Statement on Housing and Urban Development (HUD) Rollback on Equal Access Rule Protections

We, the National Taskforce to End Sexual and Domestic Violence, condemn the proposed rule by the U.S. Department of Housing and Urban Development (HUD) that seeks to roll back non-discrimination protections provided in the current Equal Access Rule. The domestic violence/sexual assault field supported the inclusion of sexual orientation and gender identity (SOGI) protections in the Violence Against Women Act (VAWA) in 2013, and the Equal Access rule, has built all-inclusive services in federally funded housing, shelters and programs. We call on HUD to maintain the current Equal Access Rule, which ensures access to shelter for survivors of all identities, including those who identify as transgender.

NTF, along with hundreds of sexual assault and domestic violence programs, strongly supports full and equal access to housing and shelter for the transgender community and condemns any efforts that undermine inclusivity and safety. As this rollback was being developed, we met with Administration officials to voice support for the Equal Access Rule and all survivors, regardless of sexual orientation or gender identity. The continued false messaging that invokes fear for women’s safety as justification for discrimination against transgender individuals is unacceptable and harmful. We resoundingly reject it.

Transgender people have long been the targets of heinous acts of violence and harassment. Further, as highlighted most recently by the Black Lives Matter movement, Black transgender women are at particular risk of experiencing violence and even murder, revealing the intersection of racism and transphobia. Transgender survivors face incredible barriers to safety, increased discrimination and oppression, and disproportionate rates of homelessness. Additionally, data confirms that transgender individuals are more likely to experience physical and sexual violence than to perpetrate these acts. According to the 2015 Transgender Survey by the National Center for Transgender Equality (NCTE), 54% of transgender respondents experienced some form of domestic violence, and one in ten were violently attacked because of their gender identity. Survivor safety must include transgender survivors.              

Pushing discriminatory practices during the COVID-19 pandemic is especially harmful, as more people than ever are experiencing homelessness and seeking shelter from abuse. These circumstances render victims increasingly vulnerable. We cannot allow practices of inclusivity, developed by the DV/SA field and mandated by VAWA and the Equal Access Rule, to be eroded by discriminatory regulations, nor have violence against women used as a reason for replacing inclusive policies with discriminatory ones.

For more information, please contact Terra Russell-Slavin at tslavin@lalgbtcenter.org or Monica McLaughlin at mmclaughlin@nnedv.org.

For Advocates and Allies

Stand with us in the ongoing fight to end discrimination and violence, especially toward our most at-risk populations.

The proposed rule can be found at this link.  Template comments and social media tools will be made available for advocates and organizations to join us in opposing this change.

Want to know more about creating inclusive and accessible programs? Contact the National LGBTQ Institute on IPV, local LGBT anti-violence programs, your state/territory Domestic Violence or Sexual Assault Coalition, or the Domestic Violence Housing Technical Assistance Consortium