Pulling Back Civil Rights Protections for Trans People – The Equal Access Rule
Jessilyn Averill
One in three trans people will experience homelessness in their lifetime, and 70% of trans people who have used a shelter have experienced harassment. Ending the Equal Access Rule as codified guidance in HUD (U.S. Department of Housing and Urban Development) funding will have drastic consequences for trans adults and youth who have nowhere to go other than a shelter.
The National Alliance to End Homelessness (NAEH) is one of many organizations making sure communities across the country know how critical inclusive housing and shelters are for those who are unhoused and identify as LGBTQIA+. According to a 2011 report by Advocates for Trans Equality and National LGBTQ Task Force, they found that for trans individuals who had attempted to access homeless shelters:
29% were turned away
42% were forced to stay in facilities designated for the wrong gender
55% were harassed
25% were physically assaulted
22% were sexually assaulted
It took years of dedicated advocacy to implement the first Equal Access Rule as HUD guidance in 2012, followed by a revised second Rule in 2016. The Rule makes clear: all individuals seeking shelter should be welcomed and respected in accordance with their gender identity. In 2020 the Trump Administration proposed Rule edits that would allow shelters to disregard a person’s gender identity when deciding whether to grant access to a bed in gender-specific spaces. Fortunately, HUD withdrew those edits in 2021 under the Biden Administration.
Currently, the Equal Access Rule protecting LGBTQIA+ persons’ access to HUD-funded shelters is still law. However, on February 10th, 2025 the new HUD Secretary halted enforcement of the Rule. It matters most now how shelter staff and community advocates show up for trans adults and youth experiencing homelessness. This can look like shelter staff following inclusive intake and housing practices such as:
Establishing Gender Identity of Client: The self-identified gender identity of each person shall be respected and is sufficient for the purposes of determining gender-appropriate shelter.
Confidentiality and Privacy: A person’s transgender status is confidential and private and shall be treated like all other confidential personal and medical information.
Physical Accommodations: Shelter agency will make gender-appropriate bathroom and bedroom facilities as well as changing areas available to trans and gender nonconforming (TGNC) clients.
Safety & Privacy of Physical Accommodations: Reasonable accommodations may be made for any individual, trans or non-trans, who has expressed safety or privacy needs.
Community advocates can also make a difference right now to protect the Equal Access Rule:
Begin Community-Level Education: Start conversations today with key partners, including your board, volunteers, and local elected officials, to educate them about the importance of this rule, its vital protections, and why it is needed in your community.
Prepare to Submit a Public Comment: HUD will need to issue a 60-day public comment period. You can start thinking today about ways you can contribute to this comment period.
Read more on Defending the Equal Access Rule in NAEH’s blog.