Sex-Designated Housing Amendments

8
57-21-2
57-21-4
57-21-5
80-3-204
57-21-2
57-21-4
57-21-5
80-3-204
0
Sex-designated Housing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Shallenberger
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill creates an exemption in the Utah Fair Housing Act allowing a landlord to
designate housing as single-sex based on biological sex.
Highlighted Provisions:
This bill:
defines terms;
permits a landlord to restrict occupancy in single-sex housing to individuals of the
designated biological sex;
clarifies that such restriction is not unlawful discrimination under the Utah Fair Housing
Act; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-21-2
, as last amended by Laws of Utah 2015, Chapter 13
57-21-4
, as last amended by Laws of Utah 1993, Chapter 114
57-21-5
, as last amended by Laws of Utah 2015, Chapter 13
80-3-204
, as last amended by Laws of Utah 2025, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
57-21-2
is amended to read:
57-21-2
. Definitions.
As used in this chapter:
(1)
"Affiliate" means the same as that term is defined in Section
16-6a-102
.
(2)
"Aggrieved person" includes a person
"Aggrieved individual" means an individual
who:
(a)
claims to have been injured by a discriminatory housing practice; or
(b)
believes that the
person
individual
will be injured by a discriminatory housing
practice that is about to occur.
(3)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(3)
(4)
"Commission" means the Labor Commission.
(4)
(5)
"Complainant" means an aggrieved
person
individual
, including the director, who
has commenced
commences
a complaint with the division.
(5)
(6)
"Conciliation" means the attempted resolution of an issue raised in a complaint of
discriminatory housing practices by the investigation of the complaint through informal
negotiations involving the complainant, the respondent, and the division.
(6)
(7)
"Conciliation agreement" means a written agreement setting forth the resolution of
the issues in conciliation.
(7)
(8)
"Conciliation conference" means the attempted resolution of an issue raised in a
complaint or by the investigation of a complaint through informal negotiations involving
the complainant, the respondent, and the division
. The conciliation conference
which

is not subject to
Title 63G, Chapter 4, Administrative Procedures Act
.
(8)
(9)
"Covered multifamily dwelling" means:
(a)
a building consisting of four or more dwelling units if the building has one or more
elevators; and
(b)
the ground floor units in other buildings consisting of four or more dwelling units.
(9)
(10)
"Director" means the director of the division or
a
the director's
designee.
(10)
(11)
(a)
"Disability" means a physical or mental impairment that substantially
limits
one or more of a person's
an individual's
major life activities, including
a
person
an individual
having a record of such an impairment or being regarded as
having such an impairment.
(b)
"Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
U.S.C. Sec. 802.
(11)
(12)
"Discriminate" includes segregate or separate.
(12)
(13)
"Discriminatory housing practice" means an act that is unlawful under this
chapter.
(13)
(14)
"Division" means the Division of Antidiscrimination and Labor established
under the commission.
(14)
(15)
"Dwelling" means:
(a)
a building or structure, or a portion of a building or structure, occupied as, designed
as, or intended for occupancy as a residence of one or more families; or
(b)
vacant land that is offered for sale or lease for the construction or location of a
dwelling as described in Subsection
(14)(a)
(15)(a)
.
(15)
(16)
(a)
"Familial status" means one or more individuals who have not attained the
age of
18 years
18 years old
being domiciled with:
(i)
a parent or another person having legal custody of the one or more individuals; or
(ii)
the designee of the parent or other person having custody, with the written
permission of the parent or other person.
(b)
The protections afforded against discrimination on the basis of familial status apply
to a person who:
"Familial status" includes protections afforded against
discrimination of an individual who:
(i)
is pregnant;
(ii)
is in the process of securing legal custody of any individual who has not attained
the age of 18 years
; or
(iii)
is a single individual.
(16)
(17)
"Gender identity" has the
same
meaning
as
provided in the Diagnostic and
Statistical Manual (DSM-5)
. A person's gender identity can be shown
which an
individual may show
by providing evidence, including
, but not limited to,
:
(a)
medical history
,
;

(b)
care or treatment of the gender identity
,
;

