57-21-5. Discriminatory practices enumerated -- Protected individuals, classes enumerated.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)It is a discriminatory housing practice to do any of the following because of an individual's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity:

(i)refuse to sell or rent after the making of a bona fide offer;

(ii)refuse to negotiate for the sale or rental; or

(iii)otherwise deny or make unavailable a dwelling from any person;

(b)discriminate against an individual in the terms, conditions, or privileges:

(i)of the sale or rental of a dwelling; or

(ii)in providing facilities or services in connection with the dwelling; or

(c)represent to an individual that a dwelling is not available for inspection, sale, or rental when the dwelling is available.

(2)It is a discriminatory housing practice to make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly 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, or expresses an intent to make such a preference, limitation, or discrimination.

(3)It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy, sell, or rent a dwelling by making a representation about the entry or prospective entry into the neighborhood of individuals of a particular race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.

(4)A discriminatory housing practice includes:

(a)a refusal to permit, at the expense of the individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications are necessary to afford that individual full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises, when reasonable, to the condition that existed before the modification, reasonable wear and tear excepted; and

(b)a refusal to make a reasonable accommodation in a rule, policy, practice, or service when the accommodation may be necessary to afford the individual equal opportunity to use and enjoy a dwelling.

(5)For the design and construction of a covered multifamily dwelling for first occupancy after March 13, 1991, a discriminatory housing practice includes the failure to design and construct the covered multifamily dwelling in a manner that has at least one building entrance on an accessible route, unless it is impracticable to have one because of the terrain or unusual characteristics of the site, and for a covered multifamily dwelling with a building entrance on an accessible route:

(a)the public use and common use portions of the covered multifamily dwelling are readily accessible to and usable by an individual with a disability;

(b)all the doors designed to allow passage into and within the covered multifamily dwellings are sufficiently wide to allow passage by an individual with a disability who is in a wheelchair; and

(c)all premises within the covered multifamily dwellings contain the following features of adaptive design:

(i)an accessible route into and through the covered multifamily dwelling;

(ii)light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii)reinforcements in the bathroom walls to allow later installation of grab bars; and

(iv)kitchens and bathrooms such that an individual in a wheelchair can maneuver about and use the space.

(a)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 an individual's association with another individual.

(i)It is not unlawful discrimination under this chapter for a landlord, lessor, or property manager to:

(A)designate housing as single-sex housing; and

(B)limit occupancy of single-sex housing to individuals whose biological sex at birth matches the designated sex for the single-sex housing.

(ii)Subsection (6)(b)(i) applies to:

(A)a dormitory, a boarding house, a shared rental property, or other group-living accommodation; and

(B)a private landlord and a property owner.

(iii)This exemption does not apply to:

(A)housing that the state or a political subdivision owns or operates unless otherwise expressly provided by law; or

(B)housing where the designation as single-sex housing would violate federal law or a condition of federal funding.

Amended by Chapter 315 , 2026 General Session