Dear Office of General Counsel:

I am writing on behalf of the African American Clergy Collective of Tennessee (AACCTN) in response to the Department of Housing and Urban Development’s proposed rule published in the Federal Register on April 28, 2026 (RIN 2501‑AE12; HUD Docket No. FR‑6518‑P‑01), Equal Access to Housing in HUD Programs Revisions. AACCTN is a statewide network of Black clergy representing congregations across Memphis, Nashville, Knoxville, Chattanooga, Jackson, and rural West Tennessee. Our mission is to protect the dignity, safety, and well‑being of vulnerable Tennesseans, including LGBTQ+ individuals who already face disproportionate barriers to housing and shelter.

We strongly oppose this proposed rule. It is a cruel and baseless attack on LGBTQ+ families, rooted in harmful and untrue stereotypes about transgender people, particularly transgender women. If implemented, it will cause grave harm to individuals, families, and entire communities. We urge HUD to withdraw this rule in its entirety and maintain the existing Equal Access protections.

In my work as a community organizer in Memphis, I support individuals facing eviction, homelessness, and housing instability. Tennessee is already in a severe housing crisis. More than 10,000 Tennesseans experience homelessness each year, and Shelby County alone accounts for nearly half of the state’s total homelessness, with over 2,000 people unhoused on any given night. Transgender Tennesseans face even greater vulnerability: the 2022 U.S. Transgender Survey found that 30% of transgender adults in the South have experienced homelessness, and 1 in 5 were denied shelter because of their gender identity. In Memphis, where we have only one shelter bed for every three people experiencing homelessness, the need for safe, accessible shelter is urgent.

The proposed rule would make shelter less safe and less accessible for transgender and gender‑nonconforming Tennesseans by rescinding the protections established in the 2012 and 2016 Equal Access Rules. Most concerning, it would allow HUD‑funded shelters to exclude transgender people from facilities that match their gender identity and permit invasive and humiliating “sex verification” practices. These provisions violate the Fair Housing Act’s prohibition on sex discrimination and would place transgender individuals at heightened risk of violence, harassment, and denial of services.

In Tennessee, the consequences would be immediate and severe. In Memphis, only two major shelters currently accept transgender individuals according to their gender identity. Under this proposed rule, many shelters would be permitted — and in some cases encouraged — to deny access, leaving transgender people with nowhere safe to go. Nashville’s 2025 Homeless Assessment Report found that transgender individuals were twice as likely to experience unsheltered homelessness compared to cisgender peers. LGBTQ+ youth in Tennessee are 120% more likely to experience homelessness than non‑LGBTQ+ youth. This rule would dramatically shrink the already limited number of safe shelter beds in our state.

Our transgender clients already face disproportionate levels of violence, harassment, and family rejection. Forcing transgender women into men’s shelters — or denying them shelter altogether — will increase the likelihood of assault, exploitation, and trauma. Many will choose to remain with abusive partners or sleep outside rather than enter a hostile shelter environment. Memphis is already struggling with high levels of unsheltered homelessness, particularly in downtown and North Memphis. This rule would worsen that crisis.

HUD’s proposal also creates legal conflict. While Tennessee lacks statewide protections for transgender people in shelters, several municipalities — including Memphis and Nashville — have local nondiscrimination ordinances that prohibit discrimination based on gender identity in housing‑related services. This rule would place shelters in these jurisdictions in an impossible position: comply with HUD’s discriminatory rule and violate local civil rights laws, or follow local law and risk losing federal funding. HUD does not have authority to preempt local civil rights protections through regulation.

Beyond shelters, the proposed rule would also undermine access to HUD‑subsidized housing by removing language that prohibits discrimination based on gender identity and sexual orientation. It would allow providers to deny LGBTQ+ families recognition as a “family” or “household,” creating new barriers to vouchers, public housing, and supportive housing. This will disproportionately harm LGBTQ+ Tennesseans, who already face higher eviction rates, higher poverty rates, and fewer safe housing options.

As clergy, we are called to protect the vulnerable, uplift the marginalized, and ensure that every person — regardless of gender identity — has access to safety, dignity, and shelter. This proposed rule does the opposite. It endangers lives, undermines civil rights, and deepens the housing crisis in Tennessee.

On behalf of the African American Clergy Collective of Tennessee, we urge HUD to:
*Withdraw the proposed rule in its entirety
*Maintain and strengthen the 2012 and 2016 Equal Access protections
*Ensure that all HUD‑funded shelters and housing programs remain safe, accessible, and nondiscriminatory

Thank you for the opportunity to comment.
Respectfully submitted,
African American Clergy Collective of Tennessee (AACCTN)
Memphis, Tennessee