HB 404

Enrolled Copy  H.B. 404
1Sex-designated Housing Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: David Shallenberger
                                   Senate Sponsor: Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill creates an exemption in the Utah Fair Housing Act allowing a landlord to
6  designate housing as single-sex based on biological sex.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms;
10      ▸ permits a landlord to restrict occupancy in single-sex housing to individuals of the
11  designated biological sex;
12      ▸ clarifies that such restriction is not unlawful discrimination under the Utah Fair Housing
13  Act; and
14      ▸ makes technical and conforming changes.
15  Money Appropriated in this Bill:
16      None
17  Other Special Clauses:
18      None
19  Utah Code Sections Affected:
20  AMENDS:
21      57-21-2, as last amended by Laws of Utah 2015, Chapter 13
22      57-21-4, as last amended by Laws of Utah 1993, Chapter 114
23      57-21-5, as last amended by Laws of Utah 2015, Chapter 13
24      80-3-204, as last amended by Laws of Utah 2025, Chapter 426
25
26  Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 57-21-2 is amended to read:
H.B. 404  Enrolled Copy
2857-21-2 . Definitions.
29      As used in this chapter:
30   (1) "Affiliate" means the same as that term is defined in Section 16-6a-102.
31   (2) ["Aggrieved person" includes a person] "Aggrieved individual" means an individual who:
32(a) claims to have been injured by a discriminatory housing practice; or
33(b) believes that the [person] individual will be injured by a discriminatory housing
34practice that is about to occur.
35   (3) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101.
36   [(3)] (4) "Commission" means the Labor Commission.
37   [(4)] (5) "Complainant" means an aggrieved [person] individual, including the director, who [
38has commenced] commences a complaint with the division.
39   [(5)] (6) "Conciliation" means the attempted resolution of an issue raised in a complaint of
40discriminatory housing practices by the investigation of the complaint through informal
41negotiations involving the complainant, the respondent, and the division.
42   [(6)] (7) "Conciliation agreement" means a written agreement setting forth the resolution of
43the issues in conciliation.
44   [(7)] (8) "Conciliation conference" means the attempted resolution of an issue raised in a
45complaint or by the investigation of a complaint through informal negotiations involving
46the complainant, the respondent, and the division[. The conciliation conference] which
47is not subject to Title 63G, Chapter 4, Administrative Procedures Act.
48   [(8)] (9) "Covered multifamily dwelling" means:
49(a) a building consisting of four or more dwelling units if the building has one or more
50elevators; and
51(b) the ground floor units in other buildings consisting of four or more dwelling units.
52   [(9)] (10) "Director" means the director of the division or [a] the director's designee.
53   [(10)] (11)(a) "Disability" means a physical or mental impairment that substantially
54limits [one or more of a person's] an individual's major life activities, including [a
55person] an individual having a record of such an impairment or being regarded as
56having such an impairment.
57(b) "Disability" does not include current illegal use of, or addiction to, any federally
58controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
59U.S.C. Sec. 802.
60   [(11)] (12) "Discriminate" includes segregate or separate.
61   [(12)] (13) "Discriminatory housing practice" means an act that is unlawful under this
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62      chapter.
63  [(13)] (14) "Division" means the Division of Antidiscrimination and Labor established
64      under the commission.
65  [(14)] (15) "Dwelling" means:
66      (a) a building or structure, or a portion of a building or structure, occupied as, designed
67as, or intended for occupancy as a residence of one or more families; or
68      (b) vacant land that is offered for sale or lease for the construction or location of a
69dwelling as described in Subsection [(14)(a)] (15)(a).
70  [(15)] (16)(a) "Familial status" means one or more individuals who have not attained the
71      age of [18 years] 18 years old being domiciled with:
72(i) a parent or another person having legal custody of the one or more individuals; or
73(ii) the designee of the parent or other person having custody, with the written
74permission of the parent or other person.
75      (b) [The protections afforded against discrimination on the basis of familial status apply
76to a person who:] "Familial status" includes protections afforded against
77discrimination of an individual who:
78(i) is pregnant;
79(ii) is in the process of securing legal custody of any individual who has not attained
80the age of 18 years; or
81(iii) is a single individual.
82  [(16)] (17) "Gender identity" has the same meaning as provided in the Diagnostic and
83      Statistical Manual (DSM-5)[. A person's gender identity can be shown ] which an
84      individual may show by providing evidence, including[, but not limited to, ] :
85      (a) medical history[,] ;
86      (b) care or treatment of the gender identity[,] ;
87      (c) consistent and uniform assertion of the gender identity[,] ; or
88      (d) other evidence that the gender identity is sincerely held, part of [a person's] the
89individual's core identity, and [not being ]asserted for [an improper] a proper purpose.
