HUD to Withdraw Five Proposed Rules

On Friday, December 22, HUD will withdraw five proposed rules in an effort to reduce regulatory and financial burdens. As HUD is only withdrawing proposed rules that have yet to go into effect, PHA operations will not be impacted. PHAs are not required to follow proposed rules. However, NAHRO had previously expressed concerns with some of these proposed rules and is glad to see that HUD will not be moving forward with flawed final rules. HUD’s action is consistent with Executive Order 13771 that requires at least two prior regulations be identified for removal for every new regulation issued and Executive Order 13777 that established a Regulatory Task Force aimed at identifying agency regulations that should be repealed, replaced, or modified.

The five proposed rules to be withdrawn include:

• Demolition or Disposition of Public Housing Projects and Conversion of Public
  Housing to Tenant-Based Assistance (79 FR 62249, October 16, 2014);
• Streamlining Requirements Applicable to Formation of Consortia of Public Housing
  Agencies (79 FR 40019, July 11, 2014);
• Public Housing: Physical Needs Assessments (76 FR 43219, July 20, 2011);
• Floodplain Management Protection of Wetlands; Minimum Property Standards for
  Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard (81 FR 74967, October 28, 2016);
• Homeless Emergency Assistance and Rapid Transition to Housing Rural Housing
  Stability Program (78 FR 18725, March 27, 2013).

NAHRO has long advocated for reduced regulatory burden from HUD, and had serious concerns with  HUD’s demolition/disposition proposed rule, streamlined consortia proposed rule, floodplain management proposed rule, and HUD’s proposed changes to Physical Needs Assessments (PNAs) that would have required MTW agency PHAs, and PHAs with 250 units or less to perform PNAs.

Again, withdrawing these proposed rules will not impact PHA operations as PHAs are not required to comply with proposed rules.

NAHRO’s comment letters on the withdrawn proposed rules can be found here (members only).

NAHRO’s comment letter on reducing regulatory burden can be found here (members only).