HB 404 — Sex-Designated Housing Amendments

02-10Enrolled 14:19Copy H.B.

404 Sex-DesignatedSex-designated Housing Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

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 H 80-3-204, as last amended by Laws of Utah 2025, Chapter 426 BBe .it enacted by the Legislature of the state of Utah:

BeSection it1. enacted by the Legislature of the state of Utah:

0 Section 1.

4H.B. 57-21-2 .

404 Enrolled Copy 57-21-2 .

H.B.(2) ["Aggrieved person" includes a person] "Aggrieved individual" means an individual who:

404 02-10 14:19 (2) ["Aggrieved person" includes a person] "Aggrieved individual" means an individual who:

[(12)] (13) "Discriminatory housing practice" means an act that is unlawful under this chapter.- 2 - Enrolled Copy H.B.

404 chapter.

-[(14)] 2(15) -"Dwelling" 02-10means: 14:19 H.B.

404 [(14)] (15) "Dwelling" means:

[(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)- "Presiding3 officer"- hasH.B. the same meaning as provided in Section 63G-4-103.

(20)404 ["RealEnrolled estateCopy broker"(19) or"Presiding "salesperson"]officer" "Realhas estatethe brokersame ormeaning salesperson" means a principal broker, an associate broker, or a sales agent as thoseprovided terms are defined in -Section 363G-4-103. - H.B.

404(20) 02-10["Real 14:19estate 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.

Section- 3.4 - Enrolled Copy H.B.

404 Section 3.

-(1) 4It -is 02-10a 14:19discriminatory H.B.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:

404 (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:

and (b)- a5 refusal- toH.B. 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[;

404 Enrolled Copy (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[;

-[(c)] 5(5) -[in H.B.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:

404 02-10 14:19 [(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:

(b)(i) It is not unlawful discrimination under this chapter for a landlord, lessor, or property- manager6 to:- Enrolled Copy H.B.

404 property manager to:

and (B) limit occupancy of single-sex housing to individuals whose biological sex at -birth 6matches -the 02-10designated 14:19sex H.B.for the single-sex housing.

404(ii) birthSubsection matches(6)(b)(i) theapplies designatedto: sex for the single-sex housing.

(ii) Ĥ→ [Section (5)(b)(i)] Section (6)(b)(i) ←Ĥ applies to:

(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,- by7 a- parentH.B. or guardian, a member of the parent's or guardian's household, or other individual known to the parent or guardian;

404 Enrolled Copy 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;

-(e) 7the -child H.B.is abandoned or left without any provision for the child's support;

404 02-10 14:19 (e) the child is abandoned or left without any provision for the child's support;

(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 - 8 - 02-10Enrolled 14:19Copy H.B.

404 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.

(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.

404 02-10Enrolled 14:19Copy (7)(6) ThisA sectionchild doesremoved notfrom precludethe removalcustody of athe childchild's fromparent theor child'sguardian homeunder withoutthis asection warrantmay not be placed or courtkept orderin detention, unless the child may be admitted to detention under SectionChapter 80-2a-202.6, 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.