The Equal Access Rule ensures all individuals can access temporary housing. Federal officials aim to exclude LGBTQ Texans from this lifeline.

The Department of Housing and Urban Development (HUD) has released a set of proposed rule changes that, if passed, will have a significant negative impact on LGBTQ Texans. Texas Housers, Equality Texas, and Resource Center are choosing to act and additionally we’re sharing an opportunity for others to do so.

The Equal Access Rule ensures that HUD’s housing programs are available to all eligible individuals and families, regardless of family composition, sexual orientation, gender identity, or marital status. This rule is currently in place and is actively preventing discrimination in a variety of spaces, including those seeking shelter or accessing housing resources.

Plainly stated, the Equal Access Rule works and keeps those who are seeking shelter and safety protected. However, HUD officials under the Trump Administration have now proposed changes that will not only endanger individuals and families looking for shelter access, but would seek to turn away LGBTQ individuals who are nonconforming to newly imposed standards, spiking homelessness.

Below are the proposed changes

  • Removes definitions of gender identity and sexual orientation, replaces it with “sex” and defines female, male, man, woman, girl, boy, mother, and father. Removes the word gender across HUD regulations and replaces it with “sex”. Removes language in definitions of family and household that protect LGBTQ families.
  • Removes protections for trans individuals seeking HUD CPD-funded shelter or services. Mandates that individuals be admitted to facilities with shared sleeping or bathing facilities based on their sex, gives providers the “flexibility” to require “reasonable assurances or evidence to establish a person’s sex”. States that it preempts state and local law and that not complying risks federal funds.
  • Removes protection against discrimination based on actual or perceived sexual orientation or gender identity in HUD-subsidized or -insured housing and instead allows protections based on sex or marital status.
  • Impacts HUD CPD programs and HUD-assisted or -insured housing.
    • HUD CPD programs: Include Emergency Solutions Grants (ESG), Continuum of Care (CoC), and Housing Opportunities for People with AIDS/HIV (HOPWA) – a lot of sources of federal funding for shelters. Full list of CPD programs here.
    • HUD-assisted or -insured housing: Includes Public Housing Authority programs like Public Housing and Housing Choice Vouchers, as well as privately-managed properties that receive place-based rental subsidies or below-market insurance from HUD.

While these changes could endanger LGBTQ individuals and their families, they are still only being considered. This is the moment when you can voice your concerns. Our partners at Advocates for Trans Equality (A4TE) have created a simple Equal Access Rule info and comment toolkit. Here, you can enter your information, share your thoughts, and with a simple click, you have submitted comments on this rule in less than 5 minutes.

And if you still would like to act after submitting comments, there are many other ways to help as well, including contributing to specialized shelters — like Thrive Youth Center in San Antonio, Montrose Center in Houston, and Resource Center in Dallas to name a few — that are doing the work to help LGBTQ folks seeking help at a time of great need.

The last day to submit comments on this proposed rule change is June 29. This Pride Month, show your solidarity with LGBTQ individuals and families and share your voice to keep all Texans safely housed.

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