HUD’s Equal Access Rule

Background

In 2016, HUD published a final rule in the Federal Register, entitled “Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs” (commonly known as the “Equal Access Rule”). This rule provided guidance to further ensure that individuals can receive equal access in housing and shelter funded under Office of Community Planning and Development (CPD)-administered programs, in accordance with their gender identity.  

The Equal Access Rule requires recipients of HUD’s CPD funding — as well as owners, operators, and managers of shelters, and other facilities and providers of services funded by any CPD program — to grant equal access to such facilities and services in accordance with an individual’s gender identity. The Rule also requires that these services be provided in a manner that affords equal access to the individual’s family. 

The 2016 Equal Access Rule, updated from its 2012 iteration, was very explicit in this mandate that access to shelter and housing must conform with, and adhere to, an individual’s self-expressed gender identity. It builds upon HUD’s 2012 “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” rule, which concluded that further research was needed on how best to accommodate transgender and gender non-conforming people when there are shared sleeping quarters or bathing facilities. 

Current Status

Equal Access Rule protections are currently under threat. An Executive Order in January 2025 directed HUD to conduct rulemaking to rescind the updated 2016 Equal Access Rule. In February, Secretary Scott Turner recently directed HUD staff to halt any pending or future actions to enforce the rule. 

Importantly, until formally withdrawn through the rulemaking and public comment process, the Equal Access Rule remains in effect. Regardless, the Alliance encourages the field to continue to create safe and welcoming environments through programs that support gender-expensive households — and all program participants — through person-centered strategies. 

Resources

The Alliance seeks to help decisionmakers at all levels of government understand the critical importance of the universal protections afforded by the Equal Access Rule, particularly for gender-expansive communities.

The following resources are intended to help advocates and providers have a better understanding of the Equal Access Rule. 

Educational Materials

The following resources can help providers better understand the core components of the Equal Access Rule. 

Alliance Webinar | Defending the Equal Access Rule: Supporting Vulnerable Clients and Preserving Universal Protections

Ways to Get Involved

• Gather Stories: If you or someone you know has faced barriers accessing shelter and housing resources based on gender identity, sexual orientation, or marital status — or has benefited from more equal access to housing and services — please fill out a questionnaire created by partners at SAGE, which serves LGBTQIA+ older adults.  

• Identify Partners: Think about strategic partners in your community (i.e., elected officials, faith-based organizations, and/or domestic violence and sexual assault response service providers) who can lend different kinds of credibility to the issue and who be willing to submit a public comment. 

• Educate Your Community: Start conversations with your staff, board, volunteers, and key decision makers in your community to educate them about the importance of this rule.  

• Codify Protections in Your Community: Municipalities and states across the country should step up to protect access to housing and homelessness resources for all people. National partners are working on ways to support advocates at the local and state levels to help introduce proactive and protective legislation to serve gender-expansive people. Right now, you can identify legal gaps in your communities, including through reviewing state-by-state housing non-discrimination laws for LGBTQIA+ people.