What Is the Equal Access Rule?

Originally published in 2012, “The Equal Access Rule ensures that the U.S. Department of Housing and Urban Development (HUD)’s housing programs are available to all eligible individuals and families, regardless of family composition, sexual orientation, gender identity, or marital status” (National Alliance to End Homelessness, May 2025). In 2016, the Equal Access Rule was updated to provide clear and detailed guidance on serving and housing people in shelter or facilities with shared sleeping or hygiene areas, in accordance with their gender identity. The 2016 rule also specifically addressed barriers for transgender and gender non-conforming people.

The Equal Access Rule and the Violence Against Women Act (VAWA) are among the few federal protections that explicitly prohibit discrimination based on these classes. VAWA 2022 reauthorization and amendments included protections for victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.

What Does It Mean for Domestic and Sexual Violence Survivors?

As the National Alliance to End Homelessness (NAEH) points out, “the Equal Access Rule sets a standard definition of family that is self-defined by any group of people presenting for assistance, with or without children, and irrespective of age or relationship” (2025).This is critical for survivors of domestic and sexual violence with non-nuclear family structures, such as queer and trans couples, blended families and households that include one or more extended family members, and families headed by two unmarried partners, who may already face barriers in accessing shelter or housing. The current Equal Access Rule is in alignment with the nondiscrimination and accessibility legal requirements under VAWA and the Family Violence Prevention and Services Act (FVPSA), which means that both shelter and housing programs, as well as survivors, have clear guidance and expectations under the law. Clarity and consistency help mitigate the anxiety and fear that survivors experience when leaving dangerous situations and make it easier for domestic and sexual violence programs to understand who and how they serve survivors. Domestic and sexual violence service providers know from decades of experience that exclusionary practices do not lead to safety. In fact, they have the opposite effect: making the most vulnerable groups a greater target for violence.

What’s Happening Now?

In February, Secretary Turner issued orders directing HUD to halt enforcement actions relating to the 2016 rule. With questions arising about the rule’s future enforcement, the National Resource Center on Domestic Violence has joined the National Alliance to End Homelessness and other national partners in raising public awareness and preparation for an anticipated public comment period. Public comment is a 60-day process where organizations and individuals can weigh in on potential federal rule changes and submit their input to the relevant agency—in this case, HUD.

What You Can Do

We all have a role to play in protecting the rights of survivors. Transgender people, in particular trans women of color, experience disproportionately high rates of physical and sexual violence, and experiences of homelessness and housing discrimination are also high for transgender people. Just as in 2018—perhaps even more so—we must affirm “our support for non-discrimination protections, including the HUD Equal Access Rule, that are inclusive of transgender survivors and all survivors of sexual and domestic violence” (National Task Force to End Sexual and Domestic Violence, April 2018).

The equal access rule is still in effect. As such, and in alignment with VAWA and FVPSA provisions, shelters and housing programs must continue to admit people experiencing homelessness based on their self-identified gender and family composition.

Additional action steps have been outlined by the National Alliance to End Homelessness:

Begin Community-Level Education: Despite the threats at the federal level, the Equal Access Rule remains in effect. You can start conversations today with key partners, including your board, volunteers, and local elected officials, to educate them about the importance of this rule, its vital protections, and why it is needed in your community.

Gather Stories: If you or someone you know has faced barriers accessing shelter and housing resources based on gender identity, sexual orientation, or marital status—or has benefited from more equal access to housing and services—please fill out this questionnaire.

Prepare to Submit a Public Comment: To rescind, weaken, and/or replace theEqual Access Rule, HUD will need to issue a 60-day public comment period. You can start thinking today about ways you can contribute to this comment period by:

Identifying partners in your community who can submit public comments. Think about strategic partners who can lend different kinds of credibility to the issue – e.g.,elected officials and/or faith-based organizations. Remember that domestic and sexual violence service providers are critical partners in this public comment period and consider who you can partner with if visibility is a concern for your organization.

Identifying narratives to share in your public comment: how has the Equal Access Rule positively impacted the people you serve, your organization, and the greater community? What are the risks of any attempt to weaken this rule? How will your programs and the community at large be impacted?

Sign up for NAEH Advocacy Alerts: To stay informed about ways you can defend the Equal Access Rule, please sign up for the NAEH’s Advocacy Alerts. The NAEH can keep you updated on developments in the administration and provide talking points and opportunities to weigh in with decision makers. (National Alliance to End Homelessness, 2025)