reglab/housing_qa huggingface dataset:
UT Code § 57-21-8 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 21 - Utah Fair Housing Act|Section 8 - Jurisdiction -- Commission -- Division.

 Effective 5/10/2016  57-21-8. Jurisdiction -- Commission -- Division.    (1) The commission has jurisdiction over the subject of housing discrimination under this chapter and may delegate the responsibility of receiving, processing, and investigating allegations of discriminatory housing practices and enforcing this chapter to the division.     (2) The commission may:   (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules necessary to administer this chapter;     (b) appoint and prescribe the duties of investigators, legal counsel, and other employees and agents that it considers necessary for the enforcement of this chapter; and     (c) issue subpoenas to compel the attendance of witnesses or the production of evidence for use in any investigation, conference, or hearing conducted by the division, and if a person fails to comply with a subpoena, petition a court of competent jurisdiction for an order to show cause why that person should not be held in contempt.       (3) The division:   (a) may receive, reject, investigate, and determine complaints alleging discriminatory housing practices prohibited by this chapter;     (b) shall attempt conciliation between the parties through informal efforts, conference, persuasion, or other reasonable methods for the purposes of resolving the complaint;     (c) may seek prompt judicial action for appropriate temporary or preliminary relief pending final disposition of a complaint if the division and the commission conclude that an action is necessary to carry out the purposes of this chapter;     (d) may, with the commission, initiate a civil action in a court of competent jurisdiction to:   (i) enforce the rights granted or protected under this chapter;     (ii) seek injunctive or other equitable relief, including temporary restraining orders, preliminary injunctions, or permanent injunctions;     (iii) seek damages;     (iv) enforce final commission orders on the division's own behalf or on behalf of another person in order to carry out the purposes of this chapter; and     (v) enforce the terms of a conciliation agreement in the event of a breach;       (e) may initiate formal agency action under Title 63G, Chapter 4, Administrative Procedures Act; and     (f) may promote public awareness of the rights and remedies under this chapter by implementing programs to increase the awareness of landlords, real estate agents, and other citizens of their rights and responsibilities under the Utah Fair Housing Act, but may not solicit fair housing complaints or cases.      Amended by Chapter 244, 2016 General Session
UT Code § 57-21-11 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 21 - Utah Fair Housing Act|Section 11 - Relief granted -- Civil penalties -- Enforcement of final order.

57-21-11. Relief granted -- Civil penalties -- Enforcement of final order.    (1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, commissioner, Appeals Board, or court may order, as considered appropriate:   (a) the respondent to cease any discriminatory housing practice;     (b) actual damages, reasonable attorneys' fees and costs to the aggrieved person; and     (c) any permanent or temporary injunction, temporary restraining order, or other appropriate order.       (2) In addition to the relief granted to an aggrieved person under Subsection (1), in order to vindicate the public interest, the director, presiding officer, or court may also assess civil penalties against the respondent in an amount not exceeding:   (a) $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;     (b) $25,000 if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or     (c) $50,000 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this complaint.       (3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts constituting the discriminatory housing practice are committed by the same natural person who has previously been adjudged to have committed a discriminatory housing practice.     (4) The division may file a petition in a district court of competent jurisdiction for:   (a) the enforcement of a final department order; and     (b) for any appropriate temporary relief or restraining order necessary for the enforcement of a final commission order.      Amended by Chapter 375, 1997 General Session
UT Code § 57-21-13 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 21 - Utah Fair Housing Act|Section 13 - Disclosure of information.

57-21-13. Disclosure of information.    (1) Conciliation agreements and the director's determination and order are public records.     (2) Subject to Subsection (3), neither the commission nor its staff may divulge or make public information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission, except as follows:   (a) Information used by the director in making any determination may be provided to all interested parties for the purpose of preparation for and participation in the investigation and any proceedings before the commission or court.     (b) General statistical information may be disclosed provided identities of individuals or parties are not disclosed.     (c) Information may be disclosed for inspection upon proper request by the attorney general or other legal representatives of the state or commission.     (d) Information may be disclosed for information and reporting requirements of the federal government.       (3) The commission or its staff may not divulge or make public any information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission if a privacy interest entitled to protection by law exists or the commission determines that disclosure will not further the purposes of this chapter.    Amended by Chapter 375, 1997 General Session
UT Code § 57-21-14 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 21 - Utah Fair Housing Act|Section 14 - Effect of federal action.

57-21-14. Effect of federal action.  The commencement of an action in a federal court of competent jurisdiction for relief under federal law based upon any act prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding before the division or state court proceeding in connection with the same claims under this chapter.  Enacted by Chapter 114, 1993 General Session
UT Code § 57-22-1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 1 - Short title.

