HUD Issues Housing Notice on HUD’s Equal Access Rule

Housing Notice H-2015-06, Program Eligibility in Multifamily Assisted and Insured Housing Programs in Accordance with HUD’s Equal Access Rule, was issued on July 13, 2015.

As you may recall, on February 3, 2012, HUD published a final rule entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (77 FR 5662).  The rule ensures that housing across HUD programs is open to all eligible individuals and families regardless of actual or perceived sexual orientation, gender identity, or marital status.

The July 13, 2015 notice provides detailed guidance to owners on how the Equal Access Rule applies to Multifamily insured and assisted housing and the implications for owners that do not comply. To read the full notice, click here.

The Notice discusses the prohibition of inquiries on sexual orientation or gender identity when determining housing eligibility, unless such inquiries are lawfully permitted when temporary shelter is being provided and when determining the number of bedrooms a household may be entitled to.  Owners are encouraged to carefully evaluate their Tenant Selection Plan and other policies and forms (such as the application for housing) to determine if they comply with the Equal Access Rule.