Most owners picture a Fair Housing problem as someone slamming a door in an applicant’s face. It almost never looks like that. The real trouble starts with a listing line that seemed harmless, a friendly comment at a showing, or two applicants held to two different standards. If you own a rental in Salt Lake City, whether it’s your first or your fifteenth, landlord-tenant law in Utah leaves very little room for “I didn’t know.”
This post covers who the law protects, where owners slip, how to screen in a way you can defend, and what to watch for in this market. We’re a property management company, not a law firm, so treat this as a map and not legal advice. For a specific situation, talk to a Utah attorney.
“10 | groups listed in Utah’s Fair Housing Act”
In This Guide
Who the Fair Housing Act Protects
Federal law bans discrimination in renting based on certain personal characteristics. Utah’s own Fair Housing Act goes further. As we read it, Utah law bars discrimination in renting because of:
- Race
- Color
- Religion
- Sex
- National origin
- Familial status
- Disability
- Source of income
- Sexual orientation
- Gender identity
Source of income, sexual orientation and gender identity are the additions beyond the federal list. Statutes get amended, so read the current text of Utah Code § 57-21-5 before you rely on any list, ours included.
Some small owners may qualify for an exemption. But state and federal exemptions are not the same, and a state exemption doesn’t protect you from federal law. Most owners can’t safely assume they qualify. It’s easier and cheaper to act as if the rules apply to you.
Intent Doesn’t Save You
Here’s the part that surprises people. You can lose a Fair Housing complaint without meaning any harm.
A lot of owners think the risk is overt stuff, like slurs or flat refusals. The more common and costly problems come from policies that look neutral on paper. A blanket rule against anyone with a criminal record is one example. A “no vouchers” line in an ad is another. Under what’s called disparate impact, what matters is the effect of your rule on protected groups, not what was in your head when you wrote it.
So “I treat everyone the same” isn’t a defense by itself. The question is whether your rules, as written and as applied, hold up when someone else reads them.
Advertising Is Where Owners Slip First
Your listing is the first thing an applicant sees, and it’s also the first thing an investigator reads. Describe the unit. Don’t describe the person you imagine living in it.
Phrases that cause trouble
- “No kids” or “adults only”: This targets familial status.
- “English-speaking only”: This can read as national origin screening.
- Cultural or religious descriptions of the property: Say “close to transit,” not “great for a certain community.”
- “No vouchers” or “no Section 8”: Utah lists source of income, so check the rules before you publish anything like it.
What to write instead
| Risky line | Safer line |
|---|---|
| Perfect for young professionals | 2 bed, 1 bath, 900 sq ft, close to transit |
| Quiet adults only | Quiet building, lease terms in application |
| English-speaking tenants preferred | Applicants must meet the written screening criteria |
Features, price, location, lease terms. That’s the whole ad.
Showings and Casual Conversation
Say an owner tells a prospective tenant, “this neighborhood is really best for young professionals.” Maybe they meant it as a compliment. It can still be cited as steering based on familial status or national origin, regardless of intent.
Showings feel casual. They aren’t. A few habits keep you safe:
- Give every visitor the same tour and the same information packet.
- Answer questions about the unit, the lease and the process.
- If someone asks what kind of neighbors they’ll have, stick to facts like noise policies and parking rules.
Describe the property, not the people.
Write Your Screening Criteria Down
Many owners treat screening standards as a private matter that lives in their head. Fair Housing compliance works the other way. Your criteria should be written, applied in the same order to every applicant, and easy to find if someone challenges a decision. An owner who relies on memory or gut feel is exposed even when every decision was fair.
Two quick examples show how this goes wrong.
Say a landlord sets the income requirement at three times the rent. On an $1,800 rental, that’s $5,400 a month. Then the landlord quietly asks one applicant for five times the rent, or $9,000. If a denied applicant can show the standard wasn’t applied the same way, that inconsistency alone can support a complaint.
Or picture an owner who gets two qualified applications on the same day and picks one on a “gut feeling.” With no documented criteria, that decision is nearly impossible to defend.
A usable written standard covers:
- Income: The multiple of rent you require, and how you verify it.
- Rental history: What you look for and what counts as a disqualifier.
- Credit: The score range or the factors you weigh.
- Criminal background: What you consider, how far back, and why it matters for the tenancy.
- Order of review: Complete applications get processed in the order they arrive.
Put the standards in writing before you list, and use the same rental application form for every applicant, every time.
One of our tenants described the experience from the other side of the table. In her review, Alisha said, “Everything has been very transparent and honest.” That’s what a consistent process feels like to the person applying.
A documented, consistently applied standard protects you even when your decision was fair and your memory is fuzzy. The paper trail is the defense.
This worksheet helps you write down your screening standards before you list so you can hold every application to the same criteria.
Free worksheet
Written screening criteria worksheet
Write your screening standards down before you list, then hold every application to them. Apply the same written criteria to every applicant.
0 of 12 filled in
Income and credit
Rental history and background
How you decide
Tips
- Publish your criteria with the listing, so applicants know what to expect before they pay a fee.
