The Department of Housing and Urban Development recently announced a proposed rule, Making Admission or Placement Determinations Based on Sex in facilities Under Community Planning and Development Housing Programs (Docket No. fR-6152-P-O1), which makes modification to the 2016 portion of the Equal Access rule. The Equal Access rule requires all HUD funded housing services to be provided without discrimination based on sexual orientation or gender identity. The new rule allows shelter providers that lawfully operate as single-sex or sex-segregated facilities to voluntarily establish a policy that will govern admissions determinations for situations when an individual’s gender identity does not match their biological sex. Each shelter’s policy is required to be consistent with state and local law, must not discriminate based on sexual orientation or transgender status, and may incorporate practical considerations of shelter providers that often operate in difficult conditions.
The Making Admission or Placement Determinations Based on Sex in facilities Under Community Planning and Development Housing Programs proposed rule is attached and can be found here.