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:
- Fees— The Federal Trade Commission’s Trade Regulation Rule on Unfair or Deceptive Fees proposes to establish new disclosure requirements for rental housing providers to inform renters of fees and other charges they should expect to pay during their tenancy. This could fundamentally change how housing providers advertise. Read more about NAA's advocacy on this issue.
- Lead— The Environmental Protection Agency’s Rule, Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels, would dramatically alter the way lead dust hazards are classified (i.e. any detectable amount of lead dust be considered a hazard) and the threshold for clearance post-abatement. Learn about NAA's advocacy on this issue to date.
- Eviction—The Department of Housing and Urban Development (HUD) 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent would require public housing agencies (PHAs) and owners of properties receiving project-based rental assistance (PBRA) to provide their residents with at least 30-days’ notice prior to filing for eviction due to nonpayment of rent. This would exacerbate backlogs in eviction courts, further delaying the process as affordable housing providers face even more lost rent. Catch up on NAA's advocacy on this issue.
- Fair Housing— Through rulemaking, HUD’s is expected to release updated accessibility standards to protect disabled renters from unlawful discrimination under Section 504 of the Rehabilitation Act of 1973. These standards have not been updated since 1988. Learn more about the NAA’s advocacy on this issue.
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:
- Landlord-Tenant/Rent Control— Policy changes resulting from the Federal Housing Finance Agency’s Request for Input Seeking Information on Tenant Protections for Multifamily Properties Backed by Fannie Mae and Freddie Mac (the Enterprises). As part of the White House Blueprint for a Renters Bill of Rights, FHFA committed to consider expanding federal landlord-tenant requirements applicable to enterprise-backed housing, including forward-facing rent control policies to limit “egregious” rent increases. Read up on NAA’s advocacy on this issue to date.
- Broadband— Notice of Proposed Rulemaking by the Federal Communications Commission intended to ban certain, broadband “bulk billing” arrangements. This effort builds upon FCC’s actions over the years that are intended to dismantle all types of partnership agreements between housing providers and broadband suppliers. Learn more about NAA's advocacy on this issue.
- (Already Released) Resident Screening—On May 2, 2024, the U.S. Department of Housing and Urban Development (HUD) released two guidance documents regarding the use of artificial intelligence in the resident screening process and its application to targeted advertisements on online platforms. Read more: HUD Issues Fair Housing Act Guidance on Resident Screening, Online Advertising | National Apartment Association (naahq.org).
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.