(c)
consistent and uniform assertion of the gender identity
,
;
or
(d)
other evidence that the gender identity is sincerely held, part of
a person's
the
individual's
core identity, and
not being
asserted for
an improper
a proper
purpose.
(17)
(18)
"National origin" means the place of birth of an individual or of any lineal
ancestors.
(18)
"Person" includes one or more individuals, corporations, limited liability companies,
partnerships, associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases
under the United States Bankruptcy Code, receivers, and fiduciaries.
(19)
"Presiding officer" has the same meaning as provided in Section
63G-4-103
.
(20)
"Real estate broker" or "salesperson"
"Real estate broker or salesperson"
means a
principal broker, an associate broker, or a sales agent as those terms are defined in
Section
61-2f-102
.
(21)
"Respondent" means a person against
whom
which
a complaint of housing
discrimination
has been
is
initiated.
(22)
"Sex" means gender and includes pregnancy, childbirth, and disabilities related to
pregnancy or childbirth.
(23)
"Sexual orientation" means an individual's actual or perceived orientation as
heterosexual, homosexual, or bisexual.
(24)
"Single-sex housing" means housing accommodations designated for occupancy
exclusively by individuals of the same biological sex at birth, where residents share a
bedroom or a bathroom.
(24)
(25)
"Source of income" means the verifiable condition of being a recipient of federal,
state, or local assistance, including medical assistance, or of being a tenant receiving
federal, state, or local subsidies, including rental assistance or rent supplements.
Section 2. Section
57-21-4
is amended to read:
57-21-4
. Conduct and requirements excluded -- Defenses.
(1)
Except as provided in
Subsection
57-21-5(4)
Subsections
57-21-5(4)
and
(5)
, this
chapter does not:
(a)
require
any
a
person to exercise a higher degree of care toward
a person
an
individual
who has a disability than toward
a person
an individual
who does not
have a disability;
(b)
relieve
any person
a person
of
obligations
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
a person
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
this
a
defense
is upon the respondent

in accordance with Subsection
(2)(a)
.
Section 3. Section
57-21-5
is amended to read:
57-21-5
. Discriminatory practices enumerated -- Protected individuals, classes
enumerated.
(1)
It is a discriminatory housing practice to do any of the following because of
a person's
an individual's
race, color, religion, sex, national origin, familial status, source of
income, disability, sexual orientation, or gender identity:
(a)
(i)
refuse to sell or rent after the making of a bona fide offer;
(ii)
refuse to negotiate for the sale or rental; or
(iii)
otherwise deny or make unavailable a dwelling from any person;
(b)
discriminate against
a person
an individual
in the terms, conditions, or privileges:
(i)
of the sale or rental of a dwelling; or
(ii)
in providing facilities or services in connection with the dwelling; or
(c)
represent to
a person
an individual
that a dwelling is not available for inspection,
sale, or rental when the dwelling is available.
(2)
It is a discriminatory housing practice to make a representation orally or in writing or
make, print, circulate, publish, post, or cause to be made, printed, circulated, published,
or posted any notice, statement, or advertisement, or to use any application form for the
sale or rental of a dwelling, that directly or indirectly expresses any preference,
limitation, or discrimination based on race, color, religion, sex, national origin, familial
status, source of income, disability, sexual orientation, or gender identity, or expresses
any
an
intent to make
any
such
a
preference, limitation, or discrimination.
(3)
It is a discriminatory housing practice to induce or attempt to induce, for profit, a person
to buy, sell, or rent a dwelling by making a representation about the entry or prospective
entry into the neighborhood of
persons
individuals
of a particular race, color, religion,
sex, national origin, familial status, source of income, disability, sexual orientation, or
gender identity.
(4)
A discriminatory housing practice includes:
(a)
a refusal to permit, at the expense of the
person
individual
with a disability,
reasonable modifications of existing premises occupied or to be occupied by the
person
individual
if the modifications are necessary to afford that
person
individual

