[Federal Register Volume 91, Number 136 (Friday, July 17, 2026)]
[Notices]
[Pages 44867-44868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14432]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6617-N-01]
Notice of the Withdrawal of OGC Guidance Documents
AGENCY: Office of General Counsel, Department of Housing and Urban
Development (HUD).
ACTION: Notice.
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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Counsel (OGC) has withdrawn the guidance documents identified below.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.
[[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.
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\1\ 90 FR 9065 (January 31, 2025).
\2\ 90 FR 10583 (February 19, 2025).
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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.
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Title Date issued
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Memorandum of Understanding Between DOJ December 7, 1990.
and HUD Concerning Enforcement of the
Fair Housing Act.
Referrals of Pattern or Practice Fair December 12, 2011.
Housing Cases to the DOJ.
OGC Guidance Application of Fair Housing April 4, 2016.
Act Standards to Use of Criminal Records.
OGC Guidance FH Act Protections for LEP September 15, 2016.
Persons.
Joint Statement, HUD DOJ, State, and Local November 10, 2016.
Land Use Law and Practices and the FH Act.
Elements of Proof......................... August 11, 2014.
Application to the Fair Housing Act of the February 9, 2021.
Supreme Court's Decision in Bostock v.
Clayton County.
Office of General Counsel Guidance on the December 6, 2021.
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.
Appraisal Elements of Proof............... May 6, 2022.
Limiting PHA and Owner Discretion in March 27, 2023.
Admitting and Evicting Tenants in
Federally Assisted Housing.
Final Legal Determination for October 11, 2023.
Implementation of the Violence Against
Women Act (Asked and Answered).
Whether the Mrs. Murphy Exemption applies July 10, 2024.
to dwellings solely owned by LLCs or
other business entities.
Application of Fair Housing and Civil November 4, 2024.
Rights Laws to Source of Income
Restrictions.
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David Woll,
General Counsel.
[FR Doc. 2026-14432 Filed 7-16-26; 8:45 am]
BILLING CODE 4210-67-P