Attorney General Bonta Opposes Trump Administration’s Effort to Remove Rules Protecting Americans from Housing Discrimination

OAKLAND -California Attorney General Rob Bonta yesterday co-led a coalition of 21 attorneys general in submitting a comment letter opposing the U.S. Department of Housing and Urban Development (HUD)'s proposal to dismantle its rules prohibiting housing discrimination based on sexual orientation and gender identity. HUD's proposal would conform HUD's regulations with President Trump's executive order targeting LGBTQ+ individuals by removing all references to gender, sexual orientation, and gender identity from the regulations. In yesterday's letter, Attorney General Bonta and the coalition argue that HUD's proposal undoes important protections for LGBTQ+ individuals against discrimination, infringes on states' rights, and conflicts with several federal laws.

"The Trump Administration is working to advance its hateful agenda by undoing longstanding rules protecting LGBTQ+ Americans from discrimination," said Attorney General Bonta. "HUD's proposal baselessly attempts to undermine our and other states' rights to ensure all of our residents are treated fairly and have equal access to housing services. We will not stand by as HUD disregards the facts and the law in its efforts to target LGBTQ+ individuals. We will fight to safeguard crucial anti-discrimination regulations and protect LGBTQ+ Americans from unjust roadblocks."

In 2012, to address the significant housing discrimination experienced by LGBTQ+ people nationwide, HUD enacted its first equal access rule, which prohibits discrimination on the basis of sexual orientation and gender identity in HUD's rental housing programs. The 2012 Rule also protects LGBTQ+ people experiencing homelessness by prohibiting discrimination in HUD's emergency shelter and temporary housing programs.

After extensive research demonstrated that transgender people faced significant discrimination and harassment when they sought to access emergency shelter, HUD enacted its second equal access rule in 2016. The 2016 Rule requires HUD-funded shelters and service providers to provide equal access to these critical resources regardless of person's gender identity. Under this rule, temporary or emergency shelters and other facilities with shared sleeping and bathing facilities funded by HUD's Community Planning and Development programs must provide access to these shelters and facilities based on a person's gender identity.

On April 28, 2026, HUD published a proposed rule that seeks to conform HUD's regulations with President Trump's executive order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The proposed rule would repeal both the 2012 and 2016 equal access rules; require that shelters and other facilities with shared sleeping and bathing facilities make placement and accommodation decisions based on a person's sex, as opposed to their gender identity; and remove all references to "gender," "sexual orientation," and "gender identity" from all HUD regulations, replacing them with "sex."

In yesterday's letter, Attorney General Bonta and the coalition urge HUD to withdraw its proposed rule. Attorney General Bonta and the coalition argue that:

• HUD's proposed rule repeals evidence-based regulations that are necessary to protect LGBTQ+ individuals from discrimination. In violation of the Administrative Procedure Act, HUD has failed to properly consider how its proposed rule will lead to a rise in homelessness and increase discrimination against and harassment toward LGBTQ+ individuals seeking access to HUD-funded housing programs, shelters, and services.
• The proposed rule will cause disruption to States' homelessness response systems and undermine States' anti-discrimination laws.
• The proposed rule harms States' legitimate interest in enacting and enforcing policies that reduce homelessness, prevent discrimination, and provide affordable housing services to their residents.
• The proposed rule directs policy changes that would directly conflict with the Constitution, the Fair Housing Act, and other federal laws, including those that ensure equal legal protection for all Americans and prohibit discrimination based on sexual orientation and gender identity.
• HUD lacks statutory authority to impose the proposed rule and does not provide adequate reasoning or evidence to support its proposed changes.

In filing the letter, Attorney General Bonta is joined by the attorneys general of New York, Washington, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, and Virginia.