reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 17 - Administrative procedures.

57-19-17.
Administrative procedures.
(1) The director may summarily deny an application for registration under any of the provisions of Section 57-19-13 or 57-19-16. If a registration is denied, the applicant may, within 10 days after receipt of notice of the denial, request a hearing before an administrative law judge. The director shall schedule the hearing within 30 days after receipt of the applicant's request and give notice of the hearing in writing to the applicant, specifying the reasons for denial of the registration. If, as a result of the hearing, it is determined that the applicant is qualified to be registered, the registration shall be issued.
(2) Before an existing registration is suspended or revoked, or a fine imposed, the director shall schedule a hearing before an administrative law judge and give notice in writing to the affected person as prescribed in Title 13, Chapter 1, Department of Commerce, and the rules of procedure for hearings before the Department of Commerce. If, as a result of the hearing, the administrative law judge finds that there has been a violation of this chapter, the registration shall be suspended or revoked, or a fine imposed, by written order of the director in concurrence with the executive director.
(3) The developer or salesperson has the right to appear at the hearing, in person or by counsel, to be heard and to examine witnesses appearing in connection with the complaint. At the hearing, all witnesses shall be sworn by the administrative law judge, and stenographic notes or a tape recording of the proceeding shall be taken and filed as a part of the record in the case. Any party to the proceeding shall be furnished a copy of the stenographic notes or tape recording at a reasonable cost. The administrative law judge shall render a decision within 60 days after the completion of the hearing. The executive director and the director shall concurrently make the final decision and promptly notify the parties to the proceedings, in writing, of the ruling, order, or decision.
(4) The developer or salesperson, or any person aggrieved, may appeal any adverse ruling, order, or decision of the executive director and the director to the district court for the county in which the hearing was held, within 30 days from the date of service of notice of the ruling, order, or decision upon him. At the time of filing the notice of appeal, the appellant shall file with the notice a bond for costs on appeal in the amount of $200, conditioned to secure the payment of costs if the appeal is dismissed or the judgment affirmed.
Amended by Chapter 225, 1989 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 18 - Investigation -- Publication.

57-19-18.
Investigation -- Publication.
(1) The director may make any investigations or requests for information, within or outside of this state, that he considers necessary:
(a) to determine whether any registration under this chapter should be granted, denied, or revoked;
(b) to determine whether any person has violated or is about to violate any of the provisions of this chapter or any rule or order under this chapter; or
(c) to aid in the enforcement of this chapter.
(2) The director may publish information concerning any violation of this chapter or any rule or order under this chapter.
Enacted by Chapter 73, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 19 - Subpoenas -- Evidence.

57-19-19.
Subpoenas -- Evidence.
(1) For the purposes of any investigation or proceeding under this chapter, the director, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director considers relevant or material to the inquiry.
(2) A person who disobeys any subpoena lawfully issued by the director, or who refuses to testify to any matters regarding which he may be lawfully interrogated, is subject to the provisions of Section 78B-6-313.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 20 - Injunctive relief -- Cease and desist order.

Superseded 7/1/2024
57-19-20.
Injunctive relief -- Cease and desist order.
(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, and that it would be in the public interest to stop those acts or practices, the director may either:
(a) seek injunctive relief as provided in Rule 65A, Utah Rules of Civil Procedure; or
(b) issue an administrative cease and desist order.
(2) If an administrative cease and desist order is issued pursuant to Subsection (1), the person upon whom the order is served may, within 10 days after receiving the order, request that a hearing be held before an administrative law judge. If a request for a hearing is made, the division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. Pending the hearing, the order remains in effect.
(3) If, at the hearing, a finding is made that there has been a violation of this chapter, the director, with the concurrence of the executive director, may issue an order making the cease and desist order permanent. If no hearing is requested, and if the person fails to cease the act or practice, or after discontinuing the act or practice again commences it, the director shall file suit in the district court of the county in which the act or practice occurred, or where the person resides or carries on business, to enjoin and restrain the person from violating this chapter.
(4) Whether or not the director has issued a cease and desist order, the attorney general, in the name of the state or of the director, may bring an action in any court of competent jurisdiction to enjoin any act or practice constituting a violation of any provision of this chapter, and to enforce compliance with this chapter or any rule or order under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 20 - Injunctive relief -- Cease and desist order.

Effective 7/1/2024
57-19-20.
Injunctive relief -- Cease and desist order.
(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, and that it would be in the public interest to stop those acts or practices, the director may either:
(a) seek injunctive relief as provided in Rule 65A, Utah Rules of Civil Procedure; or
(b) issue an administrative cease and desist order.
(2) If an administrative cease and desist order is issued pursuant to Subsection (1), the person upon whom the order is served may, within 10 days after receiving the order, request that a hearing be held before an administrative law judge. If a request for a hearing is made, the division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. Pending the hearing, the order remains in effect.
(3)
(a) If, at the hearing, a finding is made that there has been a violation of this chapter, the director, with the concurrence of the executive director, may issue an order making the cease and desist order permanent.
(b) If no hearing is requested, and if the person fails to cease the act or practice, or after discontinuing the act or practice again commences the act or practice, the director shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin and restrain the person from violating this chapter.
(4)
(a) Whether or not the director has issued a cease and desist order, the attorney general, in the name of the state or of the director, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin any act or practice constituting a violation of any provision of this chapter, and to enforce compliance with this chapter or any rule or order under this chapter.
(b) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 21 - Voidable agreements.

