File No. 35094
This rule was published in the August 15, 2011, issue (Vol. 2011, No. 16) of the Utah State Bulletin.
Labor Commission, Antidiscrimination and Labor, Fair Housing
Notice of Proposed Rule
DAR File No.: 35094
Filed: 07/22/2011 09:47:36 AM
Purpose of the rule or reason for the change:
This rule defines circumstances in which state and federal fair housing laws authorize an individual with a disability to possess an assistance animal as a reasonable accommodation. The rule also addresses the relationship of fair housing standards for use of service animals to standards found at 62A-5b-101 et seq. for use of service animals in public areas, common carriers, and similar locations.
Summary of the rule or change:
The rule clarifies that federal and state fair housing laws entitle an individual with a disability to have an assistance animal in a housing facility that would otherwise restrict such animals, provided that the service animal is necessary to the disabled individual's use and enjoyment of the housing. The rule allows a housing provider to verify the need for such an assistance animal, and to disallow a service animal on the grounds of undue financial or administrative burden, safety, or other such reasons. The rule also clarifies that use of a service animal as a reasonable accommodation is limited to tenants and prospective tenants and does not extend to visitors or guests.
State statutory or constitutional authorization for this rule:
- Section 63G-4-102 et seq.
- Section 57-21-1 et seq.
Anticipated cost or savings to:
the state budget:
The rule will not have any appreciable effect on the state's costs in administering and enforcing fair housing laws, nor is the rule expected to have any other fiscal impact on the state budget.
To the extent that local governments provide housing to disabled individuals, such governments may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statutes, adoption of the rule will not result in any cost or savings to local governments.
To the extent that small businesses provide housing to disabled individuals, such small businesses may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statutes, adoption of the rule will not result in any cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
In addition to local governments and small businesses, other entities that provide housing to disabled individuals may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statutes, adoption of the rule will not result in any cost or savings to small businesses.
Compliance costs for affected persons:
This rule imposes no compliance costs on affected persons. The rule's substantive provisions are already part of state and federal Fair Housing law. Consequently, housing providers and housing consumers are already subject to the requirements contained in the rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
By clarifying and explaining to housing providers and housing consumers the rules that apply to assistance animals, the proposed rule should avoid conflict and reduce the number of adjudicative proceedings on this issue. To that extent, the proposed rule will reduce litigation costs for businesses and individuals.
Sherrie Hayashi, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Labor Commission
Antidiscrimination and Labor, Fair Housing
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Alan Hennebold at the above address, by phone at 801-530-6937, by FAX at 801-530-6390, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Sherrie Hayashi, Commissioner
R608. Labor Commission, Antidiscrimination and Labor, Fair Housing.
R608-1. Utah Fair Housing Rules.
KEY: housing, fair housing, discrimination, time
Date of Enactment or Last Substantive Amendment: [
October 7, 2005]
Notice of Continuation: November 30, 2006
Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2011/b20110815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Alan Hennebold at the above address, by phone at 801-530-6937, by FAX at 801-530-6390, or by Internet E-mail at email@example.com.