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When HUD first withdrew 8 Fair Housing guidance documents by memo in Sept 2025, it promised to deprioritize enforcement against conduct that failed to follow them. In the formal Federal Register notice (91 FR 17291), HUD dropped that line and inverted the warning:

It warns that prior conduct “in conformance with the previous guidance and during the period in which that guidance was in effect” may violate the FHA. For Special Purpose Credit Programs, ECOA § 1691e(e) immunizes good-faith reliance on rescinded rules; Title VIII has no parallel safe harbor.

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