Utah Code § 57-21 § 57-21-6.1
Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
Operative Text
Discriminatory housing practices regarding real estate -- Existing real property contract provisions. (1) As used in this section: (a) "Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102. (b) "Board" means: (i) a management committee as defined in Section 57-8-3; or (ii) the same as that term is defined in Section 57-8a-102. (c) "Governing documents" means the same as that term is defined in Section 57-8-3 or 57-8a-102. (2) Any provision in a previously recorded written instrument relating to real property that 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 is void. (3) It is a discriminatory housing practice to enforce a provision described in Subsection (2). (4) Except as provided in Subsection (5), a person with a fee simple interest in the real property that is subject to the recorded written instrument described in Subsection (2) may record with the county recorder a modification document on the real property in the following form: "Any provision in a previously recorded written instrument that 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 is void under Utah Code Section 57-21-6.1.". (5) (a) If a written instrument described in Subsection (2) is a governing document, an association may, in accordance with this section, amend the association's governing documents to remove a provision described in Subsection (2). (b) (i) If an owner believes an association's governing documents include a provision described in Subsection (2), the owner may submit a written request to remove the provision. (ii) Within 90 days after the day on which the board receives a written request, the board: (A) shall investigate a claim that the association's governing documents include a provision described in Subsection (2); and (B) if the board determines the association's governing documents include a provision described in Subsection (2), may remove the provision from the governing documents by amending the association's governing documents through a majority vote of the board, regardless of any contrary provision in the association's governing documents. (c) Any association officer may execute the amendment to remove the provision described in Subsection (2) from the governing documents. (d) Notwithstanding any contrary provision in the association's governing documents, an amendment under this subsection does not require approval of the association's members. (6) A provision in a recorded written instrument that is void under this section does not affect the validity of the remainder of the previously recorded written instrument. (7) An owner who records or causes to be recorded a modification document under Subsection (4) that contains modifications not authorized by this section is solely liable for the recordation. (8) A county recorder may not charge a fee for recording a modification document under this section.
Utah Code Ann. § 57-21-6.1 declares that any clause in a previously recorded real property document that favors, restricts, or discriminates based on characteristics such as race, religion, sex, disability, sexual orientation, or gender identity is legally void and unenforceable. Attempting to enforce such a clause is itself treated as a discriminatory housing practice under this provision. The law also creates a free, streamlined process for removing these clauses from the public record, whether through an individual fee-simple owner filing a modification document with the county recorder or through a homeowners association board amending its governing documents by majority vote.
Plain English — not legal advice.
Property owners and managers operating under Utah Code Ann. § 57-21-6.1 should be aware that any discriminatory restriction in a deed, covenant, or other recorded instrument is unenforceable as a matter of law, and any attempt to act on such a clause exposes the enforcer to a discriminatory housing practice claim. Fee-simple owners have the right to record a no-cost modification document with the county recorder to formally strike the offending language from the record. Operators who manage properties subject to HOA governing documents should also note that the association board can remove discriminatory provisions by majority vote, without needing broader member approval.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Utah Code Ann. § 57-21-6.1, tenants and prospective buyers are protected from any discriminatory clause buried in a deed, covenant, or HOA governing document — such language is void by operation of law and cannot be used to deny housing or impose conditions based on protected characteristics. If a tenant or owner believes an HOA's governing documents contain such a provision, they may submit a written request to the board, which is required to investigate and, if warranted, remove the language within 90 days. Those who believe a discriminatory provision is being enforced against them may wish to consult a tenant-rights organization or fair housing agency to understand the complaint and defense options available under this provision.
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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