the Fair Housing Unit of the Utah Antidiscrimination and Labor Division of the Utah Labor Commission.

No. A property owner/manager cannot set a higher deposit for families with children under the age of 18. Any required deposits must be consistent with what would be imposed if the apartment were rented to persons without children under the age of 18.

No. Unless a complex has qualified as Housing for Older Persons, this statement would clearly indicate a preference for families without children. Statements that indicate a discriminatory limitation or preference based upon a person’s race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity are in violation of the Utah Fair Housing Act. In addition to liability for the person who places the ad, the newspaper or other publication may also be held liable for placing the discriminatory advertisement.

No. A property owner must give an individual an opportunity to rent an available unit regardless of that person’s disability. A person should be able to seek housing and choose where they want to live without restrictions based upon that individual’s race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity.

Yes. A property owner/manager may legitimately ask an applicant for verification of credit history, so long as this criterion is applied to all applicants regardless of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.

Good business practices, including record keeping and consistency in application of qualification criteria, community rules, and regulations are a good start to keeping people from filing complaints. Education, awareness, and commitment to abiding by the law are also an essential element of prevention. The purpose of the Fair Housing Act is to provide everyone an equal opportunity to obtain housing. The Fair Housing Laws require that all persons have a right to seek housing based upon their qualifications without regard to their race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.

When an applicant or resident who has a disability requests to live with an assistance animal, follow the usual accommodation process. It is a reasonable accommodation to allow residents to live with assistance animals that meet their disability-related needs.

Owners of assistance animals should not be charged pet deposits or fees. General cleaning or damage deposits can be charged, if all residents are similarly charged. A resident with an assistance animal is liable for any damage the animal causes.

While the most common assistance animals are dogs, they may be other species, such as cats, monkeys, birds or other animals.

Assistance animals may be any breed, size or weight. Do not apply pet size or weight limitations to assistance animals.

Assistance animals need no special licenses or visible identification. Some owners of assistance animals choose to put special collars or harnesses on their animals. If city or county laws require pet licenses for dogs and cats, rental management can require assistance dogs or cats to be licensed. In some cases, such licenses are free or discounted for assistance animals. [Note: If management does not require licenses for all pet dogs and cats, then licenses cannot be required for dogs or cats that are assistance animals.]

Assistance animals need no “certification”. There are no state or national standards for certifying assistance animals, and no government agencies provide certification.

A person may train his or her own assistance animal.

Because assistance animals provide different types of assistance, in some cases a person with a disability may require more than one assistance animal.

The assistance animal’s owner is responsible for the animal’s care, should observe leash laws, properly dispose of animal waste, and ensure the animal behaves around others and does not break tenancy rules (such as noise rules). To the extent that the animal’s owner does not keep their animal under control, fails to clean up after them, or breaks other tenancy rules, the housing provider/HOA board may impose fines on them, so long as they would impose similar fines for similar violations by non-disabled tenants. [For example, do not impose a noise violation fine for a barking dog if you would not also impose a noise violation fine for a loud party.]

Yes. Whether to request documentation and what documentation to request depends on how obvious the person’s disability is and how obvious the connection is between the disability and the requested assistance animal.

If the person’s disability is obvious, or otherwise known, and the need for the accommodation is also clear. A housing provider may not request information about the person’s disability or the need for the accommodation. [Example: An obviously blind applicant asks to keep a service animal – no verification of the disability or the need is necessary.]

If the disability is known, but the need for the accommodation is not readily apparent or known, a housing provider may request only information necessary to evaluate the disability-related need for the accommodation. [Example: Management knows a resident has seizures. The resident wants to get an assistance dog – request that he document the disability-related need for the dog.]

If neither the disability nor the need is clear, a housing provider may ask for proof of both. [Example: Someone with no obvious disability asks for an assistance cat to help cope with their clinical depression – a housing provider may request that he document both that he has a disability and his disability-related need for the cat.]

HUD and the U.S. Department of Justice have indicated that the documentation that can be requested is a letter of verification from a doctor or other health care provider who, in their professional capacity, has knowledge about the person’s disability and the need for reasonable accommodation. Do not ask for specific information about the disability or for medical records.

Fair housing laws require similar treatment for all applicants and residents. However, these laws also require reasonable accommodations and reasonable modifications for people with disabilities.

A reasonable accommodation is a change made to a policy, program or service that allows a person with a disability to use and enjoy a dwelling, including public and common use areas. Examples include:

• providing rental forms in large print
• providing a reserved accessible parking space near a resident’s rental
• allowing a resident to have an assistance animal in a “no pets” building
• Permitting a resident who has developed mobility limitations to move to the ground floor.

A reasonable modification is a physical change made to a resident’s living space or to the common areas of a community, which is necessary to enable a resident with a disability to have full enjoyment of the housing. Examples include:

• adding bathroom grab bars
• lowering closet rods
• installation of a ramp

Whether to request documentation and what documentation to request depends on how obvious the person’s disability is and whether there is a connection between the disability and the requested accommodation or modification.

• If the person’s disability is obvious, or otherwise known, and the need for the accommodation is also clear, do not request information about the person’s disability or the need for the accommodation. [Example: An obviously seeing impaired applicant asks for rental documents in large print – no verification of the disability or the need is necessary.]
• If the disability is known, but the need for the accommodation is not readily apparent or known, request only information necessary to evaluate the disability-related need for the accommodation. [Example: Management knows a resident has seizures. The resident wants to get an assistance dog – management may only request that he document the disability-related need for the dog.]
• If neither the disability nor the need is clear, a housing provider may ask for proof of both. [Example: Someone with no obvious disability asks for an accessible parking space – request that he document both that he has a disability and his disability-related need for the parking.]

HUD and the U.S. Department of Justice have indicated that the documentation that can be requested is a letter of verification from a medical professional, or other qualified third party who, in their professional capacity, has knowledge about the person’s disability and the need for reasonable accommodation. Do not ask for specific information about the disability or for medical records!

Yes, but only where fitness equipment may not be safe for small children. When setting age limits, it is helpful to look at industry standards, because there are no state or federal laws that state the age of people who can safely use weight training equipment. Fitness centers managed by local governments and private businesses allow some children under age 18 to use weight training equipment. Many fitness centers permit children aged 15-17 to use fitness equipment without adult supervision, some require adult supervision for 13-15 year old children, and few allow anyone under 13 to use their facilities. Equipment manufacturers’ height and weight recommendations may also provide reasonable guidance. If the community’s fitness room rules are in the range of these age guidelines, fair housing laws will likely consider them reasonable.

Remember, there is a difference between rules for equipment use and rules for who can enter the room. Children should be permitted to accompany their parents or a responsible adult, so long as they don’t touch the equipment or cause disturbances for others. [Examples: A dad works out while his 5 year old sits quietly to the side with a coloring book. A mom works out while her baby sleeps in a carrier nearby.]