HUD Issues New Proposed Rule on Non-Discrimination Protections for Transgender and Gender Non-Conforming People

Washington, DC November 20, 2015—Today, the U.S. Department of Housing and Urban Development (HUD) announced proposed rules overseeing housing that is federally assisted or insured. Under the proposed rule the department would clarify non-discrimination protections for transgender and gender non-conforming people.

“LGBTQ people, and especially LGBTQ people of color, disproportionately experience discrimination in accessing housing and shelter programs and services. In fact, one in five transgender and gender non-conforming people have experienced homelessness—according to the National Transgender Discrimination Survey report. The rates are much higher among black transgender people and Latino/a transgender people, of whom 41 percent and 29 percent report experiencing homelessness, respectively. While transgender and gender non-conforming youth represent less than one percent of the general population, a recent study found that 6.8% of youth experiencing homelessness identify as transgender or gender non-conforming.

“We welcome HUD Secretary Julian Castro’s announcement about an essential policy that will help reduce the experience of discrimination against transgender and gender non-conforming people in HUD programs by clarifying how transgender and gender non-conforming people should be accommodated in shelters and other HUD programs. Notably, the rule explains that discrimination protections apply to people based on actual or perceived gender identity, which includes a person’s ‘appearance, behavior, expression, other gender-related characteristics, or sex assigned to the individual at birth.’

“For transgender and gender non-conforming people who are experiencing homelessness or housing instability, these changes are much needed. We look forward to collaborating with HUD on ensuring that the implementation of this amendment is as robust as possible,” said Rea Carey, National LGBTQ Task Force Executive Director.

During the National LGBTQ Task Force’s 2012 Creating Change conference, former HUD Secretary Shaun Donovan announced a new rule prohibiting LGBTQ discrimination in federally supported housing programs. That policy extended important protections to LGBTQ people and their families across the country to help them stay in their homes, get the loans they need to buy homes, and access life-saving federal assistance programs to help low-income people and families get back on their feet.


Jorge Amaro
Media and Public Relations Director