Proposed Rule2026-08244
Equal Access to Housing in HUD Programs Revisions
Primary source
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Published
April 28, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
This proposed rule would harmonize HUD's existing Equal Access regulations with the directions of the Executive Order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The rule would remove references to "gender" and "gender identity" from HUD regulations, or remove and replace it with "sex," as defined by the Executive Order. Through these revisions, the rule would ensure 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. It would also provide grant recipients, subrecipients, owners, operators, managers, and providers under HUD programs that permit single-sex or sex-specific facilities (such as temporary, emergency shelters or other facilities with physical limitations or configurations that require and are permitted to have shared sleeping quarters or bathrooms) the ability to require reasonable assurances and evidence to confirm the sex of an individual seeking service in order to protect the safety of other individuals in the facility.
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Proposed Rules]
[Pages 22779-22787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08244]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 60, 92, 93, 200, 202, 203, 206, 221, 236, 266, 291,
570, 574, 578, 582, 583, 700, 850, 880, 882, 884, 886, 891, 960,
970, 982, 984, 1005, and 1006
[Docket No. FR-6518-P-01]
RIN 2501-AE12
Equal Access to Housing in HUD Programs Revisions
AGENCY: Office of the Secretary, U.S. Department of Housing and Urban
Development (HUD).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would harmonize HUD's existing Equal Access
regulations with the directions of the Executive Order titled
``Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government.'' The rule would remove
references to ``gender'' and ``gender identity'' from HUD regulations,
or remove and replace it with ``sex,'' as defined by the Executive
Order. Through these revisions, the rule would ensure 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. It would also provide grant recipients,
subrecipients, owners, operators, managers, and providers under HUD
programs that permit single-sex or sex-specific facilities (such as
temporary, emergency shelters or other facilities with physical
limitations or configurations that require and are permitted to have
shared sleeping quarters or bathrooms) the ability to require
reasonable assurances and evidence to confirm the sex of an individual
seeking service in order to protect the safety of other individuals in
the facility.
DATES: Comments must be received by June 29, 2026.
ADDRESSES: There are two methods for submitting public comments. All
submissions must refer to the above docket number and title.
1. Electronic Submission of Comments. Comments may be submitted
electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make comments immediately available
to the public. Comments submitted electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> can be viewed by other commenters and interested
members of the public. Commenters should follow the instructions
provided on that website to submit comments electronically.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
Note: To receive consideration as a public comment, comments
must be submitted through one of the two methods specified above.
Public Inspection of Public Comments. HUD will make all properly
submitted comments and communications available for public inspection
and copying during regular business hours at the above address. Due to
security measures at the HUD Headquarters building, you must schedule
an appointment in advance to review the public comments by calling the
Regulations Division at 202-708-3055 (this is not a toll-free number).
HUD welcomes and is prepared to receive calls from individuals who are
deaf or hard of hearing, as well as individuals with speech or
communication disabilities. To learn more about how to make an
accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all comments
submitted are available for inspection and downloading at
<a href="http://www.regulations.gov">www.regulations.gov</a>. In accordance with 5 U.S.C. 553(b)(4), a summary
of this proposed rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>.
[[Page 22780]]
FOR FURTHER INFORMATION CONTACT: Andrew Hughes, Chief of Staff, or
David Woll, General Counsel, U.S. Department of Housing and Urban
Development, 451 7th Street SW, Washington, DC 20410; telephone number
202-402-2244 (this is not a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
In 2012, HUD published a final rule entitled ``Equal Access to
Housing in HUD Programs Regardless of Sexual Orientation or Gender
Identity'' (2012 Rule) to ensure that its core housing programs are
open to all eligible families and individuals ``without regard to
actual or perceived sexual orientation, gender identity, or marital
status.'' 77 FR 5662.
The 2012 Rule defined ``gender identity'' as ``actual or perceived
gender-related characteristics.'' The 2012 Rule generally prohibited
inquiries into ``gender identity'' in determining eligibility or making
housing available, but permitted inquiries related to an applicant's or
occupant's sex for the limited purpose of determining placement in
temporary, emergency shelters with shared bedrooms or bathrooms, or for
determining the number of bedrooms to which a household may be
eligible.\1\ In promulgating the 2012 Rule, HUD relied on the
Secretary's general rulemaking authority pursuant to section 7(d) of
the Department of Housing and Urban Development Act of 1965 (42 U.S.C.
3535(d)), rather than the Fair Housing Act or other civil rights and
nondiscrimination authorities.
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\1\ While the 2012 rule permitted limited inquiries, HUD's
guidance on the rule, ``Appropriate Placement for Transgender
Persons in Single-Sex Emergency 14 Shelters and Other Facilities''
(CPD-15-02), suggested that providers rely on self-attestation of
sex and that there is ``generally is no legitimate reason in this
context for the provider to request documentation of a person's sex
in order to determine appropriate placement, nor should the provider
have any basis to deny access to a single-sex emergency shelter or
facility solely because the provider possesses identity documents
indicating a sex different than the gender with which the client or
potential client identifies.'
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On September 21, 2016, HUD expanded on its 2012 Rule and published
a final rule entitled, ``Equal Access in Accordance with an
Individual's Gender Identity in Community Planning and Development
Programs'' (2016 Rule). 81 FR 64763. HUD mandated that persons with
gender dysphoria be given access to Community Planning and Development
(CPD)-assisted programs, benefits, services, and accommodations, some
of which are permitted to be operated on a single-sex or sex-specific
basis (collectively, ``single-sex facilities''), in accordance with
their ``gender identity.'' These programs include temporary and
emergency shelter programs, such as the Emergency Solutions Grants
program and the Housing Opportunities for Persons with AIDS (HOPWA)
program. The 2016 Rule amended the definition of ``gender identity''
included in the 2012 Rule to mean ``the gender with which a person
identifies, regardless of the sex assigned at birth[.]''
