Fair Housing Act Complaint - Utah

UTAH FAIR HOUSING ACT COMPLAINT

1. CAPTION

IN THE [____________________] JUDICIAL DISTRICT COURT, [____________________] COUNTY, STATE OF UTAH

Civil No. [____________________]

Judge [____________________]

COMPLAINT AND JURY DEMAND

1. Violation of the Utah Fair Housing Act (Utah Code § 57-21-1 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Utah Code § 57-21-5.1; 42 U.S.C. § 3604(f)). [if disability is at issue]

Tier [II / III] Claim

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Utah, and a "person aggrieved" by a discriminatory housing practice under Utah Code § 57-21-2.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of Utah Code § 57-21-2.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this private civil action under Utah Code § 57-21-12, which authorizes an aggrieved person to commence an action in a court of competent jurisdiction.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [____________________] County under Utah Code § 78B-3-307 because the Property is located in this County and the discriminatory acts occurred here.

3.4. Timeliness. This action is filed within two (2) years after the alleged discriminatory housing practice occurred or terminated (or within two years after a breach of a conciliation agreement), as required by Utah Code § 57-21-12(1), excluding any period during which a UALD administrative proceeding was pending (§ 57-21-12(2)).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the Utah Fair Housing Act. Utah Code § 57-21-5 prohibits housing discrimination because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., source of income (Housing Choice Voucher/Section 8), sexual orientation, gender identity, disability (________), familial status, race (________)].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent after a bona fide offer, refusal to negotiate, or otherwise denying or making a dwelling unavailable (Utah Code § 57-21-5(1)(a))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 57-21-5(1)(b))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (§ 57-21-5(1)(c))
☐ Discriminatory notice, statement, advertisement, or application form indicating a preference, limitation, or discrimination (§ 57-21-5(2))
☐ Blockbusting / inducing a sale or rental for profit by neighborhood-composition representations (§ 57-21-5(3))
☐ Steering
☐ Refusal to permit a reasonable modification of the premises (disability) (§ 57-21-5.1)
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (§ 57-21-5.1)
☐ Harassment or creation of a hostile housing environment
☐ Interference, coercion, intimidation, or retaliation against a person who exercised fair-housing rights
☐ Source-of-income discrimination — refusing a Housing Choice Voucher/Section 8 or other lawful subsidy (§ 57-21-5)
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/emotional-support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — UTAH FAIR HOUSING ACT (Utah Code § 57-21-1 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by Utah Code § 57-21-5 (and § 57-21-5.1 as to disability accommodation/modification) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact cognizable under the UFHA and the federal FHA).

5.4. Plaintiff is entitled to the relief authorized by Utah Code §§ 57-21-11 and 57-21-12, including actual damages, injunctive relief, and reasonable attorney's fees and costs, and — to the extent available in a private action — punitive damages.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex (including sexual orientation or gender identity) / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under Utah Code § 57-21-2 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of Utah Code § 57-21-5.1 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with malice or reckless indifference to Plaintiff's rights, warranting punitive damages under Utah Code § 78B-8-201 (state count) and 42 U.S.C. § 3613(c)(1) (federal count).

8.4. Civil penalties: Civil penalties under Utah Code § 57-21-11 are imposed in UALD/Labor Commission administrative adjudications, not in this private court action.

8.5. Attorney's fees and costs: under Utah Code § 57-21-12 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages as authorized by law, including 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated Utah and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney's fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to Utah R. Civ. P. 38 and the Utah and United States Constitutions.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under criminal penalty under the laws of the State of Utah (Utah Code § 78B-18a-101 et seq.) that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], Utah.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Utah State Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Complaint was served on the following in accordance with Utah R. Civ. P. 4 (summons) / Utah R. Civ. P. 5 by [personal service / mail / electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. UTAH PRACTICE NOTES

• Enforcing agency. The Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commission administers and enforces the Utah Fair Housing Act and is the state's HUD-certified FHAP agency.
• Protected classes (broader than federal). Utah Code § 57-21-5: race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, and gender identity. Sexual orientation and gender identity were added in 2015. "Source of income" reaches lawful subsidies such as Housing Choice Vouchers/Section 8 — confirm the current statutory definition and any exemptions.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with the UALD (Utah Code § 57-21-9) OR commence a private civil action directly under Utah Code § 57-21-12, even if a UALD complaint has been filed. The UALD must notify the complainant in writing of the private-action option within 30 days of the complaint.
• Bars to the private suit (§ 57-21-12). A private action may NOT be filed if the UALD has obtained a conciliation agreement (except to enforce it) or a formal adjudicative hearing under § 57-21-10 has commenced on the same complaint. Filing the civil action bars the UALD from continuing or commencing its own adjudicative proceeding on the same claims.
• Limitations periods.
• State court (private UFHA suit): 2 years from the occurrence or termination of the discriminatory practice (or breach of a conciliation agreement), Utah Code § 57-21-12(1), excluding time a UALD administrative proceeding was pending (tolling does NOT apply to breach-of-conciliation actions).
• State administrative complaint to UALD: 180 days after the alleged discriminatory housing practice (Utah Code § 57-21-9); confirm current intake rules.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. Utah Code § 57-21-12 provides for actual damages, injunctive relief, and attorney's fees in the private action; § 57-21-11 civil penalties are reserved to UALD/Labor Commission administrative orders. The scope of punitive damages on the state-law count is less developed than under the federal FHA; rely primarily on the federal count for punitive exposure.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor the case in Utah court.

15. SOURCES AND REFERENCES

• Utah Code § 57-21-5 (discriminatory practices; protected classes) — https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-21-5/
• Utah Code § 57-21-12 (private civil action; 2-year SOL) — https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-21-12/
• Utah Code Chapter 57-21 (Utah Fair Housing Act) — https://le.utah.gov/xcode/Title57/Chapter21/57-21.html
• Utah Antidiscrimination and Labor Division (UALD) — https://laborcommission.utah.gov/divisions/antidiscrimination-and-labor/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Utah must review and customize this document before filing. Verify all statutory citations and court rules before use.