HUD Withdraws Key Fair Housing Guidance — What Property Managers Need to Know

HUD has finalized its withdrawal of several guidance documents related to Fair Housing and Equal Opportunity (FHEO). In a notice published in the Federal Register, HUD outlined a number of documents that have been withdrawn as of September 17, 2025.

Here’s what you need to know.

Why Did HUD Do This?

HUD is working to cut back on rules it sees as going beyond what the law actually requires. Under this effort, HUD is pulling guidance that:

• Is not required by law
• Does not line up with the actual text of federal statutes
• Creates extra compliance burdens without clear benefit

Which Documents Were Withdrawn?

These are the key documents that directly affect property managers:

• Assistance Animals (2013 & 2020): Both memos on how to handle assistance animal requests are gone.
• Criminal Records (2022): Guidance on using criminal history in housing decisions has been rescinded.
• Digital Advertising (2024): Rules on how Fair Housing applies to online ads have been pulled.
• Limited English Proficiency (2007): Protections guidance for residents with limited English is withdrawn.
• Sexual Orientation & Gender Identity (2021): The memo on Fair Housing enforcement for LGBTQ+ protections is removed.

What Does This Mean for You?

The Fair Housing Act is still the law. HUD will still enforce it. What changed is the step-by-step guidance HUD used to explain how it applied the law. That “roadmap” is now gone.

Review your policies. If your office procedures — especially around ESA requests or criminal background checks — were based on those withdrawn memos, it’s time to talk to your legal counsel.

State and local laws still apply. Many states and cities have their own fair housing protections. Those have not changed. Check what’s in your area.

HUD may issue new guidance. HUD has said it will put out new guidance where needed. NARPM will keep you updated as that happens.

Bottom Line

The detailed federal guidance property managers have relied on is gone — for now. Ground your compliance in the actual text of the Fair Housing Act and connect with your legal team to review your current policies.

NARPM’s Governmental Affairs team is monitoring this closely. Stay tuned for updates.