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HUD/CPD | RIN: 2506-AC53 | Publication ID: Fall 2020 |
Title: Revised Requirements for Determining an Individual's Sex for Admission or Placement in Facilities Under Community Planning and Development Housing Programs (FR-6152) | |
Abstract:
This 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 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 rule does not dictate a required basis for making determinations other than that they be consistent with an overall policy. The 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. |
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Agency: Department of Housing and Urban Development(HUD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final 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 |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Local, State |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Public Comment URL: https://www.regulations.gov/docket?D=HUD-2020-0047 | |
RIN Data Printed in the FR: No | |
Agency Contact: Christina Brown Director of Regulatory Reform Department of Housing and Urban Development Office of General Counsel, 451 Seventh Street SW, Washington, DC 20410 Phone:202 708-2244 |