The 2016 Rule removed 24 CFR 5.105(a)(2)(ii), the provision of the
2012 Rule that allowed for lawful inquiries into an occupant's sex in
the case of temporary or emergency shelters with shared bathroom or
bedroom facilities, or for the purpose of determining the number of
bedrooms to which a household may be eligible.\2\ Instead, the 2016
Rule contained a provision that policies and procedures must ensure
that individuals are not subject ``to intrusive questioning or asked to
provide anatomical information or documentary, physical, or medical
evidence'' of their ``gender identity.''
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\2\ By way of background, before 2023, in determining unit size,
children of the opposite sex were not required (though they were
allowed) to share a bedroom. In 2023, HUD eliminated this provision.
See 88 FR 30445.
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Section 5.106(c) of the 2016 Rule requires that individuals seeking
access to single-sex facilities be placed and accommodated in
accordance with their self-identified gender identity, expressly
declining to adopt a provision of the proposed rule that provided that
in certain cases, an alternative accommodation for persons with gender
dysphoria would be appropriate to ensure health and safety.
In addition, the 2016 Rule added the Housing Trust Fund and Rural
Housing Stability Assistance programs explicitly to the non-exclusive
list of programs covered, and language was added to indicate that the
2016 Rule applies to both recipients of HUD CPD grants and
subrecipients, as well as those who administer CPD-funded programs and
services.
On January 20, 2025, President Trump issued Executive Order 14168,
titled ``Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government.'' 90 FR 8615. Section 4(b)
of the Executive Order directs HUD to prepare rulemaking to rescind the
2016 Rule. Further, the Order directs agencies to remove ``all
statements, policies, regulations, forms, communications, or other
internal and external messages that promote or otherwise inculcate
gender ideology.''
II. Proposed Rule
Consistent with E.O. 14168, HUD has reconsidered the 2012 and 2016
Equal Access rules and is proposing that the definition of and all
references to ``gender identity'' and ``gender'' be removed throughout
HUD's regulations and replaced with ``sex'' to refer to an individual's
immutable biological classification as either male or female as defined
in Section 2 of E.O. 14168. This includes replacing ``gender'' with
``sex'' for non-discrimination,\3\ reporting and recordkeeping,\4\ and
other provisions,\5\ and removing references to ``gender identity'' or
``actual or perceived sexual orientation, gender identity'' and
replacing them with ``sex'' for non-discrimination,\6\ reporting and
recordkeeping,\7\ and other provisions.\8\ Several of the provisions
also specifically incorporate the 2012 Equal Access Rule.\9\ These
provisions 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.
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\3\ 24 CFR 5.655, 578.93, 850.151, 960.206, 970.21, 982.207.
\4\ 24 CFR 92.508, 202.12, 221.795, 236.1001, 291.440, 570.490,
570.506, 570.904, 582.300, 583.300, 700.175, 880.603, 882.514,
882.810, 884.214, 886.138, 886.321, 886.338, 891.410, 891.510,
891.610, 891.750, 982.158.
\5\ 24 CFR 60.107, 93.407, 891.410, 891.610.
\6\ 24 CFR 200.300, 203.33, 266.220, 891.740, 891.750, 984.201,
984.203, 1005.407, 1005.457, 1005.517, 1006.355.
\7\ 24 CFR 206.37.
\8\ 24 CFR 5.403, 5.2001, 570.3, 574.3.
\9\ 24 CFR 5.2001, 200.300, 266.220, 1006.355.
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The proposed rule would remove prohibitions on service providers
from seeking information to confirm the sex of an individual seeking
services. The rule would allow a facility provider to ``require
reasonable assurances or evidence to establish a person's sex.'' \10\
The proposed rule also proposes to add Sec. 5.106(e) stating that
these requirements preempt any conflicting state or local laws non-
compliance and that violations of said requirements will be subject to
all applicable penalties, including loss of federal funding. HUD
[[Page 22781]]
believes this would advance the important policy objectives of this
proposed rule by ensuring maximum uniformity and compliance.
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\10\ HUD intends to provide maximum deference to grantees and
recognizes that some grantees may be more flexible or stringent in
their policies than others for providing evidence of a person's sex.
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HUD is considering preempting local laws that may conflict with
these requirements for state or local entities receiving CPD funds.
III. Justification for the Rule Change
HUD believes that the 2016 Rule impermissibly restricted single-sex
facilities without proper congressional authorization while also
violating both the privacy and safety of homeless women and the
religious liberty of many faith-based service providers. In addition,
Executive Order 14168 directs HUD to ``prepare and submit for notice
and comment rulemaking a policy to rescind the [2016 Rule].''
