Other Utah Statutes Relevant to HOAs

Rights and Privileges of an Individual with a Disability

Utah Code Title 62A, Chapter 5b.

Utah law makes it a crime for an individual to: (1) intentionally and knowingly falsely represent to another person that an animal is a service animal or a support animal; (2) knowingly and intentionally misrepresent a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal or a support animal; or (3) except for an individual with a disability, to use an animal to gain treatment or benefits only provided for an individual with a disability.  See Utah Code § 62A-5b-106.

The statute provides that an individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act: (1) in any of the places specified in Section 62A-5b-103 (roads, walkways, public places, public transportation, public lodging, public amusement or resort to which public is invited, and housing offered for rent); and (2) without additional charge for the service animal.  The right is also granted to an individual who does not have a disability for an animal that is in training to become a service animal or a police service canine.  The individual is liable for any loss or damage the individual's accompanying service, support or other animal causes or inflicts.  See Utah Code § 62A-5b-104.

Additionally, the law makes it a crime to deny or interfere with the rights of a person with a disability granted in the statute.  The law also prohibits discrimination by an owner or lessor of private housing accommodations against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for a service or support animal.  However, the owner or lessor may recover a reasonable cost to repair damage caused by a service or support animal.

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