- Never ask about or act on race, color, religion, sex, national origin, familial status or disability. Many places also protect source of income and other groups, so check your state and local rules.
- Keep a short note on each decision, tied to the criteria, so you can explain any yes or no later.
- Check your state and local rules on application fees, credit checks, eviction records and criminal history before you finalize the list, and review it once a year.
Your entries stay in this browser only.
Income Sources, Rental Assistance and Past Records
Plenty of applicants here pay with vouchers or rental assistance Salt Lake City programs provide. Utah’s act lists source of income as protected, but the definition and exemptions matter. Before you write any “no vouchers” rule, read Utah Code §§ 57-21-2, 57-21-3 and 57-21-5, and ask an attorney if you’re unsure. Don’t assume you can refuse a lawful income source.
Criminal records need the same care. People search for second chance apartments Salt Lake City renters can actually qualify for because blanket bans shut out a lot of people. A flat “no records, ever” rule can also have an uneven effect on protected groups. A better policy looks at what the offense was, how long ago it happened, and whether it relates to being a good tenant.
And if you deny someone based on a screening report, there are notice rules that apply. Check the current requirements before you send that letter.
Disability Requests Need a Real Conversation
Federal and state law require landlords to engage with reasonable requests from tenants with disabilities. Two kinds come up most:
- Accommodations: A change to a rule or practice, like assigning a closer parking space.
- Modifications: A change to the unit, like installing a grab bar.
The wrong move is a quick no. The right move is to talk with the tenant about what they need, document the conversation, and decide in good faith. Refusing a reasonable accommodation reasonable modification, can be a violation on its own.
Assistance animals deserve extra care. They aren’t treated like pets. Check current rules on documentation, fees and deposits before you answer a request, and don’t assume your pet policy applies.
Local Pressure Points
Every market has its own friction. Here’s what we see in this one.
Students and informal screening
The University of Utah, Westminster University and Salt Lake Community College give the area a steady student renter pool. Owners sometimes try to screen out students informally with comments like “we’re looking for more established tenants.” That kind of language can drift into familial status territory fast. If you have a credit or income standard, apply it to everyone and skip the shorthand.
Refugee and immigrant applicants
The area has a large and growing refugee and immigrant population. Applicants may have thin credit files or need language help. Screening practices around national origin and language draw particular scrutiny here. If you accept alternatives to a U.S. credit history, write that into your criteria and offer it to every applicant.
A tight market that rewards speed
When vacancy is low, owners feel pressure to decide fast. Fast decisions create documentation gaps, and those gaps can look discriminatory later even when nothing improper happened. Speed isn’t the problem. Skipping the written process is.
What Getting It Wrong Costs
Federal civil penalties for a first violation reach into five figures and climb for repeat violations. That’s before damages, attorney fees and your own legal bills. Check the current penalty schedule rather than relying on any number from memory.
Tenants also have both state and federal complaint routes, and the filing windows are long enough that a decision from last year can still come back to you. Check the current deadlines directly with the agencies.
Tenants can also look up their rights, including through places like the Salt Lake City Tenant Resource Center, so assume they know them. Owners should know where to look too. The city’s own resources, including its Landlord/Tenant (Good Landlord) program and rental business license pages, are worth checking for current requirements. The city’s Landlord/Tenant pages on slc.gov are a good starting point.
How We Handle It at Rhino
Rhino was founded by property owners, for property owners, and we’ve been at it for 16 years. We manage 450 properties, so we see these situations constantly.
Our website says it plainly. We thoroughly screen all applicants according to Fair Housing standards, and our screening process complies with Fair Housing Laws while protecting your rental property investment. We also hold weekly team huddles to talk through problems and how to fix them, which is one way gray-area questions can get settled before they turn into complaints.
Fair and fast aren’t opposites. Our properties average about two weeks of vacancy between tenants, and a written process helps owners move quickly without cutting corners. One owner put it simply in a review. Isaac wrote that the team is “professional, trustworthy, and very easy to work with.”
If Fair Housing compliance feels harder than it should, we’re open to a conversation.
FAQ
Does the Fair Housing Act apply to small landlords?
Some small owners may qualify for exemptions, but state and federal exemptions differ, and a state exemption doesn’t protect you from federal law. Most owners shouldn’t assume they’re exempt, so check with an attorney before you rely on one.
Can I refuse applicants who use vouchers or rental assistance?
Utah’s Fair Housing Act lists source of income as protected, so don’t assume you can. Check the definition and exemptions in Utah Code §§ 57-21-2, 57-21-3 and 57-21-5 before you set a policy.
Can I charge pet fees for an assistance animal?
Assistance animals aren’t treated like pets, so don’t assume your pet rules apply. Check the current rules on documentation, fees and deposits before you respond to a request.
Can I screen out applicants with a criminal record?
A blanket ban is risky because it can have an uneven effect on protected groups. A written policy that looks at the offense, how long ago it happened and how it relates to the tenancy is safer.
What records should I keep from the screening process?
Keep your written criteria, each application, the date you received it, the reason for your decision and any messages with the applicant. If a decision is ever questioned, that file is your defense.