In the 2016 Rule, HUD did not rely on explicit statutory
authorization, such as the prohibition against ``sex'' discrimination
under the Fair Housing Act because that Act does not apply to emergency
shelters.\11\ Rather, HUD in 2016 relied on the Secretary's plenary
authority to issue regulations, indicating that ``HUD's establishment
of programmatic requirements for temporary, emergency shelters and
other buildings and facilities funded through HUD programs is well
within HUD's statutory authority and an important part of HUD's mission
in ensuring access to housing for all Americans.'' 81 FR 64771. HUD now
believes that this exceeded the authority granted to HUD by
Congress.\12\ HUD has reviewed comments on the 2016 rule and now agrees
with those commenters that raised concerns about HUD's statutory
authority to adopt that rule. For example, HUD finds it significant
that the Fair Housing Act forbids sex discrimination as to covered
dwellings, but not as to free, temporary, emergency shelters or other
buildings or facilities, which therefore evinces the intent of Congress
to permit single-sex housing in the latter case. Furthermore, HUD
agrees with commenters who noted that it is beyond HUD's statutory
authority to create a new class of individuals to be protected by
federal non-discrimination law. By exceeding its plenary authority from
Congress, the 2016 Rule impermissibly imposed an unnecessary and
harmful regulatory burden on operators of single-sex facilities.
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\11\ The 2016 Rule did, however, incorrectly state that
``[d]iscrimination because of gender identity is covered within the
Fair Housing Act's prohibition of sex discrimination'' when noting
the larger backdrop of federal laws prohibiting discrimination based
on sex. 81 FR at 64770.
\12\ See Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 208
(1988) (``It is axiomatic that an administrative agency's power to
promulgate legislative regulations is limited to the authority
delegated by Congress.'').
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But even if the 2016 Rule could have been a permissible exercise of
HUD's statutory rulemaking authority, HUD now has serious doubts about
the rationale for that rulemaking and proposes to exercise its
authority to rescind it.
First, it is not beneficial to institute a national policy that
forces homeless women to choose between sleeping alongside and
interacting with men in other intimate settings or refusing emergency
shelter or other facilities. Homeless women are at increased risk of
sexual assault by biological males compared to other women.\13\
Requiring shelters to place biological males with homeless women in
shared sleeping, bathroom, and other intimate settings continues to
place them at risk of sexual harassment and assault and exacerbates
prior traumas for many homeless women. This is especially true because
biological men may exploit the process of self-identification under the
current rule to gain access to women's shelters. The United Kingdom,
for example, recently refused to house biological males identifying as
females with biological females in prisons; the Ministry of Justice
published figures showing that 62 percent of males identifying as
females in UK prisons had committed at least one sexual offense.\14\
For many homeless women, even the perception that this could jeopardize
their safety would harm them because, very reasonably, they would
choose to remain homeless. In Alaska, for example, a federal court held
that ``the public interest would be adversely affected'' if an Alaska
homeless shelter for women were forced to admit biological men into its
spaces.\15\ HUD's 2016 Rule inappropriately dismissed these concerns
and the need for certain facilities to serve only those of one sex.\16\
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\13\ Lisa Goodman, Katya Fels, and Catherine Glen, No Safe
Place: Sexual Assault in the Lives of Homeless Women, Applied
Research Forum (2006).
\14\ Sir Nicholas Dakin, Minister for Prisons, Written Answer to
Question 20298, Prisoners: Transgender People (Dec. 23, 2024),
available at <a href="https://questions-statements.parliament.uk/written-questions-detail/2024-12-16/20298">https://questions-statements.parliament.uk/written-questions-detail/2024-12-16/20298</a>.
\15\ Downtown Soup Kitchen v. Anchorage, 406 F. Supp. 3d 776,
799 (D. Alaska 2019); see also id., 3:18-cv-00190, Doc. 34 at 2 ] 9
(homeless woman testifying that ``I would rather sleep in the woods
than sleep in the same area as a biological man'').
\16\ 81 FR at 64773, 64778.
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Second, requiring homeless shelters and other facilities to house
individuals inconsistent with their sex reduces the amount of help
available to homeless individuals because it imposes an unacceptable
and potentially illegal burden on the religious exercise of many faith-
based facilities.\17\ Many faith traditions believe that sex is an
immutable characteristic determined by a creator, that male and female
are the only two sexes, and that it is wrong for a person to deny his
or her sex.\18\ Accordingly, many faith-based homeless shelters and
other providers have sincerely held religious beliefs that they should
conduct their ministries in ways that are consistent with this
fundamental belief.
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\17\ See, e.g., Trinity Lutheran Church of Columbia, Inc. v.
Comer, 582 U.S. 449, (2017); Carson as next friend of O.C. v. Makin,
596 U.S. 767, (2022); Espinoza v. Montana Dept. of Revenue, 591 U.S.
464 (2020); Tandon v. Newsom, 593 U.S. 61, (2021).
\18\ See, e.g., Pew Research Center, Religious groups' policies
on transgender members vary widely (December 2, 2015), available at
<a href="https://www.pewresearch.org/short-reads/2015/12/02/religious-groups-policies-on-transgender-members-vary-widely/">https://www.pewresearch.org/short-reads/2015/12/02/religious-groups-policies-on-transgender-members-vary-widely/</a>; Coalition for Jewish
Values, Rabbinic Open Letter on Gender Dysphoria (February 13,
2025), available at <a href="https://coalitionforjewishvalues.org/2025/02/rabbinic-open-letter-on-gender-dysphoria">https://coalitionforjewishvalues.org/2025/02/rabbinic-open-letter-on-gender-dysphoria</a>/; Navigating Differences,
Navigating Differences: Clarifying Sexual and Gender Ethics in Islam
(June 7, 2023), available at <a href="https://navigatingdifferences.com/clarifying-sexual-and-gender-ethics-in-islam/">https://navigatingdifferences.com/clarifying-sexual-and-gender-ethics-in-islam/</a>.
