HUD Withdraws Multiple Fair Lending and Fair Housing Guidance Documents

HUD issued a notice that it was withdrawing eight prior fair lending and fair housing guidance documents issued by its Office of Fair Housing and Equal Opportunity.

HUD’s notice stated that it 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.  The agency indicated that the guidance at issue may have been inconsistent with the underlying text or purpose of applicable statutes, imposed inappropriate compliance burdens, and/or should have been promulgated through notice-and-comment rulemaking.

The withdrawn guidance documents are:

• Guidance on Application of the Fair Housing Act to the Advertising of Housing, Credit, and Other Real Estate-Related Transactions through Digital Platforms (April 9, 2024)

• FHEO 2020-01: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (January 28, 2020)

• FHEO Memorandum on Source of Income Testing Activities under the Fair Housing Assistance Program (January 12, 2024)

• FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs (April 25, 2013)

• FHEO Statement on the Fair Housing Act and Special Purpose Credit Programs (December 27, 2021)

• Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (January 22, 2007)

• Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act (February 11, 2021)

• Implementation of OGC Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records (June 10, 2022)

The effective date of withdrawal of the guidance documents is retroactive to September 17, 2025.