Deregulation Should Reduce Burden, Not Create More Confusion
PHADA President John T. Mahon.
Housing authorities (HAs) are no strangers to complicated rules. For decades, HAs have operated under detailed federal requirements governing eligibility, inspections, procurement and procurement records, resident protections, voucher administration, modernization funds, financial reporting, and much more. Accountability is part of the job, and PHADA members understand the responsibility that comes with administering programs that are funding through yours and my tax dollars. But there is a difference between accountability and complexity for its own sake.
Today, HAs are being asked to manage many policy changes at once. HOTMA has required agencies to revise administrative plans, retrain staff, reprogram software systems, update resident communications, and prepare for new income and asset rules. NSPIRE has changed how agencies prepare for inspections, document deficiencies, coordinate maintenance work, and manage property conditions. BABA requirements continue to create uncertainty particularly for capital projects, as agencies and industry partners try to determine what materials are covered, whether waivers apply, how to document compliance, and how to keep projects moving when costs and timelines are already difficult.
These are not conceptual policy issues. They affect whether a small agency has enough staff time to process annual recertifications. They affect whether a modernization project can stay on schedule. They affect whether a voucher family can lease up quickly in a tight rental market. They affect whether an executive director spends the day solving local housing problems or trying to interpret the latest federal notice.
That is why the Department’s stated interest in deregulation should be welcome news. HUD’s own agenda recognizes the need to reduce costs and increase HA capacity. PHADA strongly supports that goal. True deregulation should make programs easier to administer, reduce unnecessary paperwork, eliminate duplicative requirements, and give local leaders more room to respond to local conditions. Unfortunately, that is not what many HAs are experiencing.
Instead, recent “deregulatory” actions have often added uncertainty rather than clarity. Rescinding guidance related to emotional support animals, fair housing, and other core operating areas may reduce the number of documents posted on HUD’s website, but it does not eliminate an agency’s legal obligations or the need to make consistent, defensible decisions. When guidance disappears without clear replacement, agencies must spend more time consulting counsel, revising policies, retraining staff, and determining how to manage risk. If the Department’s goal is to reduce burden, PHAs need to know what standards remain in effect, what expectations have changed, and how HUD will evaluate agency decisions going forward. Otherwise, what is called deregulation can become another administrative exercise: review the notice, identify affected policies, brief staff, consult attorneys, update procedures, and explain the change to residents, landlords, boards, and partners.
PHADA’s concern is not that HUD should preserve every existing rule or guidance document. Housing authorities need relief, but relief must be clear, practical, and operationally useful. Deregulation should mean eliminating unnecessary steps, simplifying compliance, reducing reporting burdens, streamlining duplicative reviews, and expanding local flexibility—not removing guidance and leaving agencies to determine on their own what standards apply. The goal is straightforward: help housing authorities spend less time navigating regulatory uncertainty and more time housing families, preserving properties, supporting residents, and strengthening communities.
That is the kind of deregulation HAs need. Not less guidance for the sake of less guidance, but clearer, smarter, more workable policy that gives local agencies the flexibility and certainty to do their jobs well.
A Recent Example of Progress
Not every development out of Washington adds complexity. PHADA was pleased to see enactment of the Housing for the 21st Century ROAD to Housing Act, a significant bipartisan achievement that reflects years of advocacy by housing stakeholders. The legislation includes several provisions that will help preserve affordable housing, support development efforts, and provide agencies with useful new tools. One such deregulatory provision in the bill would streamline environmental reviews for HAs, making it faster and more affordable to build much-needed affordable housing.
At the same time, the Act also illustrates why our work continues. While it contains important reforms, many opportunities remain to simplify program administration and provide housing authorities with greater operational flexibility. The legislation demonstrates that meaningful reform is possible. PHADA will continue advocating for policies that reduce unnecessary burden, strengthen local decision-making, and allow agencies to focus their resources where they matter most: serving residents and preserving affordable housing.