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A commenter advised that HUD require its recipients and subrecipients to build published policy and tips combating violence against individuals marginalized due to their sexual orientation or gender identification and to require knowledge selection to aid keep track of accountability. Comment: Commenters mentioned that they guidance the elimination of the inquiries prohibition provision for the subsequent motives: (1) The prohibition would most likely cause confusion in the context of applying § 5.106, as it may possibly be construed to prohibit any discussion of gender identification and (2) it appears to prohibit the plan and voluntary collection of demographic information about sexual orientation and gender identity for needs of plan evaluation-and, when an inquiry with regards to sexual orientation or gender id may possibly constitute discrimination or be evidence of discrimination beneath the rule, inquiries for legitimate and nondiscriminatory reasons must be permitted. Commenters mentioned that they supported the elimination of the prohibition to the extent that the final rule is very clear that shelter and housing companies can only inquire about an applicant's or resident's sexual orientation and gender identification for lawful functions for case in point, to identify device dimension and as element of the program and voluntary selection of demographic info about sexual orientation and gender id for method analysis, so prolonged as the details is collected and employed for nondiscriminatory needs in a nondiscriminatory manner.



HUD Response: Although the ultimate rule removes the provision of § 5.105 that prohibited inquiries into an individual's sexual orientation or gender identification for applications of facilitating providers' compliance with the need of § 5.106 that an person is to be admitted, placed, accommodated, and delivered solutions in accordance with the individual's gender id, HUD agrees with commenters that transgender and gender nonconforming people must not be necessary to remedy invasive thoughts about their anatomy or medical historical past in purchase to be accommodated and presented companies in CPD systems. HUD emphasised that it would only permit recipients or subrecipients to inquire about a person's sexual orientation or gender identification for lawful, nondiscriminatory functions. HUD Response: As noted in HUD's proposed rule, removing of the inquiries prohibition would allow for short term, emergency shelters and other amenities with physical constraints or configurations that demand and are permitted to have shared sleeping quarters or shared bathing amenities to ask the individual's gender identity, and it would permit inquiries of the individual's gender id and sexual orientation to determine the number of bedrooms to which a domestic is entitled. With regard to commenters' concerns about the institution of guidelines, § 5.106(b) of this closing rule (and of the proposed rule) involves that the admissions, occupancy, and functioning insurance policies and strategies of recipients, subrecipients, proprietors, operators, administrators, and vendors (lined by this rule), like procedures and treatments to secure privateness, well being, protection, and security, shall be established or amended, as vital, and administered in a nondiscriminatory manner so: (1) Equal obtain to applications, shelters and other properties and amenities, rewards, providers, and lodging is presented to an individual in accordance with the individual's gender id, and in a manner that affords equal access to the individual's spouse and children (2) an particular person is put, served, and accommodated in accordance with the individual's gender identification (3) an specific is not subjected to intrusive questioning or requested to present anatomical information and facts or documentary, actual physical, or professional medical proof of the individual's gender identification and (4) constant with § 5.105(a)(2),eligibility determinations are designed and assisted housing is designed accessible in CPD plans with out regard to precise or perceived gender identification.



In the closing rule, to prohibit inappropriate inquiries related to gender identification, HUD incorporated language in § 5.106(b) stating that it would be inappropriate to issue individuals to intrusive questioning or talk to them to provide anatomical information or documentary, bodily, or health-related evidence of the individual's gender identity. The commenter mentioned that HUD must recognize in a subsequent observe the unique sorts of people and entities that have these duties inside of each and every housing method. In addition, as famous earlier in this preamble, CPD previously issued guidance, "Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities" (Notice CPD-15-02, Feb. 20, 2015), which outlines greatest practices for correct and inappropriate inquiries relevant to sexual intercourse and provides steerage, and suggests staff members teaching, on addressing protection or privacy fears. HUD undertook intense teaching attempts next publication of its 2012 Equal Access Rule and 2015 Notice CPD-15-02, and HUD intends to do the exact same for this CPD Equal Access Rule. HUD direction and instruction on its Equal Access rules include these topics.



HUD Response: HUD's 2012 Equal Access Rule and this CPD Equal Access Rule explicitly acknowledge the greater rate of discrimination and functions of violence professional by transgender people and equally regulations address the problem that transgender people and other gender nonconforming folks must be in a position to participate in HUD applications on an equal foundation as all other program members. Further, as HUD described in the CPD Equal Access proposed rule, VAWA imposed a new grant condition that prohibits discrimination by recipients of grants administered by DOJ, which include grants to offer housing assistance for survivors of domestic violence. Although this provision relates to DOJ, and mom-daughter-Sex not to HUD, HUD noted that on April 9, 2014, DOJ's revealed direction entitled "Frequently Asked Questions: Nondiscrimination Grant Condition in the Violence Against Women Reauthorization Act of 2013," which addresses how a receiver of DOJ money can operate a solitary-intercourse facility funded as a result of VAWA and not discriminate on the basis of gender id. The DOJ guidance states that recipients that function intercourse-segregated or intercourse-particular courses should really assign a beneficiary to the team or service that corresponds to the gender with which the beneficiary identifies, and could consider on a scenario-by-situation basis no matter if a unique housing assignment would make certain the victim's well being and basic safety, but recipients may possibly not make a dedication about companies for one particular beneficiary dependent on the complaints of a different beneficiary when those issues are dependent on gender id.