Effective 5/10/2016
57-19-21.
Voidable agreements.
(1) Any agreement to purchase an interest in a development that violates Section 57-19-4 or 57-19-14 may, at the option of the purchaser, be voided and the purchaser's entire consideration recovered together with interest at the legal rate, costs, and reasonable attorney fees.
(2) No suit under this section may be brought more than two years after the later of:
(a) the day on which the agreement is signed; or
(b) the day on which the purchaser knew or reasonably should have known of the violation.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 23 - Prosecution.

57-19-23.
Prosecution.
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 proper prosecuting attorney, who may, in his discretion, with or without such a referral, institute the appropriate civil or criminal proceedings under this chapter.
Enacted by Chapter 73, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 24 - Violation of Consumer Sales Practice Act.

57-19-24.
Violation of Consumer Sales Practice Act.
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.
Enacted by Chapter 73, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 26 - Exemptions.

Effective 5/10/2016
57-19-26.
Exemptions.
(1) Unless entered into for the purpose of evading the provisions of this chapter, the following transactions are exempt from registration:
(a) an isolated transaction by an owner of an interest in a development or by a person holding the owner's executed power of attorney;
(b) an offer or sale by a governmental entity; and
(c) a resale of an interest that is:
(i) acquired:
(A) by the developer who initially registered the development or by the managing association of the development; and
(B) through a foreclosure, quitclaim deed, deed in lieu of foreclosure, or equivalent means;
(ii) not offered as part of a development that includes one or more interests that are unregistered or have been registered by a different developer or as part of a different development; and
(iii) closed after the developer or managing association provides a purchaser the disclosures required by Section 57-19-11 and the right to rescind required by Section 57-19-12.
(2) After a resale by a developer or managing association that is claimed to be exempt under Subsection (1)(c), the division retains jurisdiction to:
(a) investigate a complaint regarding the resale; and
(b) if applicable, take an administrative action against the developer or managing association on the basis of unprofessional conduct, as described in Section 57-19-13.
(3)
(a) The director may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or by order, exempt any person from any requirement of this chapter if the director finds that the offering of an interest in a development is essentially noncommercial.
(b) The offering of an interest in a development that has 10 or fewer interests is considered essentially noncommercial.
(c) A person who does not meet the requirements described in Subsection (3)(b), but believes that a proposed offering of more than 10 interests in a development is essentially noncommercial, may request an order of exemption from the director.
(d) To request an order of exemption under this section, a person shall submit to the director a request for agency action in accordance with Section 63G-4-201.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 20 - Local Rent Control Prohibition › Section 1 - Rent and fee control prohibition.

57-20-1.
Rent and fee control prohibition.
(1) A county, city, or town may not enact an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature.
(2) This section does not impair the right of a state agency, county, city, or town to enforce its zoning, building, and planning authority.
Amended by Chapter 365, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 2.5 - Supremacy over local regulations -- No special class created for other purposes.

Effective 5/12/2015
57-21-2.5.
Supremacy over local regulations -- No special class created for other purposes.
(1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in housing.
(2) This chapter shall not be construed to create a special or protected class for any purpose other than housing.
Enacted by Chapter 13, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 2.7 - Nonseverability.

Effective 5/12/2015
57-21-2.7.
Nonseverability.
Laws of Utah 2015, Chapter 13, is the result of the Legislature's balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held invalid in a final judgment by a court of last resort, the remainder of the enactments and amendments of Laws of Utah 2015, Chapter 13, affecting this chapter shall be thereby rendered without effect and void.
Enacted by Chapter 13, 2015 General Session
Revisor instructions Chapter 13, 2015 General Session
Revisor instructions to modify language.
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 4 - Conduct and requirements excluded -- Defenses.

57-21-4.
Conduct and requirements excluded -- Defenses.
(1) Except as provided in Subsection 57-21-5(4), this chapter does not:
(a) require any person to exercise a higher degree of care toward a person who has a disability than toward a person who does not have a disability;
(b) relieve any person of obligations generally imposed on all persons regardless of disability in a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement; or
(c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate, or accommodate a person with a disability.
(2) It is a defense to a complaint or action brought under this chapter that the complainant has a disability that, in the circumstances and even with reasonable accommodation, poses a serious threat to the health or safety of the complainant or others. The burden of proving this defense is upon the respondent.
Amended by Chapter 114, 1993 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 6 - Discriminatory housing practices regarding residential real estate-related transactions -- Discriminatory housing practices regarding the provisions of brokerage services.

