Utah § 57-21-6.1 - Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
Full text of Utah Utah Code § 57-21-6.1 — Discriminatory housing practices regarding real estate -- Existing real property contract provisions., with citation guidance and answers to common questions.
§ 57-21-6.1. Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
Effective 5/5/2021 57-21-6.1.
Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
(1)
As used in this section:
(a)
"Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102.
(b)
"Board" means:
(i)
a management committee as defined in Section 57-8-3; or
(ii)
the same as that term is defined in Section 57-8a-102.
(c)
"Governing documents" means the same as that term is defined in Section 57-8-3 or 57-8a-102.
(2)
Any provision in a previously recorded written instrument relating to real property that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void.
(3)
It is a discriminatory housing practice to enforce a provision described in Subsection (2).
(4)
Except as provided in Subsection (5), a person with a fee simple interest in the real property that is subject to the recorded written instrument described in Subsection (2) may record with the county recorder a modification document on the real property in the following form: "Any provision in a previously recorded written instrument that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void under Utah Code Section 57-21-6.1.".
(5)
(a)
If a written instrument described in Subsection (2) is a governing document, an association may, in accordance with this section, amend the association's governing documents to remove a provision described in Subsection (2).
(b)
(i)
If an owner believes an association's governing documents include a provision described in Subsection (2), the owner may submit a written request to remove the provision.
(ii)
Within 90 days after the day on which the board receives a written request, the board:
(A)
shall investigate a claim that the association's governing documents include a provision described in Subsection (2); and
(B)
if the board determines the association's governing documents include a provision described in Subsection (2), may remove the provision from the governing documents by amending the association's governing documents through a majority vote of the board, regardless of any contrary provision in the association's governing documents.
(c)
Any association officer may execute the amendment to remove the provision described in Subsection (2) from the governing documents.
(d)
Notwithstanding any contrary provision in the association's governing documents, an amendment under this subsection does not require approval of the association's members.
(6)
A provision in a recorded written instrument that is void under this section does not affect the validity of the remainder of the previously recorded written instrument.
(7)
An owner who records or causes to be recorded a modification document under Subsection (4) that contains modifications not authorized by this section is solely liable for the recordation.
(8)
A county recorder may not charge a fee for recording a modification document under this section.
Section 57-21-6.1 ("Discriminatory housing practices regarding real estate -- Existing real property contract provisions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 57-21-6.1?
A common citation format is "Utah Code § 57-21-6.1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 57-21-6.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
