(1) Except as provided in Subsections 57-21-5(4) and (5), this chapter does not: (a) require a person to exercise a higher degree of care toward an individual who has a disability than toward an individual who does not have a disability; (b) relieve a person of an obligation generally imposed on all persons regardless of disability in a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement; or (c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate, or accommodate an individual with a disability. (2) (a) It is a defense to a complaint or action brought under this chapter that the complainant has a disability that, in the circumstances and even with reasonable accommodation, poses a serious threat to the health or safety of the complainant or others. (b) The respondent bears the burden of proving a defense in accordance with Subsection (2)(a).
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