1. (1) A municipality may only regulate a residential facility for persons with disabilities to the extent allowed by:

   1. (a) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;
   2. (b) the Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., and applicable jurisprudence; and
   3. (c) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.

2. (2) The responsibility to license programs or entities that operate facilities for persons with disabilities, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Health and Human Services as provided in:

   1. (a) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
   2. (b) Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities.

Renumbered and Amended by Chapter 15, 2025 Special Session 1