full enjoyment of the premises, except that in the case of a rental, the landlord, where
it is reasonable to do so, may condition permission for a modification on the renter
agreeing to restore the interior of the premises, when reasonable, to the condition that
existed before the modification, reasonable wear and tear excepted;
and
(b)
a refusal to make a reasonable accommodation in a rule, policy, practice, or service
when the accommodation may be necessary to afford the
person
individual
equal
opportunity to use and enjoy a dwelling
; and
.
(c)
(5)
in connection with
For
the design and construction of
a
covered multifamily
dwellings
dwelling
for first occupancy after March 13, 1991, a
discriminatory housing
practice includes the
failure to design and construct the covered multifamily
dwellings
dwelling
in a manner that
:
has at least one building entrance on an accessible route,
unless it is impracticable to have one because of the terrain or unusual characteristics of
the site, and for a covered multifamily dwelling
with a building entrance on an
accessible route:
(i)
the covered multifamily dwellings have at least one building entrance on an
accessible route, unless it is impracticable to have one because of the terrain or
unusual characteristics of the site; and
(ii)
with respect to covered multifamily dwellings with a building entrance on an
accessible route:
(A)
(a)
the public use and common use portions of the covered multifamily dwelling
are readily accessible to and usable by
a person
an individual
with a disability;
(B)
(b)
all the doors designed to allow passage into and within the covered multifamily
dwellings are sufficiently wide to allow passage by
a person
an individual
with a
disability who is in a wheelchair; and
(C)
(c)
all premises within the covered multifamily dwellings contain the following
features of adaptive design:
(I)
(i)
an accessible route into and through the covered multifamily dwelling;
(II)
(ii)
light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(III)
(iii)
reinforcements in the bathroom walls to allow later installation of grab
bars; and
(IV)
(iv)
kitchens and bathrooms such that an individual in a wheelchair can
maneuver about and use the space.
(5)
(6)
(a)
This section also applies to discriminatory housing practices because of race,
color, religion, sex, national origin, familial status, source of income, disability,
sexual orientation, or gender identity based upon
a person's
an individual's

