By: Eric Oberdorfer, Director of Policy & Legislative Affairs

July 22 — On Friday, July 17, HUD released a Notice of Withdrawal of OGC Guidance Documents in the Federal Register that withdraws 14 Office of General Counsel (OGC) guidance documents addressing a range of fair housing, civil rights, and federally assisted housing issues. Although the notice was published on July 17, 2026, HUD states that the withdrawals were effective September 25, 2025.

According to the Department, this is part of HUD’s broader regulatory reform efforts and review of sub-regulatory guidance. The notice states that the withdrawn documents were identified as guidance that was not statutorily required, was inconsistent with relevant statutes or regulations, or imposed additional compliance burdens. HUD emphasized that the documents were non-binding guidance and did not carry the force and effect of law.

The withdrawn guidance includes documents addressing enforcement of the Fair Housing Act, criminal records, limited English proficiency, land-use practices, the application of Bostock v. Clayton County, special purpose credit programs, PHA and owner discretion in admissions and evictions, Violence Against Women Act implementation, the “Mrs. Murphy” exemption, and source-of-income restrictions. Notably, HUD also withdrew the 2023 OGC guidance titled “Limiting PHA and Owner Discretion in Admitting and Evicting Tenants in Federally Assisted Housing.” HUD states that the withdrawn materials should no longer be relied upon as authoritative, and the Department has directed that handbooks and internal training materials referencing the guidance be revised.

Importantly, the withdrawal of these guidance documents does not change the Fair Housing Act or eliminate PHAs’ obligation to comply with the Act and other applicable federal fair housing and civil rights requirements. The underlying statutory and regulatory requirements remain in effect.

However, the withdrawal of the guidance may create additional uncertainty for PHAs and other housing providers. While the guidance documents did not have the force and effect of law, they provided important guardrails and practical direction for agencies seeking to understand and comply with often broad or ambiguous statutory requirements. The Fair Housing Act establishes important protections, but HUD guidance provided a framework for navigating the law and identifying practices that could raise fair housing concerns.

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