Top 10 Regulatory Actions to Monitor Over the Coming Months

As the Trump Administration makes progress on its 2026 Regulatory Plan and Unified Agenda, the National Apartment Association (NAA) continues its advocacy to ensure that White House officials and regulators keep the industry’s perspective top of mind in rental policy discussions. Among the nearly 4,000 regulatory actions included in this Unified Agenda, NAA members should prioritize the following regulatory actions as they evaluate federal policy risks and prepare to operationalize changes in the next 12 months. 

1. Federal Trade Commission (FTC) Advanced Notice of Proposed Rulemaking (ANPRM) regarding its Unfair or Deceptive Fees Trade Regulation Rule (Remains Pending Agency Review) – The Commission reported to the Executive Office of the President in July that staff is still reviewing ANPRM comments from April regarding the Unfair or Deceptive Fees Trade Regulation Rule.   
2. U.S. Department of Housing and Urban Development (HUD) Second Notice of Proposed Rulemakingon its Implementation of the Fair Housing Act’s Disparate Impact Standard (Announced in August, Comments Due Oct. 9)  – HUD seeks public comments on a proposed rule that would amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard to better reflect the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and additional rulings since 2015. 
3. HUD Final Rule Establishing Flexibility For Implementation Of Work Requirements And Time Limits in HUD-Assisted Housing Programs (Expected in September) – This rule would provide Public Housing Agencies (PHAs) and Section 8 project-based rental assistance (PBRA) owners with the ability to implement work requirements and lifetime limits for work-able adults in public housing or receiving certain tenant-based or project-based rental assistance. According to the rule, PHAs and PBRA owners may consider failure to comply with work requirements as a basis for termination of assistance.   
4. HUD Final Rule Rescission of Affirmative Fair Housing Marketing Regulations (Expected in September) – This rule would rescind the Department’s Affirmative Fair Housing Marketing regulations, which require a participant in an FHA insurance or Multifamily Housing rental assistance program to complete and submit a form supplied by HUD that describes its affirmative fair housing marketing plan.   
5. HUD Final Rule Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent (Oct. 2026) – This rule would revoke the 2021 Interim Final Rule and 2024 Final Rule requiring a 30-day notification prior to termination of lease for nonpayment of rent in public housing and properties benefitting from Project-Based Rental Assistance (PBRA). The rule reverts required notice to pre-2021 requirements for HUD programs and existing state and local laws.   
6. HUD ANPRM Soliciting Comments on HUD’s Regulations Related to Requests for Assistance Animals as a Reasonable Accommodation (Oct. 2026) – This ANPRM will solicit public comments to help HUD when updating the Reasonable Accommodation guidelines to clarify how to respond to requests for assistance animals (including service animals and emotional support animals). 
7. HUD Notice of Proposed Rulemaking on Section 8 Management Assessment Program (SEMAP) Revised Performance Indicators and Assessments (Oct. 2026) – HUD will seek public comments on a proposed rule that would revise HUD’s Section 8 Management Assessment Program (SEMAP) regulations governing the assessments, evaluation and oversight of PHAs administering public housing and Section 8 voucher programs. Under the proposed rule, performance would focus on key indicators such as utilization, physical inspections and management assessments. 
8. HUD Notice of Proposed Consolidated Regulation for the Improvement of the Section 8 Program (CRISP) (Oct. 2026) – HUD will seek public comments on its plans to propose a set of uniform policies to govern HUD Office of Multifamily Housing’s Section 8 Project-Based Rental Assistance various contract types that provide Housing Assistance Payments (HAP). To reduce regulatory complexities, HUD proposes a standard program regulation and a standard contract that would be used to renew HAP contracts subject to section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA).     
9. HUD Final Rule on Housing and Community Development Act of 1980: Verification of Eligible [Immigration] Status (Nov. 2026)  – This rule would require the verification of U.S. citizenship or eligible immigration status of recipients of assistance under a covered program and make prorated assistance a temporary condition pending verification of eligible status. Failure to verify eligibility would be a basis for termination of assistance. 
10. Department of Labor Occupational Safety and Health Administration (OSHA) Final Rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (Supplemental Notice of Proposed Rulemaking Expected in December, Final Action Expected Oct. 2027) –  OSHA proposes a new national standard which would apply to virtually all employers conducting outdoor and indoor work across sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat.

Nicole Upano is NAA’s AVP of Housing Policy & Regulatory Affairs.