The Big Picture
On July 17, 2026, the U.S. Department of Housing and Urban Development (HUD) announced the withdrawal of multiple Office of General Counsel (OGC) guidance documents related to fair housing, civil rights and housing operations. The withdrawn materials cover a range of fair housing topics that have influenced HUD enforcement and compliance expectations over the years, including criminal background screening policies, limited English proficiency, source-of-income mandates and land use practices. HUD stated that the withdrawn documents should no longer be relied upon as authoritative and indicated that future guidance may be issued where appropriate.
Deeper Dive
This set of guidance withdrawals is a part of the Administration’s broader deregulation efforts. In particular, the agency is responding to Executive Order 14192, Unleashing Prosperity Through Deregulation, and Executive Order 14219, Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative.
Several of the withdrawn documents have been of particular interest to rental housing providers, including:
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Memorandum of Understanding Between DOJ and HUD Concerning Enforcement of the Fair Housing Act – December 7, 1990
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OGC Guidance Application of Fair Housing Act Standards to Use of Criminal Records – April 4, 2016
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OGC Guidance FH Act Protections for LEP Persons – September 15, 2016
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Joint Statement, HUD DOJ, State, and Local Land Use Law and Practices and the FH Act – November 10, 2016
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Application to the Fair Housing Act of the Supreme Court's Decision in Bostock v. Clayton County – February 9, 2021
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Office of General Counsel Guidance on the Fair Housing Act's Treatment of Certain Special Purpose Credit Programs That are Designed to be Implemented in Compliance with the Equal Credit Opportunity Act and Regulation B – December 6, 2021
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Limiting PHA and Owner Discretion in Admitting and Evicting Tenants in Federally Assisted Housing – March 27, 2023
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Final Legal Determination for Implementation of the Violence Against Women Act (Asked and Answered) – October 11, 2023
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Application of Fair Housing and Civil Rights Laws to Source of Income Restrictions – November 4, 2024
NAA’s Outlook
The withdrawal follows several other fair housing-related actions by HUD over the past year, including the rescission of guidance related to disparate impact, criminal screening and assistance animals. The National Apartment Association (NAA) has consistently advocated for streamlined fair housing compliance standards. NAA thanks HUD for reviewing and rescinding guidance documents that created uncertainty for housing providers or extended housing providers obligations beyond established statutory and regulatory requirements.
Legal Implications
Despite the withdrawal of OGC guidance documents, federal fair housing laws remain in effect. Housing providers must continue to comply with all applicable federal, state and local fair housing requirements. Although the underlying legal obligations have not changed, providers should closely monitor HUD’s ongoing efforts to reshape its fair housing framework and set future compliance expectations through additional regulatory action. To better understand how HUD’s actions impact compliance obligations with respect to fair housing, NAA encourages its members to reach out to experienced fair housing counsel.
What’s Next?
NAA will continue to promote fair housing and engage with the Trump Administration, HUD and other federal regulators to advance clear, workable policies that give housing providers greater certainty. Housing providers should consult their local fair housing counsel with any compliance questions.
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