Notice2026-06624
Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2026
Effective
September 17, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
This notice informs the public that the Office of Fair Housing and Equal Opportunity (FHEO) has withdrawn the guidance documents identified below.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Notices]
[Pages 17291-17292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06624]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6571-N-01]
Notification of Withdrawal of Fair Housing and Equal Opportunity
Guidance Documents
AGENCY: Office of Fair Housing and Equal Opportunity, U.S. Department
of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice informs the public that the Office of Fair Housing
and Equal Opportunity (FHEO) has withdrawn the guidance documents
identified below.
DATES: Effective date of withdrawal: September 17, 2025.
FOR FURTHER INFORMATION CONTACT: Trey Tagert, Senior Advisor, Office of
Fair Housing and Equal Opportunity, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 5100, Washington, DC 20410.
Telephone number (202) 402-4252 (This is not a toll-free number.) HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as from individuals with speech or
communication disabilities. To learn more about how to make an
accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with ongoing regulatory reform efforts and in accordance
with Executive Order 14192 (``Unleashing Prosperity Through
Deregulation'') \1\ and Executive Order 14219 (``Ensuring Lawful
Governance and Implementing the President's `Department of Government
Efficiency' Deregulatory Initiative''),\2\ HUD is undertaking a
comprehensive review of its sub-regulatory guidance to reduce
unnecessary compliance burdens, enhance the effectiveness of guidance
documents, and promote principles underlying the rule of law. Equal
treatment under the law is a bedrock principle of the United States
that guarantees equality of opportunity, not equality of outcome.
Historical guidance, policies, and interpretive rules of the Office of
Fair Housing and Equal Opportunity inconsistent with this principle are
subject to review, revision, and/or rescission.
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\1\ 90 FR 9065 (January 31, 2025).
\2\ 90 FR 10583 (February 19, 2025).
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Agencies often issue statements that, unlike rules promulgated
pursuant to legislation, do not carry the force and effect of law.
These statements include interpretative rules, which advise the public
of an agency's interpretation of the statutes and regulations it
administers as well as general statements of policy, which advise the
public about an agency's intended use of its discretionary authority.
These non-binding guidance documents are a common tool for agencies to
advise the public; however, they can sometimes be used by agencies to
attempt to bind the regulated public without adequate accountability.
HUD has issued non-binding policy guidance in myriad forms over its
history. In some instances, guidance promulgated by the Office of Fair
Housing and Equal Opportunity may
[[Page 17292]]
have adopted interpretations that are inconsistent with the statutory
text and purport to impose compliance burdens on regulated parties
outside of the strictures of notice-and-comment rulemaking. Even where
the guidance might advance a permissible interpretation of the relevant
statute or regulation or has afforded the public an opportunity to
weigh in, it is the Department's current policy to issue such guidance
only when necessary and only when issuance of such guidance would
reduce compliance burdens. As such, FHEO has determined to withdraw all
existing guidance documents that fail one or more of the following
three criteria: (1) the guidance is statutorily prescribed, (2) the
interpretation set forth is consistent with the relevant statute or
regulation, and/or (3) the guidance decreases compliance burdens.
Additionally, no reliance interests compel retention of the
guidance being withdrawn. As a threshold matter, parties understand
that guidance is non-binding and does not create substantive rights. To
the extent guidance materials or portions thereof go beyond the
relevant statute or regulation, they are unlawful, undermining any
purported reliance interest in retaining such guidance. Even where
guidance is not per se unlawful, this consideration is outweighed by
FHEO's policy that guidance should be withdrawn unless it is necessary
and reduces compliance burdens.
II. Guidance Withdrawn
For the reasons set forth above, FHEO is notifying the public that
it has withdrawn the guidance documents identified in the table below,
effective September 17, 2025. These documents have been removed from
active use and should not be relied upon as authoritative. Handbooks
and internal training materials referencing these guidance documents
are being revised. New internal and external guidance will be issued
where necessary and appropriate. All these guidance documents have been
removed from the <a href="http://HUD.gov">HUD.gov</a> website and should not be relied upon by
internal or external parties.
FHEO is continuing to review its need for existing guidance.
Guidance that is determined to be necessary will be reissued.
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Title Date Issued
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Guidance on Application of the Fair Housing April 29, 2024.
Act to the Advertising of Housing, Credit,
and Other Real Estate-Related Transactions
through Digital Platforms.
FHEO 2020-01: Assessing a Person's Request January 28, 2020.
to Have an Animal as a Reasonable
Accommodation Under the Fair Housing Act.
FHEO Memorandum on Source of Income Testing February 12, 2024.
Activities under the Fair Housing
Assistance Program.
FHEO Notice 2013-01: Service Animals and April 25, 2013.
Assistance Animals for People with
Disabilities in Housing and HUD-funded
Programs.
FHEO Statement on the Fair Housing Act and December 7, 2021.
Special Purpose Credit Programs.
Final Guidance to Federal Financial January 22, 2007.
Assistance Recipients Regarding Title VI
Prohibition Against National Origin
Discrimination Affecting Limited English
Proficient Persons.
Implementation of Executive Order 13988 on February 11, 2021.
the Enforcement of the Fair Housing Act.
Implementation of OGC Guidance on June 10, 2022.
Application of Fair Housing Act Standards
to the Use of Criminal Records.
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Any actions that do not comply with the text of the Fair Housing
Act continue to be subject to enforcement by the Department. HUD
encourages parties whose prior conduct may have been violative of the
Fair Housing Act, while in conformance with the previous guidance and
during the period in which that guidance was in effect, to take
immediate actions to address any such potential violation. In cases
where an entity meaningfully engages in such responsible conduct, HUD
intends to favorably consider such conduct, along with other relevant
factors, in considering whether and in what manner to pursue redress
for potential violations. HUD retains, without limitation, its
discretion and responsibility to evaluate individual cases of potential
violations, while taking into account the specific facts and
circumstances of any given case. Notwithstanding an enforcement
determination by HUD, the Fair Housing Act provides that complainants
may file a civil action in an appropriate Federal district court or
state court within two years after the occurrence or termination of the
alleged discriminatory housing practice. Nothing in this memo affects
the rights of parties to seek redress in the proper court.
Craig W. Trainor,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2026-06624 Filed 4-3-26; 8:45 am]
BILLING CODE 4210-67-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.