HUD Swaps Gender Identity for Biology in Housing Access
Published Date: 4/28/2026
Proposed Rule
Summary
HUD is updating its rules to focus on biological sex instead of gender identity when it comes to housing programs. This means shelters and similar places can ask for proof of sex to keep everyone safe. These changes affect people using HUD programs and those running them, with public comments open until June 29, 2026.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
HUD replaces ‘gender identity’ with ‘sex’
HUD proposes to remove references to “gender” and “gender identity” across its regulations and replace them with “sex,” defined as an individual's immutable biological classification as either male or female. The change would apply across HUD programs (including Section 8, mortgage programs, homeless and domestic violence programs, fair housing enforcement, and community development programs) and is part of the proposed rule open for comment until June 29, 2026.
Shelters may require proof of biological sex
The proposed rule would allow facility providers operating temporary or emergency shelters and other facilities with shared sleeping quarters or shared bathing facilities to require “reasonable assurances or evidence” to establish a person's sex when placing or accommodating individuals. That change is explicitly applied to placement and accommodation decisions in shared sleeping or bathing settings.
Rule acknowledges denial of access to some individuals
HUD acknowledges the proposed revisions would result in denying individuals who claim a different gender identity than their biological sex access to their preferred single-sex shelters or accommodations; those individuals would need to seek other shelter options that are not limited to a single sex. HUD also states some organizations would have to follow rules inconsistent with their beliefs if they continue to accept federal funds.
HUD may preempt local laws; funding at risk
The proposed rule adds Sec. 5.106(e) stating that non-compliance by state or local entities due to conflicting local laws or policies may be considered a violation of federal requirements and be subject to enforcement actions, including withholding or revocation of federal funds provided through Community Planning and Development (CPD) programs. HUD also states it is considering preempting conflicting local laws for state or local entities receiving CPD funds.
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Key Dates
Department and Agencies
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