57-22-1. Short title.  This chapter is known as the "Utah Fit Premises Act."  Enacted by Chapter 314, 1990 General Session
UT Code § 57-22-2 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 2 - Definitions.

 Effective 5/9/2017  57-22-2. Definitions.  As used in this chapter:  (1) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A managing agent, leasing agent, or resident manager is considered an owner for purposes of notice and other communication required or allowed under this chapter unless the agent or manager specifies otherwise in writing in the rental agreement.     (2) "Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit.     (3) "Rental application" means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit.     (4) "Renter" means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others.     (5) "Residential rental unit" means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. It does not include facilities contained in a boarding or rooming house or similar facility, mobile home lot, or recreational property rented on an occasional basis.    Amended by Chapter 19, 2017 General Session
UT Code § 57-22-3 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 3 - Duties of owners and renters -- Generally.

57-22-3. Duties of owners and renters -- Generally.    (1) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water.     (2) Each renter shall cooperate in maintaining his residential rental unit in accordance with this chapter.     (3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter.     (4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties.    Enacted by Chapter 314, 1990 General Session
UT Code § 57-22-4.1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 4.1 - Failure to deliver possession of residential rental unit -- Renter's option to terminate rental agreement -- Abatement of rent.

57-22-4.1. Failure to deliver possession of residential rental unit -- Renter's option to terminate rental agreement -- Abatement of rent.    (1) If an owner fails to deliver possession of a residential rental unit on the date provided in the rental agreement:   (a) the renter may, by written notice to the owner, terminate the rental agreement; or     (b) if the renter chooses not to terminate the rental agreement, rent abates until the owner delivers possession as provided in the rental agreement.       (2) If a renter terminates a rental agreement under Subsection (1)(a), the owner shall, as promptly as reasonable, return to the renter all prepaid rent and any security deposit.    Enacted by Chapter 98, 2012 General Session
UT Code § 57-22-5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 5 - Renter's duties -- Cleanliness and sanitation -- Compliance with written agreement -- Destruction of property, interference with peaceful enjoyment prohibited.

57-22-5. Renter's duties -- Cleanliness and sanitation -- Compliance with written agreement -- Destruction of property, interference with peaceful enjoyment prohibited.    (1) Each renter shall:   (a) comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety;     (b) maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area;     (c) dispose of all garbage and other waste in a clean and safe manner;     (d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit;     (e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner;     (f) occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner;     (g) be current on all payments required by the rental agreement; and     (h) comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both.       (2) A renter may not:   (a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so;     (b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or     (c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.      Amended by Chapter 352, 2010 General Session
UT Code § 57-22-7 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 22 - Utah Fit Premises Act|Section 7 - Limitation on counties and municipalities.

57-22-7. Limitation on counties and municipalities.    (1) A county or municipality may not adopt an ordinance, resolution, or regulation that is inconsistent with this chapter.     (2)   (a) Subsection (1) may not be construed to limit the ability of a county or municipality to enforce an applicable administrative remedy with respect to a residential rental unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b).     (b) A county or municipality's enforcement of an administrative remedy may not have the effect of:   (i) modifying the time requirements of a corrective period, as defined in Section 57-22-6;     (ii) limiting or otherwise affecting a tenant's remedies under Section 57-22-6; or     (iii) modifying an owner's obligation under this chapter to a tenant relating to the habitability of a residential rental unit.         (3) A municipality with a good landlord program under Section 10-1-203.5 may not limit an owner's participation in the program or reduce program benefits to the owner because of renter or crime victim action that the owner is prohibited under Subsection 57-22-5.1(5) from restricting or penalizing.    Amended by Chapter 289, 2012 General Session
UT Code § 57-23-1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 1 - Short title.

57-23-1. Short title.  This chapter is known as the "Real Estate Cooperative Marketing Act."  Enacted by Chapter 262, 1991 General Session
UT Code § 57-23-2 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 2 - Definitions.

57-23-2. Definitions.  As used in this chapter:  (1) "Cooperative" means a form of coownership of real estate in which:   (a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity;     (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and     (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument.       (2) "Division" means the Division of Real Estate of the Department of Commerce.    Enacted by Chapter 262, 1991 General Session
UT Code § 57-23-3 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 3 - Administration by division.

57-23-3. Administration by division.  This chapter shall be administered by the Division of Real Estate.  Enacted by Chapter 262, 1991 General Session
UT Code § 57-23-4 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 4 - Exclusions.

