Proposed Rule Prohibits Sexual Orientation and Gender Identity Discrimination in Native American and Native Hawaiian Programs

HUD’s Office of Public and Indian Housing (PIH) published a proposed rule to revise the Native American and Native Hawaiian programs by incorporating an existing fair housing rule, the Equal Access rule published on February 3, 2012 (see Memo, 2/3/12), which requires HUD programs to be available regardless of sexual orientation or marital status. The proposed revisions would also incorporate a proposed Gender Identity rule published on November 20, 2015 by HUD’s Office of Community Planning and Development (see Memo, 12/7/15).

HUD did not originally include the Native American and Native Hawaiian programs in either the final Equal Access rule or the proposed Gender Identity rule so that more tribal consultation could take place. HUD sent letters to tribal leaders on January 28, 2015, seeking comments on the forthcoming proposed rule. Only one tribally designated entity responded, and it opposed the rule.

If finalized, the proposed rule would apply to the following programs: Native American Housing Activities (24 CFR part 1000), Community Development Block Grants for Indian Tribes and Alaska Native Villages (24 CFR part 1003), Section 184 Indian Home Loan Guarantee Program (24 CFR part 1005), Native Hawaiian Housing Block Grant Program (24 CFR part 1006), and Section 184A Loan Guarantees for Native Hawaiian Housing (24 CFR part 1007).

The proposed rule is at