What does "Notice of the Withdrawal of OGC Guidance Documents" cover?

HUD's Office of General Counsel withdrew a listed set of non-binding guidance documents effective September 25, 2025, because they were not statutorily…

Which agency issued this update?

This update was issued by Housing and Urban Development Department.

When does it take effect?

It takes effect on September 25, 2025.

Document Headings

Document headings vary by document type but may contain the following:

the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions

See the Document Drafting Handbook for more details.

Department of Housing and Urban Development

[Docket No. FR-6617-N-01]

AGENCY:

Office of General Counsel, Department of Housing and Urban Development (HUD).

ACTION:

Notice.

SUMMARY:

This notice informs the public that the Office of General Counsel (OGC) has withdrawn the guidance documents identified below.

DATES:

The withdrawal of the guidance was effective September 25, 2025.

( printed page 44868)

FOR FURTHER INFORMATION CONTACT:

David Woll, General Counsel, Office of General Counsel, Department of Housing and Urban Development, 2415 Eisenhower Avenue, Alexandria, VA 22314. Telephone number (202) 708-2244 (this is not a toll-free number). Individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities, may make an accessible telephone call. Please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs for more information.

SUPPLEMENTARY INFORMATION:

I. Background

Consistent with ongoing regulatory reform efforts and in accordance with Executive Order 14192 (“ Unleashing Prosperity Through Deregulation” ) ^[1] and Executive Order 14219 (“ Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative” ),^[2] HUD 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. Past guidance, policies, and interpretive rules inconsistent with such principles are subject to review, revision, and/or rescission.

Agencies often issue statements that, unlike rules promulgated pursuant to legislation, do not carry the force and effect of law. These statements include interpretive rules, which advise the public of an agency's interpretation of the statutes and regulations it administers as well as general statements of policy, which advise the public about an agency's intended use of its discretionary authority. These non-binding guidance documents are a common tool for agencies to advise the public but can sometimes be used to attempt to bind the regulated public without adequate accountability.

It is HUD's current policy to evaluate non-binding policy guidance that may be inconsistent with the statutory text or impose compliance burdens outside of the notice-and-comment rulemaking process. Accordingly, OGC has set the following criteria as the basis for withdrawing existing guidance documents:

(1) Guidance is not statutorily prescribed;

(2) Interpretation set forth is inconsistent with relevant statutes or regulations;

(3) Guidance imposes additional compliance burdens.

II. Guidance Withdrawn

OGC is notifying the public that it has withdrawn the guidance documents identified in the table below, effective September 25, 2025, as they meet the criteria above for withdrawal. These documents have been removed from active use and should not be relied upon as authoritative. Any handbooks and internal training materials that reference these guidance documents should be revised accordingly. New internal and external guidance will be issued where necessary and appropriate. All of these guidance documents have been removed from the HUD.gov website and should not be relied upon by internal or external parties.

Title	Date issued
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.

David Woll,

General Counsel.

Footnotes

1. 90 FR 9065 (January 31, 2025).

Back to Citation

2. 90 FR 10583 (February 19, 2025).

Back to Citation

[FR Doc. 2026-14432 Filed 7-16-26; 8:45 am]

BILLING CODE 4210-67-P

Notice of the Withdrawal of OGC Guidance Documents

Summary