On July 17, 2026, the HUD published a Notice in the Federal Register to withdraw several Office of General Counsel (OGC) has withdrawn the guidance documents. The withdrawal of these non-binding guidance documents is part of the Department’s broader regulatory reform and deregulatory efforts.
The HUD’s review focused on guidance that was not statutorily required, was inconsistent with applicable statutes or regulations, or imposed additional compliance burdens outside the formal rulemaking process. Effective September 25, 2025, the withdrawn documents were removed from HUD’s website and should no longer be relied upon as authoritative, and related handbooks and training materials should be updated accordingly.
The following lists the documents that were withdrawn:
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)
The Notice can be found here.