1. Region 1 Monthly Community Call
Implementing HUD’s Equal Access and Gender Identity Rule

2. Your Regional Team Members
Name
Communities
Ryan Burger, ICF
MA-502, MA-503, MA-504, MA-505, MA-509, MA-516, MA-517, MA-518
(interim): ME-500, ME-502, VT-500, VT-501
Tom Albanese, Abt Associates
CT-503, CT-505
Ashley Mann-McLellan, TAC
MA-500, MA-506, MA-510, MA-511, MA-515, MA-519, RI-500
Jon Cox, Center for Social Innovation
MA-507, MA-508, NH-500, NH-501, NH-502

3. Webinar Logistics Slides will be available after the webinar
To submit a question: Type your question in the Q&A box (select either “all participants” or “all panelists”)
To ask a question: Raise your hand and you will be unmuted (functionality only available for those who have called in via phone)
Please submit any technical issues related to WebEx in the chat box

4. Agenda Welcome and Introductions Equal Access and Gender Identity Rule
Review Equal Access and Gender Identity Rule
Question and Answer
Tier 2 Unfunded Project Technical Assistance

5. HUD’s Equal Access and Gender Identity Rule
In effect October 21, 2016
Equal access is provided in all HUD assisted programs
CoC, ESG, HOME, CDBG, HOPWA, Housing Trust Fund, Rural Housing
Individuals are housed in accordance with gender identity
No requirements for individuals to “prove” gender identity for service
Providers must update policies and procedures to reflect requirements

6. Providing Equal Access
Providers may not deny access to a single-sex emergency shelter or facility because a client’s ID, appearance, or behavior indicates a sex different than the gender with which the client identifies
A provider may not ask questions or otherwise seek information or documentation concerning a person’s anatomy or medical history related to their gender identity or expression

7. Providing Equal Access
HUD-funded family shelters may not deny services to clients of any gender if they are eligible
HUD-funded family shelters may never discriminate on the basis of gender. Some projects have erroneously established a policy of not housing males over the age of 13 or requiring them to seek other housing, thus separating them from their families
This involuntary separation is prohibited by (e) of the CoC Program Interim Rule and is a violation of the Equal Access Rule.

8. Creating Inclusive Spaces
In very limited instances, providers are permitted to segregate services based on gender due to physical limitations and the nature of the temporary, emergency shelter, such as operating with open, congregate sleeping facilities and bathrooms.
The provider must ensure that housing and services to all eligible individuals identifying with that gender, including individuals whose gender identity does not match the sex assigned at their birth.

9. Creating Inclusive Spaces
Staff must take non-discriminatory steps that may be necessary and appropriate to address privacy concerns raised by residents
The provider must ensure that its policies do not isolate or segregate clients within the project
Accommodations should be available to all vulnerable clients and not restricted for use by transgender or gender non-conforming residents
Staff may offer a resident a room, floor or bed that is in proximity to staff workstations.
Staff may offer a resident access to rooms, floors or beds set aside for residents with increased vulnerability. However, Staff may offer to assist a resident in identifying an alternate project that will provide comparable services and provide a referral. Staff should make reasonable efforts to ensure a vacancy exists, that the resident is eligible for that project, and that the client is able to enroll in the alternate project.
A strategy of last resort could be to offer a client a hotel or motel voucher. However, to be a comparable option, the voucher must be offered for the full period of time the original project site would be able to shelter the client, and the client has access to comparable services and resources either via an outreach team or a supportive service project.

10. Creating Inclusive Spaces
Varying the use of time and space supports client privacy and respect
Establish a single-use bathroom for client use at specific times of the day, if possible
Establish times that parts of the facility can be used privately by any client, not just those who are transgender or non-binary
The use of bathroom and shower facilities for every client is an important part of maintaining hygiene and dignity. Many cities and communities have established bathrooms that are for individual use and do not have a gender marker on the door. Some facilities have designed bathrooms that permit congregate use by all genders, with individual stalls designed to maintain privacy and dignity. These options may or may not be reasonable for a given project. Regardless, strategies exist to accommodate any client with a need for individual or private showers or bathrooms. Clients with special health concerns, trauma histories or other needs may also make reasonable requests for accommodations.

11. Creating Inclusive Standards
It is an inaccurate perception that another client’s gender expression threatens their health or safety, or the safety of other clients
While a client may request a certain accommodation (privacy, scheduling, etc.), staff may not impose a certain accommodation or requirement on a client, regardless of gender identity or sexual orientation
It is important to both educate clients and maintain all clients’ confidentiality. No discussion should be about specific individuals in the shelter. Staff can use this opportunity to discuss the priorities of the project, to serve everyone who is eligible, to reinforce that staff are responsible for safety and are careful only eligible clients are enrolled, or to review the complaining client’s case plan and refocus their attention to making progress moving out of shelter.
Transgender individuals in particular are impacted by violence and discrimination in ways that both contribute to their homelessness and keep them from accessing necessary shelter and services. One in ten transgender individuals report being evicted based on their gender expression. One in five reports being denied an apartment or home based on gender expression. Even when seeking shelter, transgender individuals are at significant risk of harassment and physical and sexual assault. Nearly 30% of homeless transgender individuals report being turned away from a shelter due to their transgender status and 22% report experiencing sexual assault perpetrated by staff or other shelter residents.2 The Equal Access Rule clearly prohibits these discriminatory actions.

