This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Disability Law Center (DLC) is Utah's only private fair housing enforcement agency. The DLC shares many of the concerns expressed in Josh Daniels' op-ed ("'Good landlord' programs don't give ex-inmates a fair chance," Oct. 2).
As Mr. Daniels notes, a large number of ex-offenders have a mental illness and/or substance use disorder. If an ex-inmate has a serious mental illness or is in treatment for substance use, he or she is considered to have a disability by the Fair Housing Amendments Act (FHAA). Under the FHAA, a prospective tenant with a disability may request a reasonable accommodation or modification from a landlord. One such request could be overlooking a criminal background, if it is related to a mental illness or substance use disorder.
The DLC thinks "Good Landlord" ordinances which deny landlords such discretion are legally suspect. We have provided a memo outlining our analysis to each of the affected cities, the Utah League of Cities and Towns, and the Utah Apartment Association. We have also suggested the Legislature amend the authorizing statute to clarify that any ordinance enacted under it must comply with state and federal fair housing law.
As of yet, we've heard no response.
Nick Jackson
Disability Law Center, Salt Lake City