The U.S. Department of Housing and Urban Development (HUD) has proposed rolling back protections for gender identity and sexual orientation in nearly 50 housing regulations, a move that is drawing criticism from affordable housing advocates who say the changes could further marginalize vulnerable communities.
The proposed revisions to HUD’s Equal Access Rule were published in the Federal Register on Tuesday. The changes would remove references to “gender” and “gender identity” from HUD regulations and replace them with “sex,” as defined by President Donald Trump’s January 2025 executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Per the proposed rule, HUD said the revisions are intended to “harmonize” its regulations with the executive order by ensuring access to certain HUD-funded facilities is determined “based on his or her immutable biological classification as either male or female rather than the ever-shifting concept of self-assessed gender identity.”
The proposal would also allow grant recipients, housing providers and operators of HUD-funded programs with single-sex or sex-specific facilities — including emergency shelters and facilities with shared sleeping quarters or bathrooms — to request “reasonable assurances and evidence” to verify an individual’s sex.
Tai Christensen, co-founder and CEO of Origin & Oak Creative and an affordable and equal opportunity housing advocate, said the proposal moves in the wrong direction at a time when the industry should be focused on expanding housing access.
“I strongly oppose HUD’s proposed changes to its Equal Access regulations,” Christensen said in a statement. “At a time when we should be expanding access to safe, affordable housing, this rule risks further marginalizing the most vulnerable individuals and others already facing housing insecurity.”
Christensen added that housing policy should focus on reducing barriers to homeownership and housing stability.
“From a housing and mortgage industry perspective, our focus should remain on creating opportunities for creditworthy borrowers, including those in disadvantaged communities who are working to achieve homeownership and build intergenerational wealth,” she said.
The public comment period for the proposed rule remains open through June 29, 2026.