HUD Rescinds Longstanding Guidance on Voter Registration in Public Housing

On July 2, the U.S. Department of Housing and Urban Development (HUD) rescinded its 1996 voter registration guidance that directed public housing authorities (PHAs) on how to promote voter registration. The rescission takes immediate effect. With this action, