ESA Animal Laws In Utah For Small-Time Landlord. Please Help!

[Dan Gustavson]

Hey everyone - I have another question to help get me to my next tenant. I have been to multiple sites trying to research the ESA laws in Utah, but am coming up with conflicting info. I read that as long as I have under 4 units, and don't have the rental listed under a broker/agent, that I am exempt from the fair housing act and can charge additional fees/rent for an ESA animal. I also found another site that states the same thing but adds that it must be owner occupied? I just had someone ask if I allow ESA animals, i said we allow animals, but there will be additional fee/rent. He countered with i thought ESA was covered under Utah laws? Haven't responded back as i need the correct info to avoid discrimination. Please help!

[Marcia Maynard]

https://le.utah.gov/xcode/Title57/Chapter21/57-21-...

Utah Code, Title 57, Chapter 21, Section 5. Line 4-b vaguely covers it.

Look similar to that required by the Federal Fair Housing Act.

I always answer such an inquiry with "We welcome service animals and assistance animals for those with qualified disabilities."   Later on during the qualification process we would get more into depth about the documentation we need regarding the person's disability and the type of assistance the animal provides. We don't accept the certificates people can purchase online.  We also require completion of a Service/Assistance Animal Agreement that outlines the responsibilities of the animal owner, which becomes an addendum to the Rental Agreement. Happy to share that with you at the point when you need it. :-)