HUD Publishes Proposed Rule on Equal Access to Housing Replacing References of Gender

By: Steven Molinari, Policy Analyst

April 30, 2026 — On April 28, 2026, HUD published the proposed rule titled “Equal Access to Housing in HUD Programs Revisions,” which would remove references to “gender” and “gender identity” from HUD regulations, or replace them with “sex.” The deadline for comments related to the proposed rule is June 29, 2026.

The Department highlights in the proposed rule that this change “..would ensure that equal access to qualifying facilities would be provided in accordance with the sex of an individual 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 proposed rule would remove prohibitions on service providers from seeking information to confirm the sex of applicants. Further, it would preempt any conflicting state or local laws non-compliance and violations of said requirements to be subject to applicable penalties, including loss of federal funding.

These changes would apply across HUD’s programs, including Section 8 housing and other housing programs, fair housing enforcement and administration, mortgage programs, programs to help the homeless and domestic violence victims, and community development programs.

In addition, the Department provides justification for the proposed rule citing that previous rules violate the privacy and safety of homeless women and the religious liberty of many faith-based service providers. HUD acknowledges that the proposed rule would deny access of shelters and services to individuals whose gender identity differs from their biological sex. In considering the potential impacts, the justification states that the potential impacts are outweighed by ensuring safe shelter environments for women and the freedom of religion.