association with another
person
individual
.
(b)
(i)
It is not unlawful discrimination under this chapter for a landlord, lessor, or
property manager to:
(A)
designate housing as single-sex housing; and
(B)
limit occupancy of single-sex housing to individuals whose biological sex at
birth matches the designated sex for the single-sex housing.
(ii)
Subsection (6)(b)(i) applies to:
(A)
a dormitory, a boarding house, a shared rental property, or other group-living
accommodation; and
(B)
a private landlord and a property owner.
(iii)
This exemption does not apply to:
(A)
housing that the state or a political subdivision owns or operates unless
otherwise expressly provided by law; or
(B)
housing where the designation as single-sex housing would violate federal law
or a condition of federal funding.
Section 4. Section
80-3-204
is amended to read:
80-3-204
. Protective custody of a child after a petition is filed -- Grounds.
(1)
When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply,
in addressing the petition, the least restrictive means and alternatives available to
accomplish a compelling state interest and to prevent irretrievable destruction of family
life as described in Subsections
80-2a-201(1)
and
(7)(a)
and Section
80-4-104
.
(2)
After an abuse, neglect, or dependency petition is filed, if the child who is the subject of
the petition is not in protective custody, a juvenile court may order that the child be
removed from the child's home or otherwise taken into protective custody if the juvenile
court finds, by a preponderance of the evidence, that any one or more of the following
circumstances exist:
(a)
(i)
there is an imminent danger to the physical health or safety of the child; and
(ii)
the child's physical health or safety may not be protected without removing the
child from the custody of the child's parent or guardian;
(b)
(i)
a parent or guardian engages in or threatens the child with unreasonable
conduct that causes the child to suffer harm; and
(ii)
there are no less restrictive means available by which the child's emotional health
may be protected without removing the child from the custody of the child's
parent or guardian;
(c)
the child or another child residing in the same household has been, or is considered
to be at substantial risk of being, physically abused, sexually abused, or sexually
exploited, by a parent or guardian, a member of the parent's or guardian's household,
or other individual known to the parent or guardian;
(d)
the parent or guardian is unwilling to have physical custody of the child;
(e)
the child is abandoned or left without any provision for the child's support;
(f)
a parent or guardian who has been incarcerated or institutionalized has not arranged
or cannot arrange for safe and appropriate care for the child;
(g)
(i)
a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(ii)
the whereabouts of the parent or guardian are unknown; and
(iii)
reasonable efforts to locate the parent or guardian are unsuccessful;
(h)
subject to Subsection
80-1-102(58)(b)
and Sections
80-3-109
and
80-3-304
, the child
is in immediate need of medical care;
(i)
(i)
a parent's or guardian's actions, omissions, or habitual action create an
environment that poses a serious risk to the child's health or safety for which
immediate remedial or preventive action is necessary; or
(ii)
a parent's or guardian's action in leaving a child unattended would reasonably
pose a threat to the child's health or safety;
(j)
the child or another child residing in the same household has been neglected;
(k)
the child's parent:
(i)
intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(ii)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(iii)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(l)
an infant is an abandoned infant, as defined in Section
80-4-203
;
(m)
(i)
the parent or guardian, or an adult residing in the same household as the parent
or guardian, is charged or arrested pursuant to
Title 58, Chapter 37d, Clandestine
Drug Lab Act
; and
(ii)
any clandestine laboratory operation was located in the residence or on the
property where the child resided; or
(n)
the child's welfare is otherwise endangered.
(3)
(a)
For purposes of Subsection
(2)(a)
, if a child has previously been adjudicated as
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
dependency occurs involving the same substantiated abuser or under similar
circumstance as the previous abuse, that fact is prima facie evidence that the child
cannot safely remain in the custody of the child's parent.
(b)
For purposes of Subsection
(2)(c)
:
(i)
another child residing in the same household may not be removed from the home
unless that child is considered to be at substantial risk of being physically abused,
sexually abused, or sexually exploited as described in Subsection
(2)(c)
or
Subsection
(3)(b)(ii)
; and
(ii)
if a parent or guardian has received actual notice that physical abuse, sexual
abuse, or sexual exploitation by an individual known to the parent has occurred,
and there is evidence that the parent or guardian failed to protect the child, after
having received the notice, by allowing the child to be in the physical presence of
the alleged abuser, that fact is prima facie evidence that the child is at substantial
risk of being physically abused, sexually abused, or sexually exploited.
(4)
(a)
For purposes of Subsection
(2)
, if the division files an abuse, neglect, or
dependency petition, the juvenile court shall consider the division's safety and risk
assessments described in Section
80-2-403
to determine whether a child should be
removed from the custody of the child's parent or guardian or should otherwise be
taken into protective custody.
(b)
The division shall make a diligent effort to provide the safety and risk assessments
described in Section
80-2-403
to the juvenile court, guardian ad litem, and counsel
for the parent or guardian, as soon as practicable before the shelter hearing described
in Section
80-3-301
.
(5)
In the absence of one of the factors described in Subsection
(2)
, a juvenile court may not
remove a child from the parent's or guardian's custody on the basis of:
(a)
educational neglect, truancy, or failure to comply with a court order to attend school;
(b)
mental illness or poverty of the parent or guardian;
(c)
disability
, as defined in Section
57-21-2
,
of the parent or guardian
, as defined in
Section
57-21-2
; or
(d)
the possession or use, in accordance with
Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis
, of cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, or a medical cannabis device, as those terms are
defined in Section
26B-4-201
.
(6)
A child removed from the custody of the child's parent or guardian under this section
may not be placed or kept in detention, unless the child may be admitted to detention
under
Chapter 6, Part 2, Custody and Detention
.
(7)
This section does not preclude removal of a child from the child's home without a
warrant or court order under Section
80-2a-202
.
(8)
(a)
Except as provided in Subsection
(8)(b)
, a juvenile court and the division may not
remove a child from the custody of the child's parent or guardian on the sole or
primary basis that the parent or guardian refuses to consent to:
(i)
the administration of a psychotropic medication to a child;
(ii)
a psychiatric, psychological, or behavioral treatment for a child; or
(iii)
a psychiatric or behavioral health evaluation of a child.
(b)
Notwithstanding Subsection
(8)(a)
, a juvenile court or the division may remove a
child under conditions that would otherwise be prohibited under Subsection
(8)(a)
if
failure to take an action described under Subsection
(8)(a)
would present a serious,
imminent risk to the child's physical safety or the physical safety of others.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 11:27 AM