90  [(17)] (18) "National origin" means the place of birth of an individual or of any lineal
91      ancestors.
92  [(18) "Person" includes one or more individuals, corporations, limited liability companies,
93      partnerships, associations, labor organizations, legal representatives, mutual companies,
94      joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases
95      under the United States Bankruptcy Code, receivers, and fiduciaries.]
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96   (19) "Presiding officer" has the same meaning as provided in Section 63G-4-103.
97   (20) ["Real estate broker" or "salesperson"] "Real estate broker or salesperson" means a
98principal broker, an associate broker, or a sales agent as those terms are defined in
99Section 61-2f-102.
100   (21) "Respondent" means a person against [whom] which a complaint of housing
101discrimination [has been] is initiated.
102   (22) "Sex" means gender and includes pregnancy, childbirth, and disabilities related to
103pregnancy or childbirth.
104   (23) "Sexual orientation" means an individual's actual or perceived orientation as
105heterosexual, homosexual, or bisexual.
106   (24) "Single-sex housing" means housing accommodations designated for occupancy
107exclusively by individuals of the same biological sex at birth, where residents share a
108bedroom or a bathroom.
109   [(24)] (25) "Source of income" means the verifiable condition of being a recipient of federal,
110state, or local assistance, including medical assistance, or of being a tenant receiving
111federal, state, or local subsidies, including rental assistance or rent supplements.
112Section 2. Section 57-21-4 is amended to read:
11357-21-4 . Conduct and requirements excluded -- Defenses.
114   (1) Except as provided in [Subsection 57-21-5(4)] Subsections 57-21-5(4) and (5), this
115chapter does not:
116(a) require [any] a person to exercise a higher degree of care toward [a person] an
117individual who has a disability than toward [a person] an individual who does not
118have a disability;
119(b) relieve [any person] a person of [obligations] an obligation generally imposed on all
120persons regardless of disability in a written lease, rental agreement, contract of
121purchase or sale, mortgage, trust deed, or other financing agreement; or
122(c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate,
123or accommodate [a person] an individual with a disability.
124   (2)(a) It is a defense to a complaint or action brought under this chapter that the
125complainant has a disability that, in the circumstances and even with reasonable
126accommodation, poses a serious threat to the health or safety of the complainant or
127others.
128(b) The respondent bears the burden of proving [this] a defense[ is upon the respondent]
129in accordance with Subsection (2)(a).
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130Section 3. Section 57-21-5 is amended to read:
13157-21-5 . Discriminatory practices enumerated -- Protected individuals, classes
132  enumerated.
133  (1) It is a discriminatory housing practice to do any of the following because of [a person's]
134      an individual's race, color, religion, sex, national origin, familial status, source of
135      income, disability, sexual orientation, or gender identity:
136      (a)(i) refuse to sell or rent after the making of a bona fide offer;
137(ii) refuse to negotiate for the sale or rental; or
138(iii) otherwise deny or make unavailable a dwelling from any person;
139      (b) discriminate against [a person] an individual in the terms, conditions, or privileges:
140(i) of the sale or rental of a dwelling; or
141(ii) in providing facilities or services in connection with the dwelling; or
142      (c) represent to [a person] an individual that a dwelling is not available for inspection,
143sale, or rental when the dwelling is available.
144  (2) It is a discriminatory housing practice to make a representation orally or in writing or
145      make, print, circulate, publish, post, or cause to be made, printed, circulated, published,
146      or posted any notice, statement, or advertisement, or to use any application form for the
147      sale or rental of a dwelling, that directly or indirectly expresses any preference,
148      limitation, or discrimination based on race, color, religion, sex, national origin, familial
149      status, source of income, disability, sexual orientation, or gender identity, or expresses [
150      any] an intent to make [any ]such a preference, limitation, or discrimination.
151  (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person
152      to buy, sell, or rent a dwelling by making a representation about the entry or prospective
153      entry into the neighborhood of [persons] individuals of a particular race, color, religion,
154      sex, national origin, familial status, source of income, disability, sexual orientation, or
155      gender identity.