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For example, Hope Center in Alaska, a faith-based homeless shelter
for women, sued in Federal District Court to prevent the application of
a local law that would require them to serve biological males who
identify as females.\19\ Hope Center believes that doing so would
violate their sincerely held religious belief that the Bible teaches
that God creates people male or female, that it would impair their
religious mission and harm the individuals served to deny that belief
in ministering to others, and ``that it should care for women who lack
shelter,'' thus excluding men.\20\ Hope Center believes that the
application of laws like HUD's 2016 Rule violate the
[[Page 22782]]
First Amendment's Free Exercise Clause. HUD's 2016 Rule raises the same
potential issue of coercing ministries like Hope to ``abandon [their]
mission and message'' to participate in government-funded programs.''
\21\President Trump's Executive Order 14168 specifically directed HUD
to prepare and submit for notice and comment rulemaking a policy to
rescind the 2016 Rule in order to restore biological truth in the
federal government. The Order recognized that ``efforts to eradicate
the biological reality of sex fundamentally attack women by depriving
them of their dignity, safety, and wellbeing.'' HUD believes this rule
would advance the President's policy to ``defend women's rights and
protect freedom of conscience'' by ensuring that single-sex facilities
are empowered to protect their clients, including those who are seeking
shelter from domestic violence or sexual abuse.
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\19\ See James Brooks, Municipality of Anchorage will pay
$100,001 to settle transgender-discrimination lawsuit involving
homeless shelter (October 1, 2019), available at: <a href="https://www.adn.com/alaska-news/anchorage/2019/10/01/municipality-of-anchorage-will-pay-100001-to-settle-transgender-discrimination-lawsuit-involving-homeless-shelter/">https://www.adn.com/alaska-news/anchorage/2019/10/01/municipality-of-anchorage-will-pay-100001-to-settle-transgender-discrimination-lawsuit-involving-homeless-shelter/</a>.
\20\ For a full discussion of their religious beliefs, see The
Downtown Soup Kitchen v. Municipality of Anchorage, No. 3:18-cv-
00190-SLG, Dkt. No. 1, ``Verified Complaint'', available at: <a href="https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/legal-documents/the-downtown-soup-kitchen-dba-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-complaint.pdf?sfvrsn=9536cb21_">https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/legal-documents/the-downtown-soup-kitchen-dba-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-complaint.pdf?sfvrsn=9536cb21_</a> 4 pp. 8-10; see also Alliance
Defending Freedom For Faith and Justice, Downtown Hope Center v.
Municipality of Anchorage, et al., available at: <a href="https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/resources/media-resources/cases/the-downtown-soup-kitchen-d-b-a-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-one-page-summary.pdf?sfvrsn=fa9b07be_6">https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/resources/media-resources/cases/the-downtown-soup-kitchen-d-b-a-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-one-page-summary.pdf?sfvrsn=fa9b07be_6</a>.
\21\ The Downtown Soup Kitchen v. Municipality of Anchorage, No.
3:18-cv-00190-SLG, Dkt. No. 1, ``Verified Complaint'', available at:
<a href="https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/legal-documents/the-downtown-soup-kitchen-dba-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-complaint.pdf?sfvrsn=9536cb21">https://adflegal.blob.core.windows.net/mainsite-new/docs/default-source/documents/legal-documents/the-downtown-soup-kitchen-dba-downtown-hope-center-v.-municipality-of-anchorage/hope-center-v-anchorage-complaint.pdf?sfvrsn=9536cb21</a>.
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Additionally, Executive Order 14168 instructed agencies to amend
agency documents, including regulations, to use the term ``sex''
instead of ``gender.'' HUD believes it is beneficial to clarify this
across all its operations to clarify that many of its existing
regulations which protect ``gender'' (as opposed to ``gender
identity'') prohibit discrimination based on sex, not gender identity.
In accordance with the Order, this proposed rule would also remove or
revise references to ``gender identity'' \22\ throughout all parts and
sections of HUD's regulations, including many that were inserted into
HUD rules outside of the 2012 and 2016 Equal Access Rules.\23\
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\22\ This proposed rule also proposes to revise joint references
to ``actual or perceived sexual orientation, gender identity'' to
``sex'' to avoid the confusion of prohibiting discrimination based
both on ``sex'' and ``sexual orientation,'' since the latter is
often considered a subset of the former.
\23\ See, e.g., 81 FR 80989 (2016) (amending 24 CFR 1006.355);
88 FR 75230 (2023) (amending 24 CFR 891.740).
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HUD is considering these revisions that apply to its grantees,
especially those relating to single-sex facilities, its program
participants, and all other programs because it agrees with Section
2(g) of the Order, which provides ```Gender identity' reflects a fully
internal and subjective sense of self, disconnected from biological
reality and sex and existing on an infinite continuum, that does not
provide a meaningful basis for identification and cannot be recognized
as a replacement for sex.''
HUD acknowledges that this rulemaking would result in denying
individuals who claim a different gender identity than their sex being
denied access to their preferred single-sex shelters or their preferred
accommodations in other shelters. These individuals would need to find
other shelter options that are not limited to a single sex or seek
admission to a single-sex shelter consistent with their sex.
Additionally, this rulemaking would require some organizations to
follow rules inconsistent with their beliefs regarding gender and sex,
if they continue to use federal funds. HUD has considered these
potential impacts and believes they are outweighed by the factors
discussed above, especially that HUD must follow the clear meaning of
the statute, ensure safe shelter environments for women, and respect
the free exercise of religion.
IV. Findings and Certifications
Executive Orders 12866 and 13563, Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health, and safety effects; distributive impacts; and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This proposed rule has been determined to be a
``significant regulatory action,'' as defined in section 3(f) of
Executive Order 12866, but not economically significant.
Executive Order 14192, Regulatory Costs
Executive Order 14192, entitled ``Unleashing Prosperity Through
Deregulation,'' was issued on January 31, 2025. Section 3(c) of
Executive Order 14192 requires that any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations. OMB has determined that this proposed rule would
be a repeal of a regulation resulting in reduced regulatory costs for
purposes of Executive Order 14192 by providing flexibility for grantees
in determining their policies.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism''), which replaced
Executive Order 12612, prohibits an agency from publishing any rule
that has federalism implications if the rule either imposes substantial
direct compliance costs on state and loc al governments and is not
required by statute, or the rule preempts state law, unless the agency
meets the consultation and funding requirements of Section 6 of the
Executive Order. This rule would not have federalism implications and
would not impose substantial direct compliance costs on state and local
governments or preempt state law within the meaning of the Executive
Order.
Environmental Impact
This final rule is a policy document that sets out
nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3),
this final rule is categorically excluded from environmental review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Entities affected by
this rule are those who operate single-sex facilities and would change
or establish policy as a result of this rule. HUD cannot provide the
exact number of entities that would be affected. However, in 2024,
approximately 2,350 emergency shelters were funded by HUD programs. Out
of this 2,350, not all of these operate single-sex shelters, and not
all of those that do operate single-sex shelters would establish a new
policy. HUD does not have data about the number of these operate
single-sex shelters, or how many would issue a new policy, or how many
of these are small entities, but only a percentage of the 2,350 would
fall into all three of these categories.
Accordingly, for the foregoing reasons, the undersigned certifies
that this rule will not have a significant economic impact on a
substantial number of small entities. Notwithstanding HUD's
determination that this proposed rule would not have a significant
effect on a substantial number of small entities, HUD specifically
requests from the public any
[[Page 22783]]
information about the number of small entities that might be impacted
and invites comments on whether the proposed rule will not have a
significant effect and any less burdensome alternatives to this rule
that will meet HUD's objectives.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on state,
local, and tribal governments, and on the private sector. This rule
does not impose any Federal mandates on any state, local, or tribal
government, or on the private sector, within the meaning of the UMRA.
List of Subjects
24 CFR Part 5
Administrative practice and procedure, Aged, Claims, Grant
programs--housing and community development, Individuals with
disabilities, Intergovernmental relations, Loan programs--housing and
community development, Low and moderate income housing, Mortgage
insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
24 CFR Part 60
Human research subjects, Reporting and recordkeeping requirements,
Research.
24 CFR Part 92
Administrative practice and procedure, Low and moderate income
housing, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 93
Administrative practice and procedure, Grant programs--housing and
community development, Low and moderate income housing, Manufactured
homes, Rent subsidies, Reporting and recordkeeping requirements.
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Housing standards, Lead poisoning, Loan
programs--housing and community development, Mortgage insurance,
Organization and functions (Government agencies) Penalties, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
24 CFR Part 202
Administrative practice and procedure, Home improvement,
Manufactured homes, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 203
Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and
recordkeeping requirements, Solar energy.
24 CFR Part 206
Aged, Condominiums, Loan programs--housing and community
development, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 221
Low and moderate income housing, Mortgage insurance, Reporting and
recordkeeping requirements.
24 CFR Part 236
Grant programs--housing and community development, Low and moderate
income housing, Mortgage insurance, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 266
Intergovernmental relations, Low and moderate income housing,
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 291
Community facilities, Conflicts of interest, Homeless, Lead
poisoning, Low and moderate income housing, Mortgages, Reporting and
recordkeeping requirements, Surplus government property.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Loan programs--
housing and community development, Low and moderate income housing,
Northern Mariana Islands, Pacific Islands Trust Territory, Puerto Rico,
Reporting and recordkeeping requirements, Student aid, Virgin Islands.
24 CFR Part 574
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, HIV/AIDS, Low and
moderate income housing, Reporting and recordkeeping requirements.
24 CFR Part 578
Community development, Community facilities, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Reporting and recordkeeping requirements.
24 CFR Part 582
Civil rights, Community facilities, Grant programs--housing and
community development, Grant programs--social programs, Homeless,
Individuals with disabilities, Mental health programs, Nonprofit
organizations, Rent subsidies, Reporting and recordkeeping
requirements.
24 CFR Part 583
Civil rights, Community facilities, Employment, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Indians, Individuals with disabilities, Mental health
programs, Nonprofit organizations, Reporting and recordkeeping
requirements, Technical assistance.
24 CFR Part 700
Aged, Grant programs--housing and community development, Grant
programs--Indians, Indians, Individuals with disabilities, Low and
moderate income housing, Public housing, Reporting and recordkeeping
requirements.
24 CFR Part 850
Grant programs--housing and community development, Low and moderate
income housing, Reporting and recordkeeping requirements.
24 CFR Part 880
Accounting, Administrative practice and procedure, Government
contracts, Grant programs--housing and community development, Home
improvement, Housing, Housing standards, Low and moderate income
housing, Manufactured homes, Public assistance programs, Rent
subsidies, Reporting and recordkeeping requirements.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 884
Accounting, Administrative practice and procedure, Grant programs--
[[Page 22784]]
housing and community development, Home improvement, Housing, Low and
moderate income housing, Public assistance programs, Public housing,
Rent subsidies, Reporting and recordkeeping requirements, Rural areas,
Utilities.
24 CFR Part 886
Accounting, Administrative practice and procedure, Government
contracts, Grant programs--housing and community development, Home
improvement, Housing, Lead poisoning, Low and moderate income housing,
Mortgages, Public assistance programs, Rent subsidies, Reporting and
recordkeeping requirements, Utilities, Wages.
