The May 20 Equal Access Rule webinar focused on the importance of the 2016 HUD Equal Access Rule (EAR) and the harms of the proposed 2026 HUD rule, which is open for public comment until June 29 at 11:59 pm ET.
SAGE Manager of Housing Policy Josh Dubensky moderated the call and opened with Marcy Thompson, Vice President of Programs and Policy at the National Alliance to End Homelessness. Thompson summarized the history of EAR, initially published in 2012 and updated in 2016 following solicited feedback. EAR was one of final Obama administration’s housing rules, and one of the first under attack when President Trump was inaugurated. In 2020, the Trump administration proposed to allow HUD funded shelters to consider “biological sex” when deciding whether to admit or place transgender individuals in sex-segregated shelters. A historic 66,000 comments were submitted and the rule failed to move forward.
Dubensky then summarized the proposed rule and HUD’s justifications. He concluded by stating, “the impact of EAR is broad, and HUD’s proposal would be devastating. But the coalition fighting to preserve it reflects the strength and importance of this fight.”
Community perspectives highlighted the importance of EAR and the urgency behind the comment campaign:
- Lauren Banks, Executive Director at National HIV/AIDS Housing Coalition noted the intersection of HIV/AIDS and housing: 42% of trans women who were unhoused were living with HIV, and of trans people living with HIV, a third of those are unhoused.
- Melina Milazzo, Director of Policy at National Network to End Domestic Violence said that nondiscrimination laws protecting transgender people have existed for almost 50 years, and over 200 municipalities and 18 states have nondiscrimination laws protecting trans people’s access to facilities consistent with their affirmed gender. Milazzo added: “Spreading anti-trans rhetoric increases harm to a vulnerable community that already experiences high rates of physical and sexual violence, and trans women of color are disproportionately impacted.”
- Dr. Guthrie Graves-Fitzsimmons, Vice President of Programs and Strategy at the Interfaith Alliance connected faith-based values to the EAR proposal stating, “Religious freedom is meant to be a shield that protects every one of us, never a sword that is used to harm our neighbors.” Connecting EAR to the value of hospitality, Graves-Fitzsimmons added, “When we weaken [EAR], we’re betraying one of the many faith traditions' oldest and most sacred obligations.”
- Kayla Gore, Founder and Executive Director of My Sistah’s House in Memphis, TN rounded out the community perspectives by summarizing that the proposed repeal of HUD’s EAR threatens the very foundation of protections that many trans people rely on to access shelter and housing safety. She concluded: “The current proposed rollback opens the door to harmful practices that force providers to police bodies and identities rather than providing care and housing. Trans people deserve housing, and they deserve the ability to exist in public spaces without humiliation or fear.”
Finally, advocates summarized how to take action. Linda Morris, senior staff attorney with the American Civil Liberties Union provided an overview of administrative advocacy. “Your comment counts, and submitting a comment makes a meaningful and powerful difference”. Morris noted that public comments will become part of the official record which future administrations use to inform policy changes. Devon Ojeda, Senior National Organizer of Advocates for Trans Equality (A4TE) walked through A4TE’s campaign website including a portal to submit comments. Devon notes that commenters can submit comments under an alias or can submit comments anonymously on the Federal Register.
A recording and slides from the webinar are now available, and other resources can be found on the National Alliance to End Homelessness updated EAR landing page.
Equal Access Rule Resources
- Access Advocates for Trans Equality’s EAR campaign website; advocacy toolkit; and comment portal.
- If you’re an organization and want to join their coalition, click here.
- Sign up here for SAGE and Advocates for Trans Equality’s EAR advocacy newsletter.