156  (4) A discriminatory housing practice includes:
157      (a) a refusal to permit, at the expense of the [person] individual with a disability,
158reasonable modifications of existing premises occupied or to be occupied by the [
159person] individual if the modifications are necessary to afford that [person] individual
160full enjoyment of the premises, except that in the case of a rental, the landlord, where
161it is reasonable to do so, may condition permission for a modification on the renter
162agreeing to restore the interior of the premises, when reasonable, to the condition that
163existed before the modification, reasonable wear and tear excepted; and
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164(b) a refusal to make a reasonable accommodation in a rule, policy, practice, or service
165when the accommodation may be necessary to afford the [person] individual equal
166opportunity to use and enjoy a dwelling[; and] .
167   [(c)] (5) [in connection with ] For the design and construction of a covered multifamily [
168dwellings] dwelling for first occupancy after March 13, 1991, a discriminatory housing
169practice includes the failure to design and construct the covered multifamily [dwellings]
170dwelling in a manner that[:] has at least one building entrance on an accessible route,
171unless it is impracticable to have one because of the terrain or unusual characteristics of
172the site, and for a covered multifamily dwelling with a building entrance on an
173accessible route:
174[(i) the covered multifamily dwellings have at least one building entrance on an
175accessible route, unless it is impracticable to have one because of the terrain or
176unusual characteristics of the site; and]
177[(ii) with respect to covered multifamily dwellings with a building entrance on an
178accessible route:]
179[(A)] (a) the public use and common use portions of the covered multifamily dwelling
180are readily accessible to and usable by [a person] an individual with a disability;
181[(B)] (b) all the doors designed to allow passage into and within the covered multifamily
182dwellings are sufficiently wide to allow passage by [a person] an individual with a
183disability who is in a wheelchair; and
184[(C)] (c) all premises within the covered multifamily dwellings contain the following
185features of adaptive design:
186[(I)] (i) an accessible route into and through the covered multifamily dwelling;
187[(II)] (ii) light switches, electrical outlets, thermostats, and other environmental
188controls in accessible locations;
189[(III)] (iii) reinforcements in the bathroom walls to allow later installation of grab
190bars; and
191[(IV)] (iv) kitchens and bathrooms such that an individual in a wheelchair can
192maneuver about and use the space.
193   [(5)] (6)(a) This section also applies to discriminatory housing practices because of race,
194color, religion, sex, national origin, familial status, source of income, disability,
195sexual orientation, or gender identity based upon [a person's] an individual's
196association with another [person] individual.
197(b)(i) It is not unlawful discrimination under this chapter for a landlord, lessor, or
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198property manager to:
199(A) designate housing as single-sex housing; and
200(B) limit occupancy of single-sex housing to individuals whose biological sex at
201birth matches the designated sex for the single-sex housing.
202(ii) Subsection (6)(b)(i) applies to:
203(A) a dormitory, a boarding house, a shared rental property, or other group-living
204accommodation; and
205(B) a private landlord and a property owner.
206(iii) This exemption does not apply to:
207(A) housing that the state or a political subdivision owns or operates unless
208otherwise expressly provided by law; or
209(B) housing where the designation as single-sex housing would violate federal law
210or a condition of federal funding.
211Section 4. Section 80-3-204 is amended to read:
21280-3-204 . Protective custody of a child after a petition is filed -- Grounds.
213  (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply,
214      in addressing the petition, the least restrictive means and alternatives available to
215      accomplish a compelling state interest and to prevent irretrievable destruction of family
216      life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104.