24 CFR Part 891
Aged, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Public assistance
programs, Rent subsidies, Reporting and recordkeeping requirements.
24 CFR Part 960
Aged, Grant programs--housing and community development,
Individuals with disabilities, Pets, Public housing.
24 CFR Part 9705
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 982
Grant programs--housing and community development, Grant programs--
Indians, Indians, Public housing, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 984
Grant programs--housing and community development, Grant programs--
Indians, Indians, Public housing, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 1005
Indians, Loan programs--Indians, Reporting and recordkeeping
requirements.
24 CFR Part 1006
Community development block grants, Grant programs--housing and
community development, Grant programs--Indians, Hawaiian Natives, Low
and moderate income housing, Reporting and recordkeeping requirements.
Accordingly, For the reasons stated in the preamble, HUD proposes
to amend 24 CFR parts 5, 60, 92, 93, 200, 202, 203, 206, 221, 236, 266,
291, 570, 574, 578, 582, 583, 700, 850, 880, 882, 884, 886, 891, 960,
970, 982, 984, 1005, and 1006 as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
0
1. The authority citation for part 5 continues to read as follows:
Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437f,
1437n, 3535(d); 42 U.S.C. 2000bb et seq.; 34 U.S.C. 12471 et seq.;
Sec. 327, Pub. L. 109-115, 119 Stat. 2396; E.O. 13279, 67 FR 77141,
3 CFR, 2002 Comp., p. 258; E.O. 13559, 75 FR 71319, 3 CFR, 2010
Comp., p. 273; E.O. 14015, 86 FR 10007, 3 CFR, 2021 Comp., p. 517.
0
2. Amend Sec. 5.100 by removing the definitions of ``Gender identity''
and ``Sexual orientation'' and adding a definition of ``Sex'' in
alphabetical order to read as follows:
Sec. 5.100 Definitions.
* * * * *
Sex means an individual's immutable biological classification as
either male or female. Sex is not a synonym for and does not include
the concept of gender identity. In addition, the following definitions
related to sex apply:
(1) Female is a person of the sex characterized by a reproductive
system with the biological function of (at maturity, absent disruption
or congenital anomaly) producing eggs (ova).
(2) Male is a person of the sex characterized by a reproductive
system with the biological function of (at maturity, absent disruption
or congenital anomaly) producing sperm.
(3) Woman is an adult human female.
(4) Girl is a juvenile human female.
(5) Man is an adult human male.
(6) Boy is a minor human male.
(7) Mother is a female parent.
(8) Father is a male parent.
* * * * *
Sec. 5.105 [Amended]
0
3. Amend Sec. 5.105(a)(2) by removing the words ``actual or perceived
sexual orientation, gender identity'' and adding, in their place, the
word ``sex''.
0
4. Amend Sec. 5.106 by:
0
a. Revising the section heading, paragraph (b) heading, and paragraphs
(b)(1) and (2);
0
b. Removing paragraph (b)(3) and redesignating paragraph (b)(4) as
paragraph (b)(3); and
0
c. Revising paragraph (c); and
0
d. Adding paragraph (e).
The revisions read as follows:
Sec. 5.106 Equal access in accordance with the individual's sex in
community planning and development programs.
* * * * *
(b) Equal access in accordance with the individual's sex. * * *
(1) Equal access to CPD programs, shelters, other buildings and
facilities, benefits, services, and accommodations is provided to an
individual in accordance with the individual's sex, and in a manner
that affords equal access to the individual's family, provided that
such equal access is subject to paragraph (c) of this section;
(2) An individual is placed, served, and accommodated in accordance
with the sex of the individual;
* * * * *
(c) Placement and accommodation in temporary, emergency shelters
and other buildings and facilities with shared sleeping quarters or
shared bathing facilities. Placement and accommodation of an individual
in temporary, emergency shelters and other buildings and facilities
with physical limitations or configurations that require and are
permitted to have shared sleeping quarters or shared bathing facilities
shall be made in accordance with the individual's sex. A facility
provider may require reasonable assurances or evidence to establish a
person's sex.
* * * * *
(e) Non-compliance. Non-compliance with these regulations by state
or local entities due to adherence to conflicting local laws or
policies may be considered a violation of federal requirements, subject
to appropriate enforcement actions, including but not limited to the
withholding or revocation of federal funds provided through the CPD
programs identified in paragraph (a) of this section.
Sec. 5.403 [Amended]
0
5. Amend Sec. 5.403 by removing from the definition of ``Family'' the
words ``actual or perceived sexual orientation, gender identity'' and
adding, in their place, the word ``sex''.
Sec. 5.655 [Amended]
0
6. Amend Sec. 5.655(c)(1)(iv) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
Sec. 5.2001 [Amended]
0
7. Amend Sec. 5.2001(a) by:
0
a. Removing the words ``gender identity, or sexual orientation''; and
0
b. Removing the words ``actual or perceived sexual orientation, gender
identity'' and adding, in their place, the word ``sex'';
[[Page 22785]]
PART 60--PROTECTION OF HUMAN SUBJECTS
0
8. The authority citation for part 60 continues to read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 300v-1(b) and 3535(d).
Sec. 60.107 [Amended]
0
9. Amend Sec. 60.107(a) by removing the word ``gender'' and adding, in
its place, the word ``sex''.
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
0
10. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 12701--12839, 12 U.S.C. 1701x.
