New Proposed
HUD Equal Access Rule
Dear Colleagues,
HUD has released the anticipated proposed rule that would significantly revise Equal Access regulations across HUD-funded programs, including Continuum of Care (CoC). The rule is not yet final and is open for public comment through June 29, 2026. Current HUD rules remain in effect unless and until a final rule is issued. The changes potentially conflict with local/state nondiscrimination laws.
Key Proposed Changes
- Removes references to “gender identity” from HUD regulations and replace them with a definition of “sex” based on biological sex
- “Sex” is defined as a person’s biological classification at birth (male or female), determined by reproductive anatomy and related biological characteristics.
- Revises requirements for single-sex facilities, including emergency shelters, to allow providers to determine access based on sex as defined in the rule
- Providers could request “reasonable assurances or evidence” of a person’s sex in certain circumstances.
- The proposal would apply broadly across HUD programs, including CoC- and ESG-funded projects.
Clarification on “Reasonable Assurances or Evidence”
- The proposed rule does not provide a detailed or exhaustive list of what constitutes acceptable “reasonable assurance or evidence.”
- It indicates that providers may seek some form of verification where appropriate, but leaves significant discretion to providers to determine what is reasonable.
To submit a comment, click here. You may view the text of the proposed changes (Document Details), view submitted comments (Document Comments), and/or click the blue Comment (at the link above) field to submit your comment.
Sincerely,
CT BOS Team