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HUD Publishes Final Rule: Equal Access in Accordance with an Individual's Gender Identity in CPD Programs

September 20, 2016 Print ShareThis

The U.S. Department of Housing and Urban Development (HUD) today published a final rule to ensure that all individuals have equal access to many of the Department’s core shelter programs in accordance with their gender identity. Read HUD’s new “Gender Identity Rule.”

Following what had previously been encouraged practice by HUD, providers that operate single-sex projects using funds awarded through the Department’s Office of Community Planning and Development (CPD) will now be required to provide all individuals, including transgender individuals and other individuals who do not identify with the sex they were assigned at birth, with access to programs, benefits, services, and accommodations in accordance with their gender identity without being subjected to intrusive questioning or being asked to provide documentation.

HUD’s new rule will require a recipient, subrecipient, or provider to establish, amend, or maintain program admissions, occupancy, and operating policies and procedures (including policies and procedures to protect individuals’ privacy and security), so that equal access is provided to individuals based on their gender identity. This requirement includes tenant selection and admission preferences.

HUD understands that in many communities this will require staff training and changes to program design, and we have published a suite of technical assistance materials on the LGBT Homelessness Page on the HUD Exchange to help providers adopt these best practices and determine whether they have done so successfully. In the meantime, if you need assistance, please submit a question to the Ask A Question (AAQ) portal to request policy clarification or guidance. Select the appropriate program - CoC: Continuum of Care, ESG: Emergency Solutions Grants, or HOPWA: Housing Opportunities for Persons With AIDS - and enter “Equal Access Rule” for the subject. You can also find additional information on requirements related to Equal Access to housing that are already in place and resources for implementing those requirements on the HUD Exchange Equal Access to Housing Final Rule page.

Tags: CoC ESG Homelessness Assistance Programs HOPWA