217  (2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of
218      the petition is not in protective custody, a juvenile court may order that the child be
219      removed from the child's home or otherwise taken into protective custody if the juvenile
220      court finds, by a preponderance of the evidence, that any one or more of the following
221      circumstances exist:
222      (a)(i) there is an imminent danger to the physical health or safety of the child; and
223(ii) the child's physical health or safety may not be protected without removing the
224child from the custody of the child's parent or guardian;
225      (b)(i) a parent or guardian engages in or threatens the child with unreasonable
226conduct that causes the child to suffer harm; and
227(ii) there are no less restrictive means available by which the child's emotional health
228may be protected without removing the child from the custody of the child's
229parent or guardian;
230      (c) the child or another child residing in the same household has been, or is considered
231to be at substantial risk of being, physically abused, sexually abused, or sexually
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232exploited, by a parent or guardian, a member of the parent's or guardian's household,
233or other individual known to the parent or guardian;
234(d) the parent or guardian is unwilling to have physical custody of the child;
235(e) the child is abandoned or left without any provision for the child's support;
236(f) a parent or guardian who has been incarcerated or institutionalized has not arranged
237or cannot arrange for safe and appropriate care for the child;
238(g)(i) a relative or other adult custodian with whom the child is left by the parent or
239guardian is unwilling or unable to provide care or support for the child;
240(ii) the whereabouts of the parent or guardian are unknown; and
241(iii) reasonable efforts to locate the parent or guardian are unsuccessful;
242(h) subject to Subsection 80-1-102(58)(b) and Sections 80-3-109 and 80-3-304, the child
243is in immediate need of medical care;
244(i)(i) a parent's or guardian's actions, omissions, or habitual action create an
245environment that poses a serious risk to the child's health or safety for which
246immediate remedial or preventive action is necessary; or
247(ii) a parent's or guardian's action in leaving a child unattended would reasonably
248pose a threat to the child's health or safety;
249(j) the child or another child residing in the same household has been neglected;
250(k) the child's parent:
251(i) intentionally, knowingly, or recklessly causes the death of another parent of the
252child;
253(ii) is identified by a law enforcement agency as the primary suspect in an
254investigation for intentionally, knowingly, or recklessly causing the death of
255another parent of the child; or
256(iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
257recklessly causing the death of another parent of the child;
258(l) an infant is an abandoned infant, as defined in Section 80-4-203;
259(m)(i) the parent or guardian, or an adult residing in the same household as the parent
260or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
261Drug Lab Act; and
262(ii) any clandestine laboratory operation was located in the residence or on the
263property where the child resided; or
264(n) the child's welfare is otherwise endangered.
265   (3)(a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
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266      abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
267      dependency occurs involving the same substantiated abuser or under similar
268      circumstance as the previous abuse, that fact is prima facie evidence that the child
269      cannot safely remain in the custody of the child's parent.
270      (b) For purposes of Subsection (2)(c):
271(i) another child residing in the same household may not be removed from the home
272unless that child is considered to be at substantial risk of being physically abused,
273sexually abused, or sexually exploited as described in Subsection (2)(c) or
274Subsection (3)(b)(ii); and
275(ii) if a parent or guardian has received actual notice that physical abuse, sexual
276abuse, or sexual exploitation by an individual known to the parent has occurred,
277and there is evidence that the parent or guardian failed to protect the child, after
278having received the notice, by allowing the child to be in the physical presence of
279the alleged abuser, that fact is prima facie evidence that the child is at substantial
280risk of being physically abused, sexually abused, or sexually exploited.
281  (4)(a) For purposes of Subsection (2), if the division files an abuse, neglect, or
282      dependency petition, the juvenile court shall consider the division's safety and risk
283      assessments described in Section 80-2-403 to determine whether a child should be
284      removed from the custody of the child's parent or guardian or should otherwise be
285      taken into protective custody.
286      (b) The division shall make a diligent effort to provide the safety and risk assessments
287described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel
288for the parent or guardian, as soon as practicable before the shelter hearing described
289in Section 80-3-301.
290  (5) In the absence of one of the factors described in Subsection (2), a juvenile court may not
291      remove a child from the parent's or guardian's custody on the basis of:
292      (a) educational neglect, truancy, or failure to comply with a court order to attend school;
293      (b) mental illness or poverty of the parent or guardian;
294      (c) disability, as defined in Section 57-21-2, of the parent or guardian[, as defined in
295Section 57-21-2]; or
296      (d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
297Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis
298product in a medicinal dosage form, or a medical cannabis device, as those terms are
299defined in Section 26B-4-201.
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300   (6) A child removed from the custody of the child's parent or guardian under this section
301may not be placed or kept in detention, unless the child may be admitted to detention
302under Chapter 6, Part 2, Custody and Detention.
303   (7) This section does not preclude removal of a child from the child's home without a
304warrant or court order under Section 80-2a-202.
305   (8)(a) Except as provided in Subsection (8)(b), a juvenile court and the division may not
306remove a child from the custody of the child's parent or guardian on the sole or
307primary basis that the parent or guardian refuses to consent to:
308(i) the administration of a psychotropic medication to a child;
309(ii) a psychiatric, psychological, or behavioral treatment for a child; or
310(iii) a psychiatric or behavioral health evaluation of a child.
311(b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a
312child under conditions that would otherwise be prohibited under Subsection (8)(a) if
313failure to take an action described under Subsection (8)(a) would present a serious,
314imminent risk to the child's physical safety or the physical safety of others.
315Section 5. Effective Date.
316   This bill takes effect on May 6, 2026.
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