Flood of Biden Rulemaking Expected in May

Final rules must be published soon to avoid potential rollbacks.

By Nicole Upano |

4 minute read

As part of the American system of Checks and Balances, the legislative branch has the power to overturn federal rules promulgated by the executive branch. The Congressional Review Act (CRA) is a tool used by Congress to rollback rules established under previous administrations and published close to an election.

In 2017, the Trump administration directed attention to the CRA by repealing 16 Obama-era rules. The National Apartment Association (NAA) expects federal agencies to release a deluge of final rules before the next CRA deadline—which experts suggest is May 22, 2024—to reduce the risk of rollbacks under a potential second Trump term and protect President Biden’s legacy.

Learn which final rules are on NAA’s radar for a May release:

The CRA applies to final rules, including major rules, nonmajor rules and interim final rules - and could also include agency actions that are not subject to traditional rulemaking requirements, such as agency guidance and memoranda. This could trigger more agency actions in the next month, such as:

Much like our sweeping federal advocacy efforts to address the Blueprint, NAA continues its advocacy to ensure the rental housing industry’s voice is heard and represented in these rulemaking discussions and has worked hard to preserve all options at our disposal to push back on these adverse regulatory actions. Last year, NAA’s advocacy helped prevent immediate changes urged by renters’ rights advocates. When final rules are released, we stand ready to assist the industry in understanding their new compliance responsibilities.

To learn more about our federal regulatory advocacy, contact Nicole Upano, NAA’s AVP of Housing Policy & Regulatory Affairs.