In a significant policy shift, HUD Secretary Scott Turner has directed the U.S. Department of Housing and Urban Development (HUD) to halt enforcement of the 2016 Equal Access rule. This decision marks a return to policies based on biological sex. It applies to HUD-funded shelters and housing programs, reversing prior protections for transgender individuals under the Equal Access Rule.

Understanding the Equal Access Rule

The Equal Access Rule was initially published in 2012. It prohibits discrimination in HUD-funded housing and shelter programs based on sexual orientation, gender identity, or marital status. In 2016, the rule was expanded. It allowed individuals to access shelters and other HUD-supported services based on their self-identified gender rather than their sex assigned at birth. This expansion was intended to protect transgender individuals from discrimination in accessing emergency and transitional housing.

What Secretary Turner’s Order Means

Secretary Turner’s directive halts all pending and future enforcement actions tied to the 2016 Equal Access Rule. Under this policy change:

• HUD-funded programs, shelters, and service providers will determine eligibility based on an individual’s biological sex at birth (male or female).
• The previous mandate allowing individuals to self-identify their gender for housing and shelter access will no longer be enforced.
• The directive aligns HUD’s policies with President Trump’s executive order to recognize only male and female sexes within federal agencies.

Equal Access Rule Implications

This decision is likely to have far-reaching consequences, particularly for transgender individuals experiencing homelessness. Advocacy groups have raised concerns that:

• Transgender women (individuals assigned male at birth who identify as female) may be denied access to shelters designated for women, in essence potentially increasing their vulnerability to homelessness and violence.
• The rollback may lead to legal challenges. LGBTQ+ rights organizations may argue the directive undermines anti-discrimination protections under the Fair Housing Act and other civil rights laws.
• Local and state housing agencies receiving HUD funding may face uncertainty in implementing policies under the new directive.

Conversely, proponents of the decision argue that:

• Women’s shelters, particularly those serving survivors of domestic violence and sexual assault, should have the right to maintain spaces exclusive to biological females.
• The order restores a focus on biological sex, which they believe is essential for program integrity and safety.
• It ensures HUD funding is directed toward services that align with what they describe as “biological truth.”

What’s Next for HUD Housing Policy?

Secretary Turner has indicated this is just the first of many upcoming policy shifts within HUD. His administration must review all existing HUD programs and regulations to align them with the new directive. As the policy landscape shifts, key stakeholders must assess the impact on individuals relying on HUD-funded services. This includes housing providers, advocacy organizations, and legal experts.