Effective 5/12/2015
57-21-6.
Discriminatory housing practices regarding residential real estate-related transactions -- Discriminatory housing practices regarding the provisions of brokerage services.
(1)
(a) It is a discriminatory housing practice for a person whose business includes engaging in residential real estate-related transactions to discriminate against a person in making available a residential real estate-related transaction, or in the terms or conditions of the residential real estate-related transaction, because of race, color, religion, sex, disability, familial status, source of income, national origin, sexual orientation, or gender identity.
(b) Residential real estate-related transactions include:
(i) making or purchasing loans or providing other financial assistance:
(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(B) secured by residential real estate; or
(ii) selling, brokering, or appraising residential real property.
(2) It is a discriminatory housing practice to, because of race, color, religion, sex, disability, familial status, source of income, national origin, sexual orientation, or gender identity:
(a) deny a person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or
(b) discriminate against a person in the terms or conditions of access, membership, or participation in the organization, service, or facility.
(3) This section also applies to a discriminatory housing practice because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity based upon a person's association with another person.
Amended by Chapter 13, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 7 - Prohibited conduct -- Aiding or abetting in discriminatory actions -- Obstruction of division investigation -- Reprisals.

Effective 5/12/2015
57-21-7.
Prohibited conduct -- Aiding or abetting in discriminatory actions -- Obstruction of division investigation -- Reprisals.
(1) It is a discriminatory housing practice to do any of the following:
(a) coerce, intimidate, threaten, or interfere with a person:
(i) in the exercise or enjoyment of a right granted or protected under this chapter;
(ii) because that person exercised a right granted or protected under this chapter; or
(iii) because that person aided or encouraged any other person in the exercise or enjoyment of a right granted or protected under this chapter;
(b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this chapter;
(c) attempt to aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this chapter;
(d) obstruct or prevent a person from complying with this chapter, or any order issued under this chapter;
(e) resist, prevent, impede, or interfere with the director or a division employee or representative in the performance of duty under this chapter; or
(f) engage in a reprisal against a person because that person:
(i) opposed a practice prohibited under this chapter; or
(ii) filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
(2) This section also applies to discriminatory housing practices because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity based upon a person's association with another person.
Amended by Chapter 13, 2015 General Session
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 11 - Relief granted -- Civil penalties -- Enforcement of final order.

Superseded 7/1/2024
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
2023 Utah Code › Title 57 - Real Estate › Chapter 21 - Utah Fair Housing Act › Section 11 - Relief granted -- Civil penalties -- Enforcement of final order.

Effective 7/1/2024
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 petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, 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 401, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 22 - Utah Fit Premises Act › Section 7 - Limitation on counties and municipalities.

Effective 5/3/2023
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(10) from restricting or penalizing.
Amended by Chapter 166, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 23 - Real Estate Cooperative Marketing Act › Section 7 - Investigatory powers and proceedings of division.

Superseded 7/1/2024
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
2023 Utah Code › Title 57 - Real Estate › Chapter 23 - Real Estate Cooperative Marketing Act › Section 7 - Investigatory powers and proceedings of division.

Effective 7/1/2024
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; and
(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 petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 23 - Real Estate Cooperative Marketing Act › Section 8 - Enforcement powers of division -- Cease and desist orders.

Superseded 7/1/2024
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
2023 Utah Code › Title 57 - Real Estate › Chapter 23 - Real Estate Cooperative Marketing Act › Section 8 - Enforcement powers of division -- Cease and desist orders.

Effective 7/1/2024
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 bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter.
(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 401, 2023 General Session
2023 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
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 24 - Display of Flag › Section 101 - Definitions.

57-24-101.
Definitions.
As used in this chapter:
(1)
(a) "Flag" means a depiction or emblem:
(i)
(A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or
(B) of the state flag of Utah as provided in Section 63G-1-501;
(ii) made from fabric or cloth; and
(iii) with measurements that do not exceed three feet by five feet.
(b) "Flag" does not include a depiction or emblem made from:
(i) lights;
(ii) paint;
(iii) roofing;
(iv) siding;
(v) paving materials;
(vi) flora;
(vii) balloons; or
(viii) any other building, landscaping, or decorative component.
(2) "Resident" means:
(a) a renter as defined in Section 57-22-2;
(b) a resident as defined in Section 57-16-3; or
(c) a unit owner as defined in Section 57-8-3.
(3) "Residential property management authority" means:
(a) an owner as defined in Section 57-22-2;
(b) a mobile home park as defined in Section 57-16-3;
(c) a mobile home park residents' association established in accordance with Section 57-16-16;
(d) an association of unit owners as defined in Section 57-8-3; or
(e) a management committee as defined in Section 57-8-3.
Amended by Chapter 382, 2008 General Session