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HUD/CPD RIN: 2506-AC53 Publication ID: Spring 2019 
Title: ●Revised Requirements Under Community Planning and Development Housing Programs (FR-6152)  
Abstract:

This proposed rule provides that grant recipients, subrecipients, owners, operators, managers, and providers (Shelter Providers) under HUD programs which permit single-sex or sex-segregated facilities (such as bathrooms or temporary, emergency shelters and other buildings and facilities with physical limitations or configurations that require and are permitted to have shared sleeping quarters or bathing facilities) may establish a policy, consistent with state and local law, by which such Shelter Provider considers an individual’s sex for the purposes of determining accommodation within such shelters and for purposes of determining sex for admission to any facility or portion thereof. The proposed rule permits Shelter Providers to consider a range of factors in making such determinations, including privacy, safety, practical concerns, religious beliefs, any relevant considerations under civil rights and nondiscrimination authorities , the individual’s sex as reflected in official government documents, as well as the gender which a person identifies with. The proposed rule does not dictate a required basis for making determinations other than that they be consistent with an overall policy. The proposed rule continues HUD’s policy of ensuring that its programs are open to all eligible individuals and families regardless of sexual orientation or gender identity.

 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 24 CFR 5   
Legal Authority: 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c-1(d), 1437d, 1437f, 1437n, 3535(d), and sec. 327, Pub. L. 109-115, 119 Stat. 2936    42 U.S.C. 3600-3620    42 U.S.C. 5304(b)    42 U.S.C. 12101 et seq.    42 U.S.C. 12704-12708    E.O. 11063, 27 FR 11527, 3 CFR, 1958-1963 Comp., p. 652    E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
David C, Woll
Principal Deputy Assistant Secretary
Department of Housing and Urban Development
Office of Community Planning and Development
451 7th Street SW,
Washington, DC 20410
Phone:202 708-2690