New Pride Month Toolkit Available; Take Action to Oppose HUD’s Proposed Rollback of LGBTQ+ Protections in HUD Programs by June 29

By NLIHC Policy Team 

The Housing with Dignity campaign recently released a Pride Month Toolkit for advocates to oppose HUD’s recent Notice of Proposed Rulemaking (NPRM), “Equal Access to Housing in HUD Programs Revisions” (see Memo, 5/4). The proposal seeks to roll back HUD regulations that protect access to HUD programs for LGBTQ+ people. Among the proposed changes, HUD would require that access to HUD-funded shelters be determined by a person’s sex (as defined by HUD), removing the requirement that shelters serve individuals consistent with their gender identity. NLIHC encourages advocates to use the toolkit at Pride Month events or within your advocacy network to encourage LGBTQ+ people and allies to take action.

While HUD’s messaging around the rulemaking focuses on shelter access, HUD’s proposal is much broader than that. The Proposed Rule would eliminate LGBTQ+ protections across a range of HUD programs. Components of the rule include: 

• Removing all references to “gender,” “gender identity,” and “sexual orientation,” and replacing them with “sex,” eliminating protections for LGBTQ+ individuals’ nondiscriminatory access to shelter and HUD programs, including Section 8 housing/other housing programs, fair housing enforcement and administration, mortgage programs, homelessness and domestic violence programs, and community development programs. 

• Allowing facilities, like single-sex shelters, to “require reasonable assurances or evidence to establish a person’s sex,” and removing a prohibition on intrusive inquiries. 

• Attempting to preempt any conflicting state or local laws (i.e., laws that offer protections based on sexual orientation and gender identity) within the context of HUD Office of Community Planning and Development (CPD) programs. 

Background on Equal Access Rule 

HUD’s 2012 Equal Access Rule (EAR) required that access to HUD-assisted or -insured programs be made regardless of one’s actual or perceived sexual orientation, gender identity, or marital status. HUD updated the rule in 2016. The updates largely focused on the barriers transgender and gender nonconforming people face in securing equal access to shelter. The 2016 Rule required that all housing/services funded by CPD ensure equal access to programs for individuals consistent with their gender identity. The 2016 amendments prohibited intrusive questioning as well as asking for anatomical information, or for physical, medical, or documentary evidence of one’s gender identity.  

Trump Administration Targets LGBTQ+ People, Fails to Enforce Equal Access to Housing 

In 2020, the Trump administration attempted to weaken protections for transgender and gender nonconforming individuals seeking emergency shelter through proposed changes to the Equal Access Rule. The 2020 proposal received over 66,000 comments, an overwhelming response signifying public resistance to the then-proposed changes. In 2021, then-President Biden’s Executive Order 13998 reinforced laws that prohibited sex discrimination, and the 2020 proposed rule was withdrawn.  

In 2025, President Trump’s EO 14168 expressed the administration’s intent to roll back civil rights protections for transgender and gender nonconforming individuals and named the 2016 Rule specifically. In February, HUD Secretary Scott Turner announced the halting of ongoing or future enforcement actions for the 2016 Rule (see Memo, 2/10/25). The current Proposed Rule continues in this effort, while also removing language from HUD regulations (beyond CPD regulations) offering protection from discrimination based on sexual orientation or gender identity. Importantly, the current Proposed Rule goes much farther to roll back LGBTQ+ protections in HUD programmatic regulations than the 2020 proposed rulemaking did. NLIHC strongly opposes this latest attempt by the administration to roll back critical protections for the LGBTQ+ community.  

Take Action to Oppose HUD’s EAR Rollback 

• Submit your own comment urging HUD to withdraw the proposed rule by June 29 at 11:59 pm ET 

• Advocates for Trans Equality has fact sheets, social media toolkit, and commenting tips here. 

• Organizations can find comment drafting guidance and templates here.    

• Individuals can submit a public comment by June 29 using A4TE’s comment portal here. 

• Educate your networks about the HUD proposal and urge them to comment by June 29 at 11:59 pm ET 

• NHLP has a detailed legal analysis of the Proposed Rule here.  

• Use the Housing with Dignity Campaign’s Pride Month Toolkit to encourage LGBTQ+ people and allies to oppose the HUD proposal! 

• Use NLIHC’s EAR messaging toolkit here.  

• Explore Chapter 6 of NLIHC’s Advocates’ Guide 2026 to learn about LGBTQ+ access to housing assistance.