HUD Notice Related to Transgender Homeless Persons

On February 20, 2015, HUD issued Notice CPD-15-02, giving additional guidance related to transgender persons. Entitled Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities, the notice states the following:

"Following the issuance of the Equal Access Rule [Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity final rule (Equal Access Rule) (77 FR 5662)], HUD has determined that it is necessary to provide additional guidance on how best to provide shelter to transgender persons in a single-sex facility. HUD is continuing to evaluate whether setting a national policy through rulemaking is necessary. [...] HUD is providing this guidance to recipients and subrecipients that place eligible persons in single-sex emergency shelters or other facilities receiving Emergency Solutions Grants (ESG), Continuum of Care (CoC) or Housing Opportunities for Persons with AIDS (HOPWA) funds."

"It is the responsibility of the recipient to ensure that it and its subrecipients comply with the Equal Access Rule. In furtherance of such, recipients and subrecipients should provide this Notice to staff members and contractors so as to ensure that employees and contractors who interact directly with potential clients and current clients are aware of it and take prompt corrective action to address noncompliance. Moreover, they should provide training to staff on completing intakes consistent with this guidance. If HUD finds a recipient or subrecipient has failed to meet program requirements, HUD may take actions such as those described in 24 CFR 576.501 or 24 CFR 574.540."

If you presently are a facility that receives ESG, HOPWA, or CoC funds, it is critical that you review these guidelines related to assignment, inquiries related to gender, privacy, and training. You can access the notice on the HUD website.

MHSA will continue to monitor HUD's developing policy on this issue and whether they will develop a rule in the near future.