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Committee advances bill allowing narrowly defined single‑sex private housing designations amid heated testimony
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Summary
Representative Shallenberger’s HB 4046 would let landlords or shared‑housing operators advertise and screen for single‑sex occupancy based on birth sex in narrowly defined shared-living settings; testimony flagged potential conflicts with the federal Fair Housing Act and urged stronger notice requirements. The committee passed the bill with a favorable recommendation (recorded in the transcript as 10‑3).
Representative Shallenberger told the House Business, Labor and Commerce Committee that House Bill 4046 is a narrow expansion of prior legislation covering public university dormitories to a limited set of private, shared‑living arrangements. "If it's advertised as an all female housing or all male housing ... the intent is that you were born as a woman or you were born as a male," the sponsor said, describing the draft as targeted toward dormitories, boarding houses and other group living accommodations with shared intimate spaces.
Committee members pressed the sponsor on legal risks and disclosure. Representative Ivory asked whether the change would make a Sunrise review voluntary; sponsor and counsel said the bill makes sunrise review optional. Members sought clarity on how the bill interacts with federal law and conditions on federal funding, including mortgages guaranteed by Fannie Mae and Freddie Mac. Legal counsel told the committee that federal law (HUD/Fair Housing Act) contains limited exemptions for shared living arrangements and owner‑occupied small buildings, and that the proposed statutory language attempts to track those exceptions.
Public comment drew 11 speakers. Supporters said the bill protects property‑owner choice and privacy; Delaine England (United Women's Forum / Eagle Forum) told the committee the bill "protects the rights and sovereignty of property owners." Opponents — including Equality Utah, the Utah Housing Coalition, Crossroads Urban Center and multiple transgender residents — warned that the changes risked conflicting with the Fair Housing Act, exposing landlords to federal litigation, and worsening housing instability for transgender people. Zoe Newman of the Utah Housing Coalition said the bill "directly conflicts with the Federal Fair Housing Act" and could expose tenants and landlords to legal liability.
Committee action: the committee adopted a technical amendment correcting a statutory reference and debated substitute motions and a motion to hold. The motion to hold failed; the committee ultimately passed HB 4046 with a favorable recommendation by recorded vote (transcript reports a 10‑3 result). Several committee members asked the sponsor to return with tightened disclosure/notice language, and the sponsor agreed to work with colleagues on a notice requirement as the bill advances.
Next steps: HB 4046 moves on with a favorable recommendation; sponsors and stakeholders expect further drafting on notice, communication requirements and federal preemption issues.
