HUD Withdrew Its Fair Housing Guidance: What Landlords Should Know

In 2025 HUD withdrew 21 fair housing guidance documents, on assistance animals, criminal records and online ads. The Fair Housing Act itself did not change.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 4 min read

Key takeaways

• HUD’s fair housing office withdrew eight documents effective September 17, 2025, and its general counsel withdrew thirteen more effective September 25, 2025.
• Guidance explains how an agency reads a law; withdrawing it does not change the statute or the regulations.
• A renter can still sue in federal or state court within two years, whatever HUD decides to enforce.
• HUD has proposed removing its disparate-impact regulation, but it was still in the Code of Federal Regulations in October 2026.

What did HUD withdraw?

Two notices in the Federal Register list the documents. HUD’s Office of Fair Housing and Equal Opportunity withdrew eight guidance documents effective September 17, 2025 (91 FR 17291), and HUD’s Office of General Counsel withdrew thirteen effective September 25, 2025 (91 FR 44867). Both notices say the documents “should not be relied upon as authoritative.” The ones a landlord is most likely to have relied on:

Did the Fair Housing Act change?

No. The Act still prohibits discrimination in renting because of race, color, religion, sex, familial status, national origin or disability (42 U.S.C. § 3604), and HUD’s own notice says that “any actions that do not comply with the text of the Fair Housing Act continue to be subject to enforcement.” HUD’s regulations in 24 CFR Part 100, including the reasonable accommodation rule in § 100.204, are regulations adopted through notice and comment, not guidance, and they were not withdrawn.

Just as important, a renter does not need HUD. Anyone who believes they were discriminated against can file a civil action in federal or state court within two years of the act (42 U.S.C. § 3613), and both withdrawal notices say they do not affect that right. A complaint to HUD itself must be filed within one year (42 U.S.C. § 3610).

What does this mean for assistance animals?

The duty to make a reasonable accommodation in rules and policies, including a no-pets rule, comes from the statute (42 U.S.C. § 3604(f)(3)(B)) and the regulation, and both remain. What changed is HUD’s detailed playbook on documentation and fees. In a 2026 enforcement memorandum, HUD’s Assistant Secretary for Fair Housing said the agency would prioritize cases involving trained animals, review emotional support animal complaints case by case, and pursue new rulemaking (HUD memorandum). Courts, state agencies and state laws can still reach a different result, so the safe practice has not changed: answer every request individually and in writing. Our assistance animal guide covers it in detail.

What does this mean for criminal background checks?

HUD’s 2016 guidance, which warned that blanket bans on applicants with criminal records could violate the Act, is gone, and in November 2025 the HUD Secretary wrote to public housing agencies and assisted-housing owners encouraging them to use their screening authority (HUD letter). That does not loosen a single state or city fair chance law. New Jersey, New York City, Washington, D.C., Cook County, California and, from October 1, 2026, Maryland all limit when and how a landlord may use criminal history. See criminal background checks for renters.

Is disparate impact still part of the law?

The Supreme Court held in 2015 that disparate-impact claims are cognizable under the Fair Housing Act (Texas Department of Housing and Community Affairs v. Inclusive Communities Project). HUD proposed on January 14, 2026 to remove its disparate-impact regulation at 24 CFR § 100.500 (91 FR 1475), but as of October 2026 the regulation was still in the Code of Federal Regulations. Removing a regulation would change how HUD enforces the Act; it would not overrule the Supreme Court, and some states have moved the other way, for example Maryland’s 2026 law codifying discriminatory-effect liability.

What should a landlord do now?

• Keep written screening criteria and apply them the same way to every applicant.
• Treat each disability-related request as an individual decision, answer it in writing and keep the record.
• Check your state and city law before relying on anything HUD stopped saying. Many add protected classes, including source of income.
• Keep records for at least two years after a decision, the window for a private lawsuit.

Frequently asked questions

Can I now charge a pet fee for an emotional support animal?

Not safely as a rule. HUD withdrew its notice saying fees are never allowed, but the reasonable accommodation duty in the statute and regulation remains, courts decide fee questions case by case, and several states have their own rules. Get advice on your state before changing a policy.

Can I adopt a blanket ban on applicants with criminal records?

Federal guidance warning against it was withdrawn, but state and city fair chance laws in places such as New Jersey, New York City, Washington, D.C., Cook County, California and Maryland still restrict criminal history screening, and a private lawsuit is still possible.

Does withdrawn guidance mean HUD will not investigate complaints?

No. HUD says it will still enforce the text of the Act, and a renter can sue directly in court within two years regardless of what HUD does.

Sources

1. Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 FR 17291 (April 6, 2026), Federal Register
2. Notice of the Withdrawal of OGC Guidance Documents, 91 FR 44867 (July 17, 2026), U.S. Government Publishing Office
3. 42 U.S.C. § 3604, Discrimination in the sale or rental of housing, Legal Information Institute
4. 42 U.S.C. § 3610, Administrative enforcement, Legal Information Institute
5. 42 U.S.C. § 3613, Enforcement by private persons, Legal Information Institute
6. 24 CFR Part 100, Discriminatory Conduct Under the Fair Housing Act, eCFR
7. 24 CFR § 100.500, Discriminatory effect prohibited, eCFR
8. HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard (proposed rule, January 14, 2026), Federal Register
9. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, 576 U.S. 519 (2015), Legal Information Institute
10. Enforcement Guidance on Assessing Requests for the Use of an Animal as a Reasonable Accommodation, HUD
11. Secretary’s letter on criminal screening responsibilities of PHAs and owners (November 25, 2025), HUD

How Seayora helps

Fair housing tools: Written screening criteria, a fair housing check on listing copy and a record of every decision.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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