The Big Picture
On March 13, 2026, the Federal Trade Commission (FTC) published an Advance Notice of Proposed Rulemaking (ANPRM) on “Unfair or Deceptive Rental Housing Fee Practices."
The FTC is soliciting public comments to determine whether there is a need for a federal rule “to prevent persons, entities, and organizations from engaging in unfair or deceptive practices in connection with rental housing fees and charges.” Examples provided are:
- “[A]dvertising rent that fails to include all mandatory fees or charges,”
- “[I]mposing fees and charges without express informed consent,” and
- “[M]isleading consumers about the nature and purpose of fees or charges.”
Comments must be submitted in the Federal Register no later than April 13, 2026.
Deeper Dive
Providing nearly 75 questions in the ANPRM for the public to answer, the Commission is seeking public input on whether and how it should use its authority under section 18 of the FTC Act, 15 U.S.C. 57a, to address unfair or deceptive acts or practices involving rental housing fees and charges. Specifically, the answers aim to assist the Commission in deciding whether it should engage in rulemaking and what the coverage and scope of any such rule should be. The agency's press release outlines a more concise list of questions.
Section 18 of the FTC Act, 15 U.S.C. Sec. 57a, is critical to the FTC’s enforcement authority. It authorizes the Commission to prescribe “rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce” within the meaning of section 5(a)(1) of the Act (also known as the FTC’s “trade regulation rules”).
The Commission also seeks comment on “regulatory alternatives” or additional actions to supplemental rulemaking, such as publishing additional consumer and business education materials and hosting public workshops.
Activity To Date
The ANPRM comes after two settlements in September 2024 that challenged rental price transparency within the rental housing market. On January 30, 2026, the FTC announced that they had submitted a draft ANPRM to the Office of Management and Budget (OMB) for review. The proposed rule was submitted to the Office of Information and Regulatory Affairs (OIRA) within the OMB in accordance with Executive Orders 12866 and 14215, to ensure it aligns with President Trump’s priorities. State and local governments have also been taking action to adopt their own disclosure legislation for rental housing costs, including fee requirements.
The Industry’s Perspective
Alongside its partners, the National Multifamily Housing Council and Real Estate Technology & Transformation Center, the National Apartment Association (NAA) leads the industry’s advocacy with the FTC and OIRA on this issue. In the description of this ANPRM, the FTC highlighted the perspective we emphasized previously to regulators:
“Rental housing providers and their representatives, including local and national housing groups and associations, commented that advertised rents are often only “base” rents to which other fees and charges are later added, because many rental fees are conditional or usage-based and, therefore, are unknown upfront. They observed that the rental relationship is ongoing, and that fees are disclosed in the rental lease and throughout the lifecycle of the lease term as new circumstances arise. They also argued that regulation at the Federal level is unnecessary given existing State and local laws.”
NAA and its members remain committed to rental cost transparency, as it is fundamental to every aspect of a housing provider’s business model. Providers communicate expected rent, fees and other charges to applicants and residents throughout the leasing process and detail these costs in lease documents for renters to reference at any time. Flexibility is required for housing providers to develop their own policies and practices that best suit their own business structure and the unique needs of the residents they serve.
What’s Next
Members can count on NAA to continue to elevate the rental housing industry’s perspective on price transparency throughout the federal rulemaking process. NAA will be submitting a response by the public comment period deadline and will continue to keep members and affiliate partners up-to-date as we learn more. NAA affiliate partners should also be on the lookout for opportunities to amplify the industry’s message.
For more timely updates on the industry’s advocacy and NAA’s analysis of state and local trends, register for our monthly Advocacy and Legal Webinar (ALW) series and tune in every third Wednesday of the month at 2 pm ET. This webinar is exclusively for NAA members and affiliate partners.
For members attending Advocate, NAA’s annual advocacy conference and Lobby Day, the Friday Town Hall will also feature a timely roundtable discussion on rental housing price transparency. Learn more.