HB 404: Sex-Designated Housing Amendments - Utah

Amended Excerpts 2/2/2026 10:02:249 → Amended 2/2/2026 10:02:249 · 5 edits

MODERATE

This bill amends Utah's Fair Housing Act to explicitly allow landlords to designate housing as single-sex based on biological sex at birth. It clarifies that restricting occupancy to individuals matching that biological sex is not unlawful discrimination. The changes also update related definitions and include technical amendments to other state codes regarding juvenile protective custody.

Scope change

The bill expands the legal scope of housing discrimination exemptions by adding 'single-sex housing' based on biological sex as a protected category that is exempt from discrimination claims.

DEFINITION

Added a new definition for 'single-sex housing' as accommodations designated for individuals of the same biological sex at birth who share bedrooms or bathrooms.

Updated various definitions in the Fair Housing Act to replace terms like 'person' with 'individual' and 'commence' with 'commences' for consistency.

ELIGIBILITY

Added an exemption allowing landlords to limit occupancy in single-sex housing only to individuals whose biological sex at birth matches the designated sex.

REQUIREMENT

Clarified that designating housing as single-sex and limiting occupancy based on biological sex is not considered unlawful discrimination under the Utah Fair Housing Act.

TECHNICAL

Included technical amendments to unrelated sections of the Utah Code regarding juvenile protective custody and definitions of disability.

Enrolled → Amended Excerpts 2/2/2026 10:02:249 · 4 edits

MODERATE

The bill amends Utah's Fair Housing Act to explicitly allow landlords to designate housing as single-sex based on biological sex at birth. It clarifies that this practice is not considered unlawful discrimination and defines the specific types of housing and landlords to whom this exemption applies.

Scope change

The scope of the exemption was expanded by adding 'private landlords and property owners' to the list of entities permitted to use single-sex housing designations, alongside existing categories like dormitories and boarding houses.

DEFINITION

Added a specific definition for 'single-sex housing' to mean accommodations designated for individuals of the same biological sex at birth where residents share bedrooms or bathrooms.

ELIGIBILITY

Explicitly exempted single-sex housing designations from being considered unlawful discrimination under the Utah Fair Housing Act.

SCOPE

Extended the single-sex housing exemption to include private landlords and property owners, in addition to dormitories, boarding houses, and shared rental properties.

REQUIREMENT

Established that occupancy of single-sex housing may be limited to individuals whose biological sex at birth matches the designated sex for that housing.

Introduced → Enrolled · 5 edits · Mar 23, 2026

MODERATE

This bill amends the Utah Fair Housing Act to create a specific exemption allowing landlords to designate housing as single-sex and restrict occupancy based on biological sex at birth. It clarifies that this practice is not considered unlawful discrimination under state law, provided it applies to certain types of group-living accommodations like dormitories or shared rentals. The bill also includes technical updates to definitions and procedural sections within the housing and juvenile court codes.

Scope change

The bill expands the scope of the Utah Fair Housing Act by adding a new exemption for single-sex housing, which was not explicitly covered in the previous version. It limits this exemption to private landlords, property owners, and specific group-living settings, excluding state-owned housing.

SCOPE

Added a new exemption permitting landlords to designate housing as single-sex and limit occupancy to individuals of the designated biological sex at birth.

DEFINITION

Modified the definition of 'Aggrieved person' to 'Aggrieved individual' and updated related terminology throughout the definitions section to reflect the new single-sex housing context.

Added a new definition for 'Single-sex housing' to clarify that it refers to accommodations where residents share a bedroom or bathroom and are designated for one biological sex at birth.

REQUIREMENT

Modified the list of protected classes in the discriminatory practices section to ensure consistency with the new single-sex housing exemption, while maintaining protections for race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, and gender identity.

TECHNICAL

Updated the Senate Sponsor name from 'LONG TITLE' to 'Brady Brammer' and adjusted the effective date from May 6, 2026, to March 2, 2026.

Sex-Designated Housing Amendments

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