Sec. 92.508 [Amended]
0
11. Amend Sec. 92.508 by:
0
a. In paragraph (a)(7)(i)(A), removing the word ``gender'' and adding,
in its place, the word ``sex''; and
0
b. In paragraph (a)(7)(ii)(B), removing the word ``gender'' and adding,
in its place, the word ``sex''.
PART 93--HOUSING TRUST FUND
0
12. The authority citation for part 93 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 12 U.S.C. 4568.
Sec. 93.407 [Amended]
0
13. Amend Sec. 93.407(a)(5)(ii) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 200--INTRODUCTION TO FHA PROGRAMS
0
14. The authority citation for part 200 continues to read as follows:
Authority: 12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d).
Sec. 200.300 [Amended]
0
15. Amend Sec. 200.300(a) by removing the words ``sexual orientation
or gender identity'' and adding, in their place, the word ``sex''.
PART 202--APPROVAL OF LENDING INSTITUTIONS AND MORTGAGEES
0
16. The authority citation for part 202 continues to read as follows:
Authority: 12 U.S.C. 1703, 1709 and 1715b; 42 U.S.C. 3535(d).
Sec. 202.12 [Amended]
0
17. Amend Sec. 202.12(a)(8) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 203--SINGLE FAMILY MORTGAGE INSURANCE
0
18. The authority citation for part 203 continues to read as follows:
Authority: 12 U.S.C. 1707, 1709, 1710, 1715b, 1715z-16, 1715u,
and 1715z-21; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).
Sec. 203.33 [Amended]
0
19. Amend Sec. 203.33(b) by removing the words ``actual or perceived
sexual orientation, gender identity'' and adding, in their place,
``sex''.
PART 206--HOME EQUITY CONVERSION MORTGAGE INSURANCE
0
20. The authority citation for part 206 continues to read as follows:
Authority: 12 U.S.C. 1715b, 1715z-20; 42 U.S.C. 3535(d)
Sec. 206.37 [Amended]
0
21. Amend Sec. 206.37(b)(3)(i) by removing the words ``actual or
perceived sexual orientation, gender identity'' and adding, in their
place, the word ``sex''.
PART 221--LOW COST AND MODERATE INCOME MORTGAGE INSURANCE--SAVINGS
CLAUSE
0
22. The authority citation for part 221 continues to read as follows:
Authority: 12 U.S.C. 1715b, 1715l, and 1735d; 42 U.S.C. 3535(d).
Sec. 221.795 [Amended]
0
23. Amend Sec. 221.795(f)(3) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 236--MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENT FOR
RENTAL PROJECTS
0
24. The authority citation for part 236 continues to read as follows:
Authority: 12 U.S.C. 1715b, 1715z-1, and 1735d; 42 U.S.C.
3535(d).
Sec. 236.1001 [Amended]
0
25. Amend Sec. 236.1001(f)(3) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 266--HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED
AFFORDABLE MULTIFAMILY PROJECT LOANS
0
26. The authority citation for part 266 continues to read as follows:
Authority: 12 U.S.C. 1715z-22.; 42 U.S.C. 3535(d).
Sec. 266.220 [Amended]
0
27. Amend Sec. 266.220(b) by removing the words ``actual or perceived
sexual orientation, gender identity'' and adding, in their place, the
word ``sex'', and removing the words ``sexual orientation and gender
identity'' and adding, in their place, the word ``sex.''.
PART 291--DISPOSITION OF HUD-ACQUIRED AND -OWNED SINGLE FAMILY
PROPERTY
0
28. The authority citation for part 291 continues to read as follows:
Authority: 12 U.S.C. 1701 et seq.; 42 U.S.C. 1441, 1441a, 1551a,
and 3535(d).
Sec. 291.440 [Amended]
0
29. Amend Sec. 291.440 by removing the word ``gender'' and adding, in
its place, the word ``sex''.
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
0
30. The authority citation for part 570 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 3535(d) and
5301-5320.
Sec. 570.3 [Amended]
0
31. Amend 570.3 by removing from the definition of ``Household'' the
words ``actual or perceived sexual orientation, gender identity'' and
adding, in their place, the word ``sex''.
Sec. Sec. 570.490, 570.506 and 570.904 [Amended]
0
32. Remove the word ``gender'' and add, in its place, the word ``sex''
where it appears in the following places:
0
a. Sec. 570.490(a)(1) and (b);
0
b. Sec. 570.506(g)(2), (g)(4), and (g)(6); and
0
c. Sec. 570.904(b)(1), (b)(2), and (d).
PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
0
33. The authority citation for part 574 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 3535(d) and
5301-5320.
Sec. 574.3 [Amended]
0
34. Amend Sec. 574.3 by removing from the definition of ``Family'' the
words ``actual or perceived sexual orientation, gender identity'' and
adding, in their place the word ``sex''.
PART 578--CONTINUUM OF CARE PROGRAM
0
35. The authority citation for part 578 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 11381 et seq.,
42 U.S.C. 3535(d).
[[Page 22786]]
Sec. 578.93 [Amended]
0
36. Amend Sec. 578.93(e) by removing the word ``gender'' and adding,
in its place, the word ``sex''.
PART 582--SHELTER PLUS CARE
0
37. The authority citation for part 582 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 11403-11407b.
Sec. 582.300 [Amended]
0
38. Amend Sec. 582.300(d)(1) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 583--SUPPORTIVE HOUSING PROGRAM
0
39. The authority citation for part 583 continues to read as follows:
Authority: 42 U.S.C. 11389 and 3535(d).
Sec. 583.300 [Amended]
0
40. Amend Sec. 583.300(g) by removing the word ``gender'' and adding,
in its place, the word ``sex''.
