Federal policy improvements for trans people (day 2 of 5)

Day 2 of recent policy changes that improve the lives of trans and LGBQ individuals.

In 2012, the Department of Housing and Urban Development (HUD) exercised its general rulemaking authority to promulgate the “LGBT Equal Access Rule.”[x]  This rule ensures that HUD’s “core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status.”[xi] The Department applied its Equal Access Rule to “all HUD programs,” including those programs and activities that are recipients of HUD funding, such as HUD–assisted or -insured housing, approved lenders in an Fair Housing Act mortgage insurance program, and “any (or any other) recipient or subrecipient of HUD funds….”[xii]

In justifying the LGBT Equal Access Rule, HUD solely cites general rulemaking authority under 42 U.S.C. §3535(d), which authorizes the Secretary to “make such rules and regulations as may be necessary to carry out his functions, powers, and duties.”[xiii] In the final rule, HUD clarified that “the rule creates additional program requirements to ensure equal access of all eligible families to HUD programs, which is well within the scope of HUD’s authority.” [xiv] The Department further explained that issuing the rule was consistent with their mission and that “[e]xcluding any eligible person from HUD-funded or HUD-insured housing because of that person’s sexual orientation or gender identity contravenes HUD’s responsibility under the Department of Housing and Urban Development Act to address ‘the needs and interests of the Nation’s communities and of the people who live and work in them.’” [xv]

[x] Equal Access to Housing in HUD Programs—Regardless of Sexual Orientation or Gender Identity, 76 FR 5662-01 (Feb. 3, 2012) (codified at 24 C.F.R. Parts 5, 200, 203, 236, 400, 570, 574, 882, 891, and 982).

[xi] Id.

[xii] 24 C.F.R. § 5.105.

[xiii] 42 U.S.C. 3535(d).

[xiv] Id.

[xv] Id. (quoting 42 U.S.C. 3531).

 

Day 2 of recent policy changes that improve the lives of trans and LGBQ individuals.

In 2012, the Department of Housing and Urban Development (HUD) exercised its general rulemaking authority to promulgate the “LGBT Equal Access Rule.”[x]  This rule ensures that HUD’s “core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status.”[xi] The Department applied its Equal Access Rule to “all HUD programs,” including those programs and activities that are recipients of HUD funding, such as HUD–assisted or -insured housing, approved lenders in an Fair Housing Act mortgage insurance program, and “any (or any other) recipient or subrecipient of HUD funds….”[xii]

In justifying the LGBT Equal Access Rule, HUD solely cites general rulemaking authority under 42 U.S.C. §3535(d), which authorizes the Secretary to “make such rules and regulations as may be necessary to carry out his functions, powers, and duties.”[xiii] In the final rule, HUD clarified that “the rule creates additional program requirements to ensure equal access of all eligible families to HUD programs, which is well within the scope of HUD’s authority.” [xiv] The Department further explained that issuing the rule was consistent with their mission and that “[e]xcluding any eligible person from HUD-funded or HUD-insured housing because of that person’s sexual orientation or gender identity contravenes HUD’s responsibility under the Department of Housing and Urban Development Act to address ‘the needs and interests of the Nation’s communities and of the people who live and work in them.’” [xv]

[x] Equal Access to Housing in HUD Programs—Regardless of Sexual Orientation or Gender Identity, 76 FR 5662-01 (Feb. 3, 2012) (codified at 24 C.F.R. Parts 5, 200, 203, 236, 400, 570, 574, 882, 891, and 982).

[xi] Id.

[xii] 24 C.F.R. § 5.105.

[xiii] 42 U.S.C. 3535(d).

[xiv] Id.

[xv] Id. (quoting 42 U.S.C. 3531).