57-23-4. Exclusions.  This chapter does not apply to:  (1) an interest in real estate regulated under Title 57, Chapter 19, Timeshare and Camp Resort Act;     (2) an offering for an interest in real estate which is regulated under:   (a)Title 61, Chapter 1, Utah Uniform Securities Act;     (b) the securities laws of any state; or     (c) federal securities laws; or       (3) a sale of manufactured housing licensed under Title 58, Chapter 56, Building Inspector and Factory Built Housing Licensing Act, unless the sale is made in conjunction with an offering or sale of a cooperative interest under this chapter.    Amended by Chapter 14, 2011 General Session
UT Code § 57-23-5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 5 - License required.

57-23-5. License required.  Except as provided by Section 61-2f-202, an individual may not offer, sell, or otherwise dispose of a cooperative interest in this state unless the individual is licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, as a principal broker, associate broker, or sales agent.  Amended by Chapter 379, 2010 General Session
UT Code § 57-23-6 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 6 - Disclosure required.

57-23-6. Disclosure required.    (1) An individual may not offer, sell, or otherwise dispose of a cooperative interest in this state without making oral and written disclosure to the prospective purchaser regarding:   (a) the actual property interest being sold;     (b) the actual right of occupancy associated with that property interest;     (c) any encumbrance to which the property interest is subject; and     (d) the terms of any financing, refinancing, prior sale, resale, or loan assumption to which the property interest is subject.       (2) The disclosure required under Subsection (1) must be made prior to signing the purchase contract, the proprietary lease, or similar documents intended by the parties to complete the sale or disposal of the cooperative interest.    Amended by Chapter 169, 1992 General Session
UT Code § 57-23-7 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 7 - Investigatory powers and proceedings of division.

57-23-7. Investigatory powers and proceedings of division.    (1) The division may:   (a) make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order made by the division under this chapter;     (b) require or permit any person to file a statement in writing, under oath or otherwise as the division determines, as to all the facts and circumstances concerning the matter to be investigated.       (2) For the purpose of any investigation or proceeding under this chapter:   (a) the division may administer oaths or affirmations; and     (b) upon its own motion or upon the request of any party, the division may:   (i) subpoena witnesses;     (ii) compel their attendance;     (iii) take evidence; and     (iv) require the production of any matter which is relevant to the investigation, including:   (A) the existence, description, nature, custody, condition and location of any books, documents, or other tangible records;     (B) the identity and location of persons having knowledge of relevant facts; or     (C) any other matter reasonably calculated to lead to the discovery of material evidence.           (3) Upon failure of any person to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected by the subpoena or information sought to be discovered under the subpoena, the division may apply to the district court for an order compelling compliance.    Enacted by Chapter 169, 1992 General Session
UT Code § 57-23-8 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 8 - Enforcement powers of division -- Cease and desist orders.

57-23-8. Enforcement powers of division -- Cease and desist orders.    (1)   (a) If the director has reason to believe that any person has been or is engaging in conduct violating this chapter, or has violated any lawful order or rule of the division, the director shall issue and serve upon the person a cease and desist order. The director may also order the person to take whatever affirmative actions the director determines to be necessary to carry out the purposes of this chapter.     (b) The person served with an order under Subsection (1)(a) may request an adjudicative proceeding within 10 days after receiving the order. The cease and desist order remains in effect pending the hearing.     (c) The division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, if the person served requests a hearing.       (2)   (a) After the hearing the director may issue a final order making the cease and desist order permanent if the director finds there has been a violation of this chapter.     (b) If no hearing is requested and the person served does not obey the director's order, the director may file suit in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter. The action shall be filed in the district court in the county in which the conduct occurred, where the person served with the cease and desist order either resides or carries on business.       (3) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-23-10.    Amended by Chapter 382, 2008 General Session
UT Code § 57-23-9 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 9 - Voidable agreements.

57-23-9. Voidable agreements.  Any agreement to purchase an interest in a real estate cooperative entered into in violation of this chapter may, at the option of the purchaser, be voided and the purchaser's entire consideration paid together with interest at the legal rate, any costs, and reasonable attorney's fees shall be recovered. However, no suit under this section may be brought more than two years after:  (1) the date the agreement is signed; or     (2) the date the purchaser knew or reasonably should have known of the violation.    Enacted by Chapter 169, 1992 General Session
UT Code § 57-23-10 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 23 - Real Estate Cooperative Marketing Act|Section 10 - Prosecution -- Penalties.

57-23-10. Prosecution -- Penalties.    (1) The director may refer any available evidence concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the appropriate prosecuting attorney, who may, in turn, institute the appropriate civil or criminal proceedings under this chapter.     (2) Any person who willfully violates any provision of this chapter is guilty of a class B misdemeanor.     (3) For purposes of applying Title 13, Chapter 11, Utah Consumer Sales Practices Act, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.     (4) The remedies provided in this chapter are cumulative and nonexclusive, and do not affect any other remedy available at law.    Enacted by Chapter 169, 1992 General Session