PART 700--CONGREGATE HOUSING SERVICES PROGRAM
0
41. The authority citation for part 700 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 8011.
Sec. 700.175 [Amended]
0
42. Amend Sec. 700.175(d)(3) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 850--HOUSING DEVELOPMENT GRANTS
0
43. The authority citation for part 850 continues to read as follows:
Authority: 42 U.S.C. 1437o, 3535(d).
Sec. 850.151 [Amended]
0
44. Amend Sec. 850.151(g) by removing the word ``gender'' and adding,
in its place, the word ``sex''.
PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW
CONSTRUCTION
0
45. The authority citation for part 880 continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and
13611-13619.
Sec. 880.603 [Amended]
0
46. Amend Sec. 880.603(b)(3) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 882--SECTION 8 MODERATE REHABILITATION PROGRAMS
0
47. The authority citation for part 882 continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Sec. Sec. 882.514 and 882.810 [Amended]
0
48. Remove the word ``gender'' and add, in its place, the word ``sex''
where it appears in the following places:
0
a. Sec. 882.514(a)(2); and
0
b. Sec. 882.810(f)(3).
PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING
PROJECTS
0
49. The authority citation for part 884 continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Sec. 884.214 [Amended]
0
50. Amend Sec. 884.214(b)(5) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL
ALLOCATIONS
0
51. The authority citation for part 886 continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Sec. Sec. 886.138, 886.321, and 886.338 [Amended]
0
52. Remove the word ``gender'' and add, in its place, the word ``sex''
where it appears in the following places:
0
a. Sec. 886.138(f)(3);
0
b. Sec. 886.321(b)(5); and
0
c. Sec. 886.338(f)(3).
PART 891--SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH
DISABILITIES
0
53. The authority citation for part 891 continues to read as follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f, 3535(d), and 8013.
Sec. 891.410 [Amended]
0
54. Amend Sec. 891.410(a) and (f) by removing, where it appears, the
word ``gender'' and adding, in its place, the word ``sex''.
Sec. 891.510 [Amended]
0
55. Amend Sec. 891.510(e) by removing the word ``gender'' and adding,
in its place, the word ``sex''.
Sec. 891.610 [Amended]
0
56. Amend Sec. 891.610(a) and (f) by removing, where it appears, the
word ``gender'' and adding, in its place, the word ``sex''.
Sec. 891.740 [Amended]
0
57. Amend Sec. 891.740(a)(2) by removing the parenthetical
``(including actual or perceived sexual orientation and gender
identity)''.
Sec. 891.750 [Amended]
0
58. Amend Sec. 891.750(b)(3) by removing the parenthetical
``(including actual or perceived sexual orientation and gender
identity)''.
0
59. Amend Sec. 891.750(b)(4) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
0
60. The authority citation for part 960 continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z-3, and
3535(d).
Sec. 960.206 [Amended]
0
61. Amend Sec. 960.206(b)(1)(iii) by removing the word ``gender'' and
adding, in its place, the word ``sex''.
PART 970--PUBLIC HOUSING PROGRAM--DEMOLITION OR DISPOSITION OF
PUBLIC HOUSING PROJECTS
0
62. The authority citation for part 970 continues to read as follows:
Authority: 42 U.S.C. 1437p and 3535(d).
Sec. 970.21 [Amended]
0
63. Amend Sec. 970.21(a) by removing the word ``gender'' and adding,
in its place, the word ``sex''.
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER
PROGRAM
0
64. The authority citation for part 982 continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Sec. Sec. 982.158 and 982.207 [Amended]
0
65. Remove the word ``gender'' and add, in its place, the word ``sex''
where it appears in the following places:
0
a. Sec. 982.158(f)(1); and
0
b. Sec. 982.207(b)(1)(iii).
PART 984--SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY
PROGRAM
0
66. The authority citation for part 984 continues to read as follows:
Authority: 42 U.S.C. 1437f, 1437u, and 3535(d).
Sec. Sec. 984.201 and 984.203 [Amended]
0
67. Remove the text ``(including actual or perceived gender identity
and sexual orientation)'' where it appears in the following places:
0
a. Sec. 984.201(d)(4); and
0
b. Sec. 984.203(d)(3).
[[Page 22787]]
PART 1005--LOAN GUARANTEES FOR INDIAN HOUSING
0
68. The authority citation for part 1005 continues to read as follows:
Authority: 12 U.S.C. 1715z-13a; 15 U.S.C. 1639c; 42 U.S.C.
3535(d).
Sec. Sec. 1005.407, 1005.457, and 1005.517 [Amended]
0
69. Remove the text ``(including gender identity and sexual
orientation)'' where it appears in the following places:
0
a. Sec. 1005.407(b);
0
b. Sec. 1005.457(b); and
0
c. Sec. 1005.517(a)(1) and (a)(2).
PART 1006--NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM
0
70. The authority citation for part 1006 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 25 U.S.C. 4221 et seq.; 42
U.S.C. 3535(d), Pub. L. 115-141, Pub. L. 116-6, Pub. L. 116-94, Pub.
L. 116-260, Pub. L. 117-103, Pub. L. 117-328.
Sec. 1006.355 [Amended]
0
71. Amend Sec. 1006.355 by removing the words ``actual or perceived
sexual orientation, gender identity'' and adding, in their place, the
word ``sex''.
Scott Turner,
Secretary.
[FR Doc. 2026-08244 Filed 4-27-26; 8:45 am]
BILLING CODE 4210-67-P
</pre></body>
</html>Indexed from Federal Register on April 28, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.