FTC Submits Draft Notice on Rental Housing Fees Rule to OMB

The Federal Trade Commission (FTC) has submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) addressing fees in the rental housing market to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). OIRA has classified the ANPRM as a “significant regulatory action” under Executive Orders 12866 and 14215, triggering mandatory federal review prior to publication.

According to the FTC, the effort aims to curb hidden or deceptive rental fees and expand transparency in the leasing process. Chairman Andrew N. Ferguson emphasized that renters have long been burdened by unexpected add‑on charges and noted the agency’s intent to solicit public input on whether new rules are needed to prevent unfair or deceptive fee practices in the housing market. He highlighted that a new rule could strengthen the FTC’s enforcement capabilities under existing consumer protection laws. [ftc.gov]

Public information on the substance of the upcoming proposal remains limited, though past FTC enforcement actions involving rental fee disclosures—particularly settlements in 2024 and 2025—may signal the rule’s direction. These actions suggest a focus on upfront fee disclosure, clarity around total rental costs, and limitations on surprise or “junk” fees.

Once OMB completes its review, the ANPRM will be published in the Federal Register, opening a formal public comment period. NARPM will be following this process closely to help ensure that any future rules respect both the flexibility that housing providers need within their respective business models and the transparency that consumers need to make informed choices in the marketplace.