Utah Code § 57-21 § 57-21-12
Other rights of action.
Operative Text
Other rights of action. (1) In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory housing practice occurred, within two years after the termination of an alleged discriminatory housing practice, or within two years after a breach of a conciliation agreement. The division shall inform the aggrieved person in writing about this option within 30 days after the aggrieved person files a complaint under Section 57-21-9. (2) (a) Except as provided in Subsection (2)(b), the computation of this two-year time period does not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint filed under this chapter. (b) The tolling of the two-year time period does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a private civil action even though a complaint has been filed with the division, in which case the division is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter after: (a) the beginning of a civil action brought by a complainant or aggrieved person; or (b) the parties have reached an agreement in settlement of claims arising from the complaint. (4) An aggrieved person may not file a private civil action under this section if: (a) the division has obtained a conciliation agreement, except for the purpose of enforcing the terms of the conciliation agreement; or (b) a formal adjudicative hearing has been commenced under Section 57-21-10 regarding the same complaint. (5) Upon written application by a person alleging a discriminatory housing practice prohibited under this chapter in a private civil action, or by a person against whom the violations are alleged, the court may: (a) appoint an attorney for the applicant; and (b) authorize the commencement or continuation of a private civil action without the payment of fees, costs, or security if, in the opinion of the court, the applicant is financially unable to bear the costs of the civil action. (6) Upon timely application, the division may intervene in a private civil action brought under this subsection if the division certifies that the case is of general importance. (7) In a private civil action, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may: (a) order the respondent to cease any discriminatory housing practice; (b) award to the plaintiff actual damages, punitive damages, and reasonable attorney fees and costs; and (c) grant, as the court considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order as may be appropriate, including civil penalties under Section 57-21-11. (8) This chapter does not preclude any private right of action by an aggrieved person based on otherwise applicable law not included in this chapter.
Utah Code Ann. § 57-21-12 establishes that a person who believes they have experienced discriminatory housing practices has the right to file a private civil lawsuit in court, separate from or alongside any administrative complaint filed with the Utah Division of Antidiscrimination and Labor (the division). The lawsuit must generally be filed within two years of the discriminatory act, its termination, or a breach of a conciliation agreement, though time spent in an active administrative proceeding can pause that clock in most cases. If a court finds that discrimination occurred or is imminent, it may order the practice stopped, award actual and punitive damages along with attorney fees, and impose civil penalties.
Plain English — not legal advice.
Under § 57-21-12, property owners and managers should be aware that a person who files an administrative complaint with the division retains the independent right to pursue a private civil lawsuit in court within the applicable two-year window. A compliant operator generally maintains thorough documentation of all housing decisions—applications, denials, lease terms, and communications—so that records are available if a civil action is commenced. Courts adjudicating claims under this section have broad remedial authority, including the ability to award punitive damages and civil penalties, making consistent fair-housing practices a central operational priority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 57-21-12 gives tenants and other aggrieved persons the right to bring a private civil lawsuit over alleged discriminatory housing practices, even if an administrative complaint has already been filed with the division, subject to certain limitations such as when a formal adjudicative hearing has already begun. The division is required to notify complainants in writing about this private-action option within 30 days of receiving a complaint. Individuals who cannot afford litigation costs may ask the court to appoint an attorney or waive fees under this section, and tenant-rights organizations can help explain the range of options available, including whether to pursue the administrative process, a civil action, or both.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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