State Codes and Statutes
Statutes > Utah > Title-57 > Chapter-21 > 57-21-357-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations --Noncommercial transactions.
(1) This chapter does not apply to any single-family dwelling unit sold or rented by itsowner if:
(a) the owner is not a partnership, association, corporation, or other business entity;
(b) the owner does not own any interest in four or more single-family dwelling units heldfor sale or lease at the same time;
(c) during a 24-month period, the owner does not sell two or more single-family dwellingunits in which the owner was not residing or was not the most recent resident at the time of sale;
(d) the owner does not retain or use the facilities or services of any real estate broker orsalesperson; and
(e) the owner does not use any discriminatory housing practice under Subsection 57-21-5(2) in the sale or rental of the dwelling.
(2) This chapter does not apply to a temporary or permanent residence facility operatedby a nonprofit or charitable organization, including any dormitory operated by a public or privateeducational institution, if the discrimination is by sex or familial status for reasons of personalmodesty or privacy or in the furtherance of a religious institution's free exercise of religious rightsunder the First Amendment of the United States Constitution.
(3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a roomin the dwelling by an owner-occupant of a single-family dwelling to another person if thedwelling is designed for occupancy by four or fewer families, and the owner-occupant resides inone of the units.
(4) This chapter does not prohibit a religious organization, association, or society, or anynonprofit institution or organization operated, supervised, or controlled by or in conjunction witha religious organization, association, or society, from limiting the sale, rental, or occupancy ofdwellings it owns or operates for primarily noncommercial purposes to persons of the samereligion, or from giving preference to such persons, unless membership in the religion is restrictedby race, color, sex, or national origin.
(5) This chapter does not prohibit a private club not open to the public, includingfraternities and sororities associated with institutions of higher education, from limiting the rentalor occupancy of lodgings to members or from giving preference to its members, but only if itowns or operates the lodgings as an incident to its primary purpose and not for a commercialpurpose.
(6) This chapter does not prohibit distinctions based on inability to fulfill the terms andconditions, including financial obligations, of a lease, rental agreement, contract of purchase orsale, mortgage, trust deed, or other financing agreement.
(7) This chapter does not prohibit any nonprofit educational institution from:
(a) requiring its single students to live in housing approved, operated, or owned by theinstitution;
(b) segregating housing that the institution approves, operates, or owns on the basis of sexor familial status or both for reasons of personal modesty or privacy, or in the furtherance of areligious institution's free exercise of religious rights under the First Amendment of the UnitedStates Constitution; or
(c) otherwise assisting others in making sex-segregated housing available to students asmay be permitted by regulations implementing the federal Fair Housing Amendments Act of
1988 and Title IX of the Education Amendments of 1972.
(8) This chapter does not prohibit any reasonable local, state, or federal restrictionsregarding the maximum number of occupants permitted to occupy a dwelling.
(9) The provisions pertaining to familial status do not apply to the existence,development, sale, rental, advertisement, or financing of any apartment complex, condominium,or other housing development designated as housing for older persons, as defined by Title VIII ofthe Civil Rights Act of 1968, as amended.
Amended by Chapter 114, 1993 General Session