12. Creating Inclusive Standards
All projects should rely on existing policies and procedures regarding violent or threatening behavior
Privacy and confidentiality
Verbal and physical harassment
Anti-discrimination
Reasonable accommodations
“Extra” space isn’t necessary to serve transgender or non-binary clients seeking services. Serving these clients is part of what HUD funded services do as part of their usual work, not as an added bonus.

13. White Board
Type onto the white board (click the “Aa” button on the left to annotate) your biggest challenges related to:
Changing program design
Providing reasonable accommodations to participants
Providing training to staff, and monitoring for compliance
Implementing non-discrimination policies and procedures

14. Question
Q: Does a couple that presents for service have to be married to be considered a couple or family? I am a CoC Board member and we have some faith-based providers that require proof of marriage prior to enrolling a household with male and female adults in emergency shelter and transitional housing programs.

15. Answer
A: Under HUD's Homeless Assistance Programs, the people who present together for assistance, regardless of age, marital status, relationship, or sexual orientation and gender identity, are considered a household. It is not allowable that couples must present proof of marriage in order to be served in a family program.
As defined by the Equal Access Rule, family includes, but is not limited to, regardless of marital status, actual or perceived sexual orientation, or gender identity, the following:
1. A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or,
2. A group of persons residing together, and such group includes, but is not limited to:
1. A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);
2. An elderly family;
3. A near-elderly family;
4. A disabled family;
5. A displaced family; and,
6. The remaining member of a tenant family.

16. Question
Q: I am a program manager at a homeless shelter that receives HUD ESG funding that serves women ages and their children. The organization will accept transgender clients who identify as female, but are we also required to serve homeless males and transgender males ages and their children? I thought that women and children were a specific population that HUD permits to be served. While the organization is not a DV shelter, many of the women who come there have suffered DV trauma, and serving men could pose a risk.

17. Answer
A: ESG and CoC funded emergency shelters and transitional housing programs are not permitted to limit assistance to female-identifying heads of households with children. If the shelter serves any families with children, it must serve all families with children, meaning that it is not permitted to exclude male-headed households with children.
Additional guidance on the definition of ‘family’ and how it applies to recipients and subrecipients of ESG and CoC Program funds may be reviewed in the CoC FAQ 1529, which can be found here:

18. Ask A Question
To submit a question: Type your question in the Q&A box (select “all participants” or “all panelists”)
To ask a question: Raise your hand and you will be unmuted (functionality only available for those who have called in via phone)

19. Tier 2 Unfunded Project
Technical Assistance

20. Tier 2 Unfunded Project Technical Assistance
FY16 CoC Program Competition Funding announced December 20, 2016
Projects across the country did not receive funding or were reallocated by CoCs
TA is being offered to CoCs with TH, PSH, RRH, and SH projects that were reallocated or not funded
Purpose: Plan for re-housing project participants, plan for assets, CoC processes, address gaps
On Tuesday, December 20, 2016 HUD announced the FY2016 Continuum of Care Program Competition Funding. For many Continuums of Care across the country, some projects were funded and some were not. To assist Continuums and Project Recipients with the loss of funding and potential closing of projects, HUD is offering technical assistance to those communities.
The focus of the technical assistance is to assist Continuums of Care to ensure that all project participants do not experience homelessness as a result of the funding decisions, assist providers to determine the best use of project resources and assets, and to assist CoCs to determine the best approach to address potential gaps, revising coordinated entry processes, and communicating with community stakeholders.

21. Tier 2 Unfunded Project Technical Assistance
Requesting Technical Assistance
Sign-up through Regional TA Team Member
your Regional Contact with the following information:
a) CoC Name
b) Project Name(s) and Project Types (PSH, RRH, TH, or SH only)
c) Brief description of your technical assistance needs

22. Your Regional Team Members
Name
Communities
Ryan Burger, ICF
MA-502, MA-503, MA-504, MA-505, MA-509, MA-516, MA-517, MA-518
(Interim): ME-500, ME-502, VT-500, VT-501
Tom Albanese, Abt Associates
CT-503, CT-505
Ashley Mann-McLellan, TAC
MA-500, MA-506, MA-510, MA-511, MA-515, MA-519, RI-500
Jon Cox, Center for Social Innovation
MA-507, MA-508, NH-500, NH-501, NH-502