HUD issued a final rule on November 17 that applies the provisions of the 2012 Equal Access in Housing rule to Native American and Native Hawaiian programs to ensure that all individuals and families have access to those programs regardless of actual or perceived sexual orientation, gender identity, or marital status.
A proposed rule for Native American and Native Hawaiian programs was published on May 9 (see Memo, 5/16) that would incorporate HUD’s February 3, 2012 Equal Access rule (see Memo, 2/3/12). The Equal Access rule requires HUD-assisted and HUD-insured housing programs to be available to individuals and families regardless of their sexual orientation, gender identity, or marital status. In the preamble to the 2012 Equal Access rule, which did not apply to Native American and Native Hawaiian programs, HUD committed to consulting with tribes before applying the Equal Access requirements to Native American and Native Hawaiian programs. HUD used a “Dear Tribal Leader Letter” to obtain comments.
The final rule adopts the proposed rule with one minor change clarifying that all loans insured by HUD, not only loans insured by the Federal Housing Administration, are subject to the Equal Access provisions. As proposed, the final rule also incorporates the Gender Identity rule issued by HUD’s Office of Community Planning and Development (see Memo, 10/3).
The final rule amends regulations for: Native American Housing Activities (24 CFR part 1000), Community Development Block Grants for Indian Tribes and Alaska Native Villages (24 CFR part 1003), Section 184 Indian Home Loan Guarantee Program (24 CFR part 1005), Native Hawaiian Housing Block Grant Program (24 CFR part 1006), and Section 184A Loan Guarantees for Native Hawaiian Housing (24 CFR part 1007).
The final rule is at: http://bit.ly/2fZfy3q