Secretary Scott Turner recently directed U.S. Department of Housing and Urban Development (HUD) staff to halt any pending or future enforcement actions related to HUD’s 2016 Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs Rule.
Importantly, the Equal Access Rule is still in effect, as the recission of the rule is neither legal nor enforceable until HUD formally withdraws it via the rulemaking process. Advocates can begin taking steps today to defend the progress made by the Equal Access Rule, in particular the ability of and gender-expansive people (i.e., transgender people, non-binary people, or those who do not uniformly identify as “female” or “male”) to access services in the homelessness response system.
The Origins of the Equal Access Rule
The Equal Access Rule, published in 2012 and updated in 2016, requires all programs administered by HUD’s Office of Community Planning and Development to serve individuals in accordance with their gender identity.
The purpose of this rule is to ensure that HUD-funded programs serve people how they show up without forcing them to prove their gender identity in ways that would make them feel demeaned, threatened, or rejected. HUD recognized the necessity of this rule, given the significant barriers and discrimination faced by gender-expansive persons when accessing crucial resources (such as shelters).
Current Threats to Gender-Expansive People
At a time when unsheltered homelessness is soaring and when gender-expansive people are experiencing shocking disparities in unsheltered homelessness, communities can’t afford to create any additional barriers to shelter and programs. Transgender individuals are more likely to experience homelessness and are more likely to be turned away or placed in programs inappropriately. Nearly one-third of transgender individuals have experienced homelessness in their lives, and nearly four percent of unaccompanied youth experiencing homelessness identify as transgender or gender-questioning — a rate four times as high as adult-only households.
Without access to shelter, these individuals are more likely to experience unsheltered homelessness, making them even more vulnerable to violence, especially hate crimes. Further, 60 percent of transgender individuals who are sleeping outside meet the criteria for tri-morbidity (co-occurring physical, mental and substance use disorders), as opposed to four percent for those in shelter, making access to shelter even more critical.
The Alliance strongly opposes the directive from Secretary Turner to halt any pending or future enforcement actions of the Equal Access Rule and any future steps to weaken or repeal this lifesaving rule. And despite HUD’s decision to stop enforcement, the Equal Access Rule continues to be the law of the land.
Call to Action
When the last Trump Administration proposed anti-transgender changes to the 2016 Equal Access Rule, a group of advocates from both the housing and LGBTQ+ spheres launched a successful campaign during the 60-day comment period (for changes to federal rules, agencies must conduct a public comment period in which individuals and organizations can weigh on the impact of the change).
This effort in 2020 successfully mobilized people and organizations across the country to submit a historic 66,000 comments to HUD, the largest comment campaign ever on a HUD regulation. And the result? The proposed rule change was never finalized, and ultimately, was withdrawn by the Biden Administration.
In this moment, the Alliance and its partners stand ready to replicate that historic energy and do even more to defend the Equal Access Rule. We must all maintain the progress made in protecting our gender expansive neighbors experiencing homelessness.
Here are some ways you can make a difference:
- Identifying partners in your community who can submit public comments. In particular, think about strategic partners who can lend different kinds of credibility to the issue –i.e., elected officials, faith-based organizations, and/or domestic violence providers.
- Identifying narratives to share in your public comment: how has the Equal Access Rule positively impacted the people you serve, your organization, and the greater community? What are the risks of any attempt to weaken this rule? How will your programs be impacted and the community at large?
Looking Ahead
Over the last decade, the field has made great progress in providing gender-affirming resources and care to all people experiencing homelessness, working to reduce deadly disparities.
The Alliance stands ready to work with partners across the country to defend the Equal Access Rule and all transgender and non-binary people from any attempts to legalize discrimination, create additional barriers, and place lives at risk.