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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)  

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.

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
Action Date FR Cite
NPRM  07/24/2020  85 FR 44811   
NPRM Comment Period End  09/22/2020 
Final Action  04/00/2021 
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:  
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