HUD Aims to Reverse Protections for Homeless Transgender People Accessing Shelters

Author: The Williams Institute
Published: Thursday 23rd July 2020
Summary: U.S. Department of Housing and Urban Development (HUD) proposed rule aims to revise Equal Access rule which requires HUD-funded housing services to be provided without discrimination based on sexual orientation or gender identity.

The U.S. Department of Housing and Urban Development today released a proposed rule that aims to revise the Equal Access rule, which requires HUD-funded housing services to be provided without discrimination based on sexual orientation or gender identity. The new rule, if finalized, would allow homeless shelters to deny transgender people access to single-sex and sex-segregated shelters that align with their gender identity.

"Poverty and homelessness disproportionately impact transgender people, particularly transgender people of color and youth. This rule, if finalized, would negatively impact an already vulnerable population during a period of economic downturn," said Luis Vasquez, Renberg Law Fellow at the Williams Institute at UCLA School of Law. "In addition, the rule authorizes shelters to consider a list of physical characteristics when determining an individual's sex for admission into a sex-segregated or single-sex facility - an approach that could seriously impact people who don't conform to gender stereotypes, even if they aren't transgender."

Key Research

• LGBTQ youth make up 22% of homeless youth.
• 8% of transgender adults report experiencing homelessness in the past year, compared to 3% of non-transgender LGB people and 1% of cisgender, heterosexual adults.
• Nearly 30% of transgender people are living in poverty, significantly higher than almost all other cisgender groups of people.
• According to the 2015 US Transgender Survey (USTS), conducted by the National Center for Transgender Equality, 70% of respondents who experienced homelessness and stayed in a shelter in the previous year reported some form of mistreatment, including being harassed, assaulted, or kicked out because of their gender identity.
• More than one-quarter (26%) of USTS respondents who experienced homelessness in the previous year avoided staying in a shelter because they feared being mistreated.
• Over 20% of transgender respondents to the USTS who experienced homelessness in the past year had attempted suicide during that time.
• Transgender people who reported that they had been denied equal treatment in the past year because they are transgender were more than twice as likely to attempt suicide than those who had not been denied equal treatment (13.4% compared to 6.3%).
• Over 30% of those who were physically attacked in a place of public accommodation reported attempting suicide in the past year, which is over four times the prevalence among respondents who were not similarly attacked.
• 98% percent of transgender respondents to the USTS who had undergone four experiences of discrimination or violence in the past year--losing a job, eviction, homelessness, and physical attack--reported seriously thinking about suicide and 51% attempted it.

"Research shows that there is a cumulative effect of experiencing multiple minority stressors, such as discrimination, economic insecurity, and violence, which is associated with dramatically higher prevalence of suicide thoughts and attempts among transgender people," said Jody Herman, Scholar of Public Policy at the Williams Institute. "This rule may increase minority stress and related health impacts for those who are already facing challenging circumstances."

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