The U.S. Department of Housing and Urban Development (HUD) under the Trump administration has been revising housing policies, reducing long-standing protections for transgender individuals. These changes primarily target the Obama-era Equal Access Rule, which extended protections based on sexual orientation and gender identity. Additional focus has been placed on fair-housing complaint investigations and federally funded homeless shelters.
HUD has emphasized its commitment to the Fair Housing Act, which guarantees equal housing access for all Americans. However, the administration has also introduced an executive order aiming to align federal policies with what it describes as “restoring biological truth.”
Transgender rights within the framework of the Fair Housing Act have been a contentious issue. While the Act identifies sex as a protected class against housing discrimination, the Equal Access Rule of 2012 expanded these protections to include sexual orientation, gender identity, and marital status. In 2016, protections were further extended to transgender individuals seeking shelter assistance.
The interpretation of these protections evolved following a 2020 Supreme Court ruling that affirmed anti-discrimination rights for gay, lesbian, and transgender individuals in employment. This decision was interpreted by housing advocates and the subsequent Biden administration as encompassing housing rights under federal law. Despite this, transgender individuals face significantly higher rates of homelessness, highlighting the need for inclusive protections.
Since the appointment of Scott Turner as HUD head, the Office of Fair Housing and Equal Opportunity has paused investigations into gender identity discrimination cases. The closure of numerous cases has raised concerns, although the exact number of cases dropped remains undisclosed. The National Fair Housing Alliance reported at least 195 gender identity-related discrimination complaints in 2023, but the outcome of these cases is unclear.
Confusion persists, especially for community leaders running homeless shelters, as they navigate new HUD contract requirements. These contracts prohibit the promotion of “gender ideology” while mandating compliance with anti-discrimination laws. This has led some shelters to amend their operations to avoid losing federal funding.
The future of the Equal Access Rule remains uncertain. Shortly after assuming office, Secretary Turner halted its enforcement, indicating potential revisions without providing specifics. In the past, attempts to remove obligations for shelters to accommodate transgender individuals were unsuccessful. With Trump serving a second term, there is apprehension about further restricting gender identity accommodations in shelters.
