Federal Register #FR6518P01

HUD Proposed Rule Revising Equal Access Regulations to Define 'Sex' by Biological Classification

The U.S. Department of Housing and Urban Development (HUD) is proposing regulatory changes to its Equal Access rules: - Seeks to align HUD regulations with an Executive Order focused on defining 'sex' as immutable biological classification (male or female) - Removes references to 'gender' and 'gender identity' from HUD program regulations - Affects a wide range of HUD programs, including public housing, rent subsidies, emergency shelters, and community development - Allows providers of single-sex or sex-specific facilities to require reasonable evidence of an individual's sex for safety purposes - Preempts conflicting state or local laws for entities receiving HUD funds - Enforces compliance through penalties, including potential loss of federal funding - No products, OEMs, or vendors are involved, as this is a regulatory change, not a procurement of goods or services

Description

This proposed rule aims to harmonize HUD's existing Equal Access regulations with the directives of the Executive Order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." It proposes to remove references to "gender" and "gender identity" from HUD regulations, replacing them with "sex," defined by immutable biological classification as male or female. The rule also allows grant recipients and providers under HUD programs with single-sex or sex-specific facilities to require reasonable assurances and evidence to confirm the sex of individuals seeking services to protect safety. Comments on the proposed rule must be received by June 29, 2026.

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