What are the criteria for determining if a landlord has violated Fair Housing Law?
In Utah, landlords are prohibited from discriminating against tenants based on race, color, religion, national origin, familial status, sex, or disability. This is known as the Fair Housing Law. In order to determine if a landlord has violated this law, there are several criteria that must be taken into account. First, the landlord must be found to have engaged in an act of discrimination, which can include refusing to rent or sell a housing unit, setting different terms or conditions based on the tenant’s protected status, or providing inferior terms or conditions based on the tenant’s protected status. Second, the tenant must possess a protected status under the Fair Housing Law. This includes individuals who are a member of a racial or ethnic minority, pregnant individuals, individuals with disabilities, and families with children. Third, the landlord must have been aware of the tenant’s protected status. If the landlord was unaware of the tenant’s protected status, then they cannot be found to have violated the law. Finally, the tenant must have suffered some form of injury or harm as a result of the landlord’s discriminatory action. This includes economic harms such as being charged more for a housing unit, or emotional and psychological harms due to the landlord’s discriminatory action. If all of these criteria are met, then the landlord can be found to have violated the Fair Housing Law in Utah.
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