On April 28th, the U.S. Department of Housing & Urban Development (HUD) announced a proposed rule change that would effectively eliminate the Equal Access Rule (EAR). Established in 2012, the EAR currently requires HUD-assisted housing and programs to be made available to individuals and families regardless of their actual – or perceived – sexual orientation, gender identity, or marital status. In the 10+ years since its adoption, the EAR has provided incredibly important protections for members of the LGBTQ+ community and their families in HUD-assisted housing, homeless services, and other programs.
About the Proposed Rule Change
The proposed changes to the EAR would force service providers to recognize an individual’s “biological [sex] classification” only – rather than allowing people the dignity of seeking housing resources or emergency shelter options that align with their gender identity. The rule change would also strike any references to “actual or perceived sexual orientation” with regards to non-discrimination protections in HUD-assisted programs.
You can read the full text of the proposed rule change via the Federal Register.
Why Does the Equal Access Rule Matter?
Research has shown that approximately 40% of homeless youth identify as LGBTQ+, and Black LGBTQ+ youth are far more likely to experience being unhoused. Similarly, one in three transgender individuals will experience homelessness during their lifetimes. Many trans and gender expansive people already report feeling unsafe and/or experiencing harassment in emergency shelter environments.
The proposed HUD rule change would also threaten the ability of survivors of sexual and domestic violence – among whom LGBTQ+ people are overrepresented – to seek safety, shelter, and other resources.
How to Take Action
The public comment period on this proposed rule change is open through June 29th, 2026. Please see the links below for resources to assist you in drafting your comments. And be sure to share this public comment opportunity with others in your network and community – it is especially important for HUD to hear from providers of housing and homeless services, as well as individuals and families who would be impacted by the proposed changes to the Equal Access Rule.
Resources
- Tell HUD: Protect the Equal Access Rule! → a digital resource toolkit from Advocates for Trans Equality
- HUD’s Equal Access Rule → in-depth analysis and resources from the National Alliance to End Homelessness
- NLIHC Memo to Members writeup → a listing of other resources from the National Low Income Housing Coalition