News You May Have Missed — February 2026

It’s been a busy month, and we know you may have missed some important news on nahro.org since the last edition of the Monitor!

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HUD Proposes to End its Implementation of the Disparate Impact Standard

Posted January 15, 2026

The proposed rule would remove the regulation that codified a disparate impact standard. Disparate impact claims under the Fair Housing Act typically arise when facially neutral policies or procedures cause discriminatory effects among protected classes even in the absence of evidence that the policies or procedures were motivated by discriminatory intent. 

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HUD Announces $10 Million in Additional Administrative Fees for HUD-VASH Vouchers

Posted January 15, 2026

The notice announces the availability of $10 million in funding for PHAs currently administering the HUD-Veterans Affairs Supportive Housing (HUD-VASH) vouchers ….[and] also provides information on how to request these funds and outlines eligible uses of the HUD-VASH administrative fees. Applications must be received by March 2, 2026.

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HUD Updates 2025 HCV Portability Administrative Fee Description File

Posted January 21, 2026

HUD sent a letter to PHA executive directors with a Housing Choice Voucher (HCV) program stating that the calendar year (CY) 2025 portability fee description file has been updated on HUD’s portability page. The update includes data on the most recently reconciled prorations and estimates.

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HUD Sends New Immigration Status Guidance to PHAs on SAVE Status Discrepancies

Posted January 26, 2026

The guidance notes that HUD has developed a new report in the Enterprise Income Verification (EIV) system to help PHAs in determining when additional verification of immigration status may be necessary. The new report, named the EIV-SAVE Tenant Matching Report, cross references Inventory Management System/PIH Information Center (IMS-PIC) data with U.S. citizenship and immigration services (USCIS) SAVE data.

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ROSS Rapid Response Emergency Funding Available

Posted January 27, 2026

The ROSS RRP program provides one-time assistance via a cost-reimbursable grant for residents of HUD-assisted housing. Funding can be used for service coordination and limited direct services to support residents affected by natural disasters, public health crises, and economic disruptions. Eligible activities include salary and fringe benefits, training related costs, and administrative and direct service costs.

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HUD Releases 2026 Operating Cost Adjustment Factors

Posted February 2, 2026

The notice established certain operating cost adjustment factors (OCAFs) for “. . . project-based assistance contracts issued under Section 8 of the United States Housing Act of 1937 and renewed under the Multifamily Assisted Housing and Reform and Affordability Act of 1997 . . . .” These OCAFs are used to adjust the Section 8 rents. In addition to publishing the OCAFs, the notice solicits comments on the methodology and data sources used in the calculation of the OCAFs.

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Energy Efficiency Compliance Dates Extended for Several HUD Programs

Posted February 5, 2026

In April 2024, HUD and the the U.S. Department of Agriculture published a notice of final determination, which adopted various energy standards for new construction of buildings for various HUD-programs. Compliance dates have been extended numerous times and will continue as HUD fully considers public comments they received on this particular issue over the summer.

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HUD Publishes Notice on Recapture and Reallocation of Service Fees and Certain Portability Changes for the Emergency Housing Voucher Program

Posted February 11, 2026

The notice discusses the procedures for the recapture of unobligated Emergency Housing Voucher (EHV) service fee funds to be used for Housing Assistance Payments (HAP) shortfalls for families served by EHVs. The notice also revises EHV portability policy to allow housing agencies that are billing ported EHVs to absorb those EHVs into their Housing Choice Voucher (HCV) program.

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NAHRO Submits Comments on HUD’s Proposed Disparate Impact Rule Changes

Posted February 17, 2026

The proposed rule would remove the regulatory codification of HUD’s disparate impact standard. Disparate impact claims under the Fair Housing Act typically arise when facially neutral policies or procedures cause discriminatory effects among protected classes even in the absence of direct evidence that the policies or procedures were motivated by discriminatory intent. While the standard would still exist, it would be adjudicated by courts through case law, not regulation.

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NAHRO, PHADA, and the MTW Collaborative Send Letter to HUD Articulating Concerns with New EIV-SAVE Report and Guidance

Posted February 17, 2026

The industry group letter notes several concerns and requests that HUD rescind the guidance letter and engage in a dialogue with industry groups on how HUD can feasibly achieve its policy goals on this issue.