HUD Publishes Federal Register Notice Announcing Withdrawal of Additional Agency Guidance Documents

Jul 20, 2026

By Renee Williams, NLIHC Senior Advisor for Public Policy 

On July 17, HUD’s Office of General Counsel (OGC) published a Federal Register notice (Notice) announcing the withdrawal of 13 documents, primarily HUD guidance documents focused on “Fair Housing Act” (FHA) interpretation and enforcement. This is the second time in recent history that HUD has announced a withdrawal of multiple fair housing guidance documents. The agency, which is currently undertaking a “comprehensive review of its sub-regulatory guidance,” previously published a Federal Register notice announcing the withdrawal of eight Office of Fair Housing and Equal Opportunity (FHEO) guidance documents (see Memo, 4/13). 

The withdrawn documents listed in the July Notice discuss a range of important issues and have often provided helpful insights for practitioners. The topics of these documents include limited English proficiency, land use practices, LGBTQ+ protections, the “Violence Against Women Act,” use of criminal records in housing decisions, special purpose credit programs, and source of income discrimination, among others. According to the Notice, the withdrawals were effective September 25, 2025.  

The oldest withdrawn document referenced in the Notice is a 1990 Memorandum of Understanding between HUD and DOJ.   

Listed below are the 13 withdrawn documents from the July Notice, with their issuance dates: 

  • Memorandum of Understanding Between DOJ and HUD Concerning Enforcement of the Fair Housing Act (December 7, 1990) 
  • Referrals of Pattern or Practice Fair Housing Cases to the DOJ (December 12, 2011) 
  • OGC Guidance Application of Fair Housing Act Standards to Use of Criminal Records (April 4, 2016)  
  • OGC Guidance FH Act Protections for LEP Persons (September 15, 2016) 
  • Joint Statement, HUD DOJ, State, and Local Land Use Law and Practices and the FH Act (November 10, 2016)  
  • Elements of Proof (August 11, 2014)  
  • Application to the Fair Housing Act of the Supreme Court’s Decision in Bostock v. Clayton County (February 9, 2021)  
  • Office of General Counsel Guidance on the Fair Housing Act’s Treatment of Certain Special Purpose Credit Programs That are Designed to be Implemented in Compliance with the Equal Credit Opportunity Act and Regulation B (December 6, 2021)  
  • Appraisal Elements of Proof (May 6, 2022) 
  • Limiting PHA and Owner Discretion in Admitting and Evicting Tenants in Federally Assisted Housing (March 27, 2023)  
  • Final Legal Determination for Implementation of the Violence Against Women Act (Asked and Answered) (October 11, 2023) 
  • Whether the Mrs. Murphy Exemption applies to dwellings solely owned by LLCs or other business entities (July 10, 2024) 
  • Application of Fair Housing and Civil Rights Laws to Source of Income Restrictions (November 4, 2024)