Comment Submitted by East Bay Housing Organizations (EBHO)

I am writing on behalf of East Bay Housing Organizations (EBHO) to strongly oppose the proposed changes to the Equal Access Rule issued by the U.S. Department of Housing and Urban Development (HUD). EBHO is an affordable housing advocacy organization that mobilizes the wisdom and power of our members to produce, preserve and protect affordable housing opportunities for low-income communities in the eastern part of the San Francisco Bay Area. This proposal would remove critical protections that ensure fair and equal access to housing and services, particularly for transgender, nonbinary, and intersex people. By redefining “sex” in a restrictive way and allowing providers to require documentation or proof, the rule opens the door to discrimination, denial of services, and unsafe conditions for people seeking housing assistance. At a time when homelessness is increasing and affordable housing is scarce, we can’t afford to exclude anyone from shelter unnecessarily. The harder it is for someone to seek shelter, the longer they may be on the street. If people cannot seek shelter in accordance with their gender identity, they may be forced to sleep outside. Unsheltered people, especially unsheltered trans and gender non-conforming people, face increased risk of violence or impacts of extreme weather. Communities will have to incur more costs associated with caring for more people on the streets – leading to greater strain on emergency services and local budgets. n addition to the attack on shelter access for the transgender community, HUD appears to also be moving to eliminate housing protections for the LGBTQ+ community across the board. By removing “actual or perceived sexual orientation” and/or “gender”/”gender identity” from HUD’s regulations, the proposed rule could restrict access to HUD programs – from federal rental assistance to mortgage lending – for same-sex couples and transgender individuals. HUD made only weak justifications for removing protections to shelter access for the trans community but did not even try to justify its decision to strike sexual orientation protections broadly from HUD regulations. The proposed rule could mean that LGBTQ+ people would not only face additional barriers accessing emergency shelter but also the rental assistance that provides a long-term solution to homelessness. Removing this language could mean a housing agency or owner of a HUD-subsidized house could refuse to allow an LGBTQ+ couple to live together in a one-bedroom home or take away a family’s rental assistance because of someone’s sexual orientation or gender identity. Housing agencies or owners could also require people applying for rental assistance to provide proof of identity that conflicts with their gender identity and refuse people assistance if they don’t have those documents. This proposed regulation should be withdrawn in its entirety- and the current Equal Access Rule maintained. Sincerely, Rev. Sophia DeWitt Chief Program Officer East Bay Housing Organizations (EBHO)