HUD Guidance Withdrawals
Track HUD guidance withdrawals and learn what owners and agents should review in policies, training, and operations.
Last updated: July 21, 2026
HUD guidance withdrawals can affect policies, training materials, screening procedures, and compliance resources used by housing providers.
During 2026, HUD published two Federal Register notices covering separate groups of withdrawn fair housing guidance documents. The first notice came from HUD’s Office of Fair Housing and Equal Opportunity, known as FHEO. The second came from HUD’s Office of General Counsel, known as OGC. Together, the notices withdraw 21 guidance documents covering several important housing topics.
However, the withdrawals do not repeal the Fair Housing Act. They also do not eliminate VAWA, Section 504, or other federal protections. Instead, HUD has removed specific documents that previously explained the agency’s interpretation of those requirements.
Owners and agents should review policies that rely on the withdrawn guidance. They should also monitor HUD for replacement materials.
Navigate will update this article when HUD releases additional guidance or related compliance information.
HUD Guidance Withdrawals: What HUD Actually Did
HUD issued its first notice on April 6, 2026. FHEO withdrew eight guidance documents, effective September 17, 2025. The withdrawn materials addressed digital advertising, assistance animals, limited English proficiency, criminal records, and other fair housing issues. HUD removed those documents from active use. The agency also said internal and external parties should not treat them as authoritative.
FHEO stated that handbooks and training materials referencing the documents were being revised. HUD may issue new guidance when necessary.
HUD issued a second notice on July 17, 2026. This notice came from OGC. OGC withdrew 13 additional documents, effective September 25, 2025. Those documents addressed criminal records, limited English proficiency, VAWA, admissions, evictions, appraisals, and other legal issues. HUD again stated that parties should not rely upon the withdrawn materials as authoritative guidance. HUD also directed revisions to affected handbooks and training resources.
Both notices reflect HUD’s broader review of sub-regulatory guidance. HUD explained that agency guidance generally does not carry the force of law. Instead, guidance often explains how an agency interprets laws and regulations. HUD reviewed whether the documents were legally required, consistent with governing authority, or helpful in reducing compliance burdens.
However, the withdrawal notices do not cancel federal statutes or regulations. The Fair Housing Act remains enforceable. VAWA requirements also remain applicable to covered housing programs.
Owners and agents must continue following active statutes, regulations, HUD forms, notices, contracts, and program requirements.
HUD Guidance Withdrawals: What Owners and Agents Should Review
Owners and agents should begin with a focused review of their current materials. Search internal documents for the complete title of each withdrawn guidance document. Also search for shortened names and linked HUD files.
The review should include:
- Tenant Selection Plans
- Criminal-screening policies
- Admissions procedures
- Eviction and termination procedures
- Reasonable-accommodation policies
- Assistance-animal procedures
- VAWA plans and notices
- Limited English proficiency plans
- Fair housing training
- Staff manuals
- Vendor instructions
- Legal and compliance checklists
- Website resources
- Resident communications
Next, identify statements based only on withdrawn guidance. For example, a policy may say HUD requires a specific procedure. Yet the cited source may now be withdrawn. That statement may require revision, clarification, or a different official source.
Owners and agents should not automatically delete an operational practice because its supporting guidance was withdrawn. A practice may still reflect a statute, regulation, court decision, contract requirement, or state law. Therefore, each citation requires individual review.
Housing providers should also avoid making broad policy changes without appropriate analysis. Screening, admissions, eviction, disability, and VAWA decisions can carry significant legal and operational risks. Consider involving compliance staff or qualified counsel when a policy depends heavily on a withdrawn interpretation.
Owners and agents should also review third-party vendors. Screening companies, trainers, consultants, attorneys, and software providers may still use older HUD language. Ask vendors whether they have updated their criteria, templates, training, and automated decision tools.
Additionally, preserve documentation of the review. Record which policies were examined, what sources were removed, and which active authorities now support each procedure. That documentation can strengthen operational consistency and support future training.
Owners and agents can also review Navigate’s related resources:
- Tenant Screening and Fair Housing
- Criminal Records and Housing Discrimination
- Tenant Background Checks and Your Rights
- VAWA and Property Management
- Navigate Fair Housing Resources
Withdrawn Documents by HUD Notice
The April 2026 FHEO notice withdrew these eight documents:
- Digital-platform housing and credit advertising guidance.
- FHEO 2020-01 concerning assistance-animal requests.
- Source-of-income testing guidance.
- FHEO Notice 2013-01 concerning service and assistance animals.
- FHEO’s special-purpose credit program statement.
- Title VI guidance for people with limited English proficiency.
- Guidance implementing Executive Order 13988.
- Guidance implementing OGC’s criminal-record standards.
Review the April 2026 FHEO Federal Register notice for the complete titles and dates.
The July 2026 OGC notice withdrew these 13 documents:
- The DOJ and HUD Fair Housing Act enforcement agreement.
- Guidance for referring pattern-or-practice cases to DOJ.
- Fair Housing Act guidance concerning criminal records.
- Fair Housing Act guidance concerning limited English proficiency.
- The HUD and DOJ land-use joint statement.
- Fair housing elements-of-proof guidance.
- Guidance applying Bostock to the Fair Housing Act.
- OGC special-purpose credit program guidance.
- Appraisal elements-of-proof guidance.
- Guidance limiting discretion in admissions and evictions.
- VAWA implementation guidance titled “Asked and Answered.”
- Guidance concerning the “Mrs. Murphy” exemption and LLC ownership.
- Guidance addressing source-of-income restrictions.
Review the July 2026 OGC Federal Register notice for the complete official list.
Some topics appear in both notices. However, the notices withdrew separate documents issued by different HUD offices.
Frequently Asked Questions
No. HUD withdrew selected guidance documents. The Fair Housing Act and its regulations remain in effect.
No. The withdrawal does not authorize discrimination or inconsistent screening. Owners should review current law and active requirements.
Yes. The July notice withdrew one OGC interpretation. It did not repeal VAWA or applicable HUD regulations.
Not automatically. Review each policy’s legal and regulatory support before revising operational procedures.
HUD states that affected handbooks and training materials should be revised. Owners should also correct outdated internal references.
HUD states that new guidance may be issued when necessary and appropriate. Navigate will update this article when that occurs.
