Higher education student housing

(1) As used in this section: (a) "Degree-granting institution" means the same as that term is defined in Section 53H-1-101. (b) "Dwelling unit" means the same as that term is defined in Section 15A-5-102. (c) "Student housing" means housing that a degree-granting institution publicly owns or controls. (2) To preserve the individual privacy of males and females, a degree-granting institution that provides student housing may only rent to, assign, or otherwise place an individual in a dwelling unit that is sex-designated within the institution's student housing if the individual's sex corresponds with the sex designation of the dwelling unit within the institution's student housing. (3) An individual may use the following evidence as a defense against an allegation that the individual is not eligible for renting, assignment, or placement in a sex-designated dwelling unit under Subsection (2): an individual's unamended birth certificate that corresponds with the sex designation of the dwelling unit, which may be supported with a review of any amendment history obtained under Section 26B-8-125. (4) Subsection (2) does not apply to: (a) dwelling units within student housing that the institution designates as unisex or single-occupant; or (b) an intersex individual. (5) Nothing in this section prohibits a degree-granting institution from offering a dwelling unit in student housing that is not sex-designated if the institution only assigns or places an individual in the dwelling unit who seeks a dwelling unit that is not sex-designated.