What Is the Equal Access Rule?
Originally published in 2012, “The Equal Access Rule ensures that the U.S. Department of Housing and Urban Development (HUD)’s housing programs are available to all eligible individuals and families, regardless of family composition, sexual orientation, gender identity, or marital status” (National Alliance to End Homelessness, May 2025). In 2016, the Equal Access Rule was updated to provide clear and detailed guidance on serving and housing people in shelter or facilities with shared sleeping or hygiene areas, in accordance with their gender identity. The 2016 rule also specifically addressed barriers for transgender and gender non-conforming people.
The Equal Access Rule and the Violence Against Women Act (VAWA) are among the few federal protections that explicitly prohibit discrimination based on these classes. VAWA 2022 reauthorization and amendments included protections for victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
What Does It Mean for Domestic and Sexual Violence Survivors?
As the National Alliance to End Homelessness (NAEH) points out, “the Equal Access Rule sets a standard definition of family that is self-defined by any group of people presenting for assistance, with or without children, and irrespective of age or relationship” (2025).This is critical for survivors of domestic and sexual violence with non-nuclear family structures, such as queer and trans couples, blended families and households that include one or more extended family members, and families headed by two unmarried partners, who may already face barriers in accessing shelter or housing. The current Equal Access Rule is in alignment with the nondiscrimination and accessibility legal requirements under VAWA and the Family Violence Prevention and Services Act (FVPSA), which means that both shelter and housing programs, as well as survivors, have clear guidance and expectations under the law. Clarity and consistency help mitigate the anxiety and fear that survivors experience when leaving dangerous situations and make it easier for domestic and sexual violence programs to understand who and how they serve survivors. Domestic and sexual violence service providers know from decades of experience that exclusionary practices do not lead to safety. In fact, they have the opposite effect: making the most vulnerable groups a greater target for violence.
