HUD is immediately withdrawing a Federal Register “notice of proposed information collection” regarding a proposed requirement to post notifications about equal access regardless of sexual orientation, gender identity, or marital status at shelters, housing, or facilities funded by programs administered by the Office of Community Planning and Development (CPD). Notices of information collection are required by the “Paperwork Reduction Act of 1995” (PRA).
A PRA notice of proposed information collection was published in the Federal Register on September 21, 2016, which would have required owners and operators of CPD-funded shelters, housing, buildings, and other facilities to post a notification containing HUD-provided text on bulletin boards and in other public places. The intent was to ensure that people seeking placement or accommodation at a CPD-funded facility were aware of HUD’s equal access protections. Notifications would have to remain visible to people accessing shelters, housing, or facilities.
There are two regulations regarding equal access: “Equal Access in Accordance With an Individual’s Gender Identity in Community Planning and Development Programs” (see Memo, 10/3/16) and “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” (see Memo, 2/3/12).
CPD’s proposed text for the notification was included as an appendix to the September 21 notice. In short, it stated that the CPD-assisted facility must:
- Determine eligibility for housing regardless of sexual orientation, gender identity, or marital status.
- Not discriminate against someone who does not conform to gender or sex stereotypes.
- Grant equal access consistent with a person’s gender identity and provide the person’s family with equal access.
- Not ask someone to provide anatomical information or physical or medical evidence of gender identity.
The text also provided contact information for people who thought a program violated any of the requirements.
The March 10 notice states that HUD wants the opportunity to further review the need for this information collection. It implies, however, that the proposed notice is unlikely to go forward: “HUD will provide for public comment as required by the Paperwork Reduction Act should HUD decide to seek approval from the Office of Management and Budget for this information.” (emphasis added)
The March 10 Federal Register notice is at: http://bit.ly/2mPy2KT
The September 21, 2016 Federal Register PRA notice of information collection is at: http://bit.ly/2m3i4IE