On April 6, HUD published a notice in the Federal Register announcing that it withdrew eight guidance documents, effective September 17, 2025. HUD said the withdrawals were part of a comprehensive review of its sub-regulatory guidance undertaken pursuant to “regulatory reform efforts” advanced by Executive Order 14192 and Executive Order 14219. The department said it applied a three-part test, withdrawing guidance that failed to meet one or more of the following criteria: “(i) the guidance is statutorily prescribed; (ii) the interpretation set forth is consistent with the relevant statute or regulation; and/or (iii) the guidance decreases compliance burdens.”

The withdrawn guidance documents are:

1. Guidance on Application of the Fair Housing Act to the Advertising of Housing, Credit, and Other Real Estate-Related Transactions through Digital Platforms, issued April 29, 2024 (covered by InfoBytes here)
2. FHEO 2020-01: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (FHA), issued January 28, 2020
3. FHEO Memorandum on Source of Income Testing Activities under the Fair Housing Assistance Program, issued February 12, 2024
4. FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs, issued April 25, 2013
5. FHEO Statement on the Fair Housing Act and Special Purpose Credit Programs, issued December 7, 2021 (covered here)
6. Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, issued January 22, 2007
7. Implementation of Executive Order 13988 on the Enforcement of the FHA, issued February 11, 2021 (covered here)
8. Implementation of OGC Guidance on Application of FHA Standards to the Use of Criminal Records, issued June 10, 2022

HUD removed all the guidance documents from its website and said they should not be relied upon as authoritative. The department noted that handbooks and internal training materials referencing the withdrawn guidance are being revised, and new guidance will be issued where necessary. HUD encouraged parties whose prior conduct may have violated the FHA while conforming to the previous guidance to take immediate steps to address potential violations. HUD said it intended to favorably consider such responsible conduct, along with other relevant factors, in deciding whether and how to pursue redress.