Question:
“Our coalition is worried about what is going to happen around housing and shelter of the trans survivors we work with. We’ve worked hard to ensure that all survivors can be safely housed. There is a lot of confusion about what is happening, when, or by which agency. Can you clarify what we can expect?”
Answer:
The U.S. Department of Housing and Urban Development’s (HUD) 2016 Equal Access Rule (EAR) provides clear, detailed guidance and requirements to that ensures housing is available to all eligible individuals and families. EAR is one of the few existing federal housing protections that protects transgender and nonbinary individuals. Read more about the EAR.
Access to housing is now being threatened by the current Administration that issued orders to halt enforcement of the rule, which would result in organizations being allowed to deny housing services to individuals currently covered under EAR (trans and nonbinary people), as well as individuals covered under the earlier 2012 rule that prohibits discrimination based on sexual orientation, gender identity, or marital status.
It is critical that communities prepare to take action to save the protections provided under the Equal Access Rule. FORGE is joining with the National Alliance to End Homelessness, the National Resource Center on Domestic Violence, SAGE, and many others to advocate for this important protection.
What the Equal Access Rule does
Trans and nonbinary people face intersecting challenges when accessing housing. Whether someone is experiencing housing discrimination, or is leaving an abusive living situation, many trans and nonbinary people experience additional harm when seeking housing services and shelter: “Nearly 30% of homeless transgender individuals report being turned away from a shelter due to their transgender status and 22% report experiencing sexual assault perpetrated by staff or other shelter residents” (HUD).
The Equal Access Rule seeks to prevent this kind of harm by ensuring that the U.S. Department of Housing and Urban Development (HUD)’s housing programs are open to all eligible individuals and families, regardless of family composition, sexual orientation, gender identity, or marital status.
Originally designed to ensure that a variety of family types could access shelter arrangements without being separated, the EAR was expanded to ensure it specifically and clearly included trans/nonbinary people as well.
As the National Alliance to End Homelessness (NAEH) points out, “the Equal Access Rule sets a standard definition of family that is self-defined by any group of people presenting for assistance, with or without children, and irrespective of age or relationship” (2025).This is critical for survivors of domestic and sexual violence with family structures that are not comprised of cisgender or heterosexual individuals.
Learn more from the National Alliance to End Homelessness. https://endhomelessness.org/resources/policy-information/huds-equal-access-rule/
Our role in protecting the Equal Access Rule
We can all play a role in making sure all people have access to housing. Here are a few ways you might be able to take action:
1. Continue to provide equitable services to trans/nonbinary survivors.
The Equal Access Rule is still in effect. You can also access FORGE resources to learn more about effective advocacy for trans/nonbinary survivors.
2. Educate your communities on the Equal Access Rule.
Education can help people understand the importance of the rule and ensure it is being utilized now. Knowing more now, will help folks prepare to submit comments to protect the EAR (see #4).
3. Share stories.
A coalition of advocacy groups is gathering stories about the benefits of equal access in housing and services. If you or someone you know has faced barriers accessing shelter and housing resources based on gender identity, sexual orientation, or marital status—or has benefited from more equal access to housing and services—please fill out this questionnaire.
4. Prepare to submit a public comment.
It is anticipated that HUD will issue a public comment period, though the timing of this is not yet known. People will be able to leave comments anonymously or not, and by individuals and organizations. Start considering your comments today, and begin to talk with others who can also submit comments. FORGE will be sharing out templates and other information to help people submit comments.
5. Sign up for National Alliance to End Homelessness Advocacy (NAEH) Alerts.
To stay informed about ways you can defend the Equal Access Rule, please sign up for the NAEH’s Advocacy Alerts. The NAEH can keep you updated on developments in the Administration and provide talking points and opportunities to weigh in with decision makers. (National Alliance to End Homelessness, 2025)