Senate panel advances bill allowing single‑sex designations for shared rooms; critics cite Fair Housing conflicts

Representative Schallenberger presented House Bill 404 to expand the legislature’s prior "designated housing" rules to certain off‑campus private housing that features shared intimate spaces (shared bedrooms or bathrooms). The sponsor said the bill would permit landlords to designate such units by birth sex for shared intimate spaces and argued the change responds to real incidents reported at campus‑adjacent properties.

Opponents, including Zoe Newman of the Utah Housing Coalition and Caitlin Hanegg (testifying online), said the measure appears to conflict with the Federal Fair Housing Act and HUD guidance, and they warned it would create legal ambiguity and potential liability for landlords, who might be left to adopt intrusive verification practices. Hanegg cited Bostock v. Clayton County (U.S. Supreme Court) and HUD guidance as part of her concern about how federal law might apply.

The sponsor said attorneys and stakeholder groups (including Equality Utah) were consulted and that the bill is narrowly tailored to shared intimate spaces and incorporates exemptions the sponsor believes have been upheld in other cases. Several committee members said they were concerned by legal uncertainty but were persuaded the bill addresses a narrow class of roommate/shared‑space arrangements where privacy concerns are acute. The committee voted 7–1 to give HB404 a favorable recommendation, with Senator Pitcher recorded in opposition.

The bill will proceed to the Senate floor; the sponsor and members noted the potential for federal regulatory review or litigation and said they expect further legal scrutiny as the measure advances.