Coinciding with America’s 250th Independence Day Celebration, the Trump Administration revealed its 2026 Regulatory Plan and Unified Agenda in July, providing a roadmap of forthcoming federal rulemaking activities.
As the Administration makes progress on its regulatory agenda, the National Apartment Association (NAA) continues its advocacy to ensure that White House officials and regulators keep the industry’s perspective top of mind in rental policy discussions. Among the nearly 4,000 regulatory actions included in this Unified Agenda, NAA members should prioritize the following regulatory actions as they evaluate federal policy risks and prepare to operationalize changes in the next 12 months.
Top 10 Regulatory Actions to Watch
- Federal Trade Commission (FTC) Advanced Notice of Proposed Rulemaking (ANPRM) regarding its Unfair or Deceptive Fees Trade Regulation Rule (Remains Pending Agency Review) – The FTC continues to evaluate whether to amend the Unfair or Deceptive Fees Trade Regulation Rule to address fees and price transparency in the rental housing context. The Commission reported to the Executive Office of the President in July that staff is still reviewing ANPRM comments from April.
- U.S. Department of Housing and Urban Development (HUD) Second Notice of Proposed Rulemaking on its Implementation of the Fair Housing Act's Disparate Impact Standard (Announced in August, Comments Due October 9) – HUD seeks public comments on a proposed rule that would amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard to better reflect the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and additional rulings since 2015.
- HUD Final Rule Establishing Flexibility For Implementation Of Work Requirements And Time Limits in HUD-Assisted Housing Programs (Expected in September) – This rule would provide Public Housing Agencies (PHAs) and Section 8 project-based rental assistance (PBRA) owners with the ability to implement work requirements and lifetime limits for work-able adults in public housing or receiving certain tenant-based or project-based rental assistance. According to the rule, PHAs and PBRA owners may consider failure to comply with work requirements as a basis for termination of assistance.
- HUD Final Rule Rescission of Affirmative Fair Housing Marketing Regulations (Expected in September) – This rule would rescind the Department’s Affirmative Fair Housing Marketing regulations, which require a participant in an FHA insurance or Multifamily Housing rental assistance program to complete and submit a form supplied by HUD that describes its affirmative fair housing marketing plan.
- HUD Final Rule Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent (Expected in October) – This rule would revoke the 2021 Interim Final Rule and 2024 Final Rule requiring 30 day notification prior to termination of lease for nonpayment of rent in public housing and properties benefitting from Project-Based Rental Assistance (PBRA), including requirements to include certain information in termination notices. The rule reverts required notice to pre-2021 requirements for HUD programs and existing state and local laws.
- HUD ANPRM Soliciting Comments on HUD's Regulations Related to Requests for Assistance Animals as a Reasonable Accommodation (Expected in October) – This ANPRM will solicit public comments to help HUD when updating the Reasonable Accommodation guidelines to clarify how to respond to requests for assistance animals (including service animals and emotional support animals).
- HUD Notice of Proposed Rulemaking on Section 8 Management Assessment Program (SEMAP) Revised Performance Indicators and Assessments (Expected in October) – HUD will seek public comments on a proposed rule that would revise HUD’s Section 8 Management Assessment Program (SEMAP) regulations governing the assessments, evaluation, and oversight of PHAs administering public housing and Section 8 voucher programs. Under the proposed rule, performance would focus on key indicators such as utilization, physical inspections and management assessments. The proposed rule will establish scoring indicators that are fair across PHAs of differing size and geographical regions and would be based on measurable program outcomes based on data that is already available to HUD.
- HUD Notice of Proposed Consolidated Regulation for the Improvement of the Section 8 Program (CRISP) (Expected in October) – HUD will seek public comments on its plans to propose a set of uniform policies to govern HUD Office of Multifamily Housing’s Section 8 Project-Based Rental Assistance various contract types that provide Housing Assistance Payments (HAP). To reduce regulatory complexities, HUD proposes a standard program regulation and a standard contract that would be used to renew HAP contracts subject to section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA).
- HUD Final Rule on Housing and Community Development Act of 1980: Verification of Eligible [Immigration] Status (Expected in November) – This rule would require the verification of U.S. citizenship or eligible immigration status of recipients of assistance under a covered program and make prorated assistance a temporary condition pending verification of eligible status. Failure to verify eligibility would be a basis for termination of assistance.
- Department of Labor Occupational Safety and Health Administration (OSHA) Final Rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (Supplemental Notice of Proposed Rulemaking Expected in December, Final Action Expected October 2027) – OSHA proposes a new national standard which would apply to virtually all employers conducting outdoor and indoor work across sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. OSHA noted that it will issue a final rule, “with a view toward avoiding excessive burdens that commenters identified” including NAA.
President Trump’s 10-1 Deregulation Initiative continues to underpin the Administration’s regulatory priorities. Whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 items to repeal. With this announcement, the Administration recommitted to deregulatory actions, celebrating $211.8 billion in cost savings for Americans in Fiscal Year 2025 and setting an ambitious $1.5 trillion cost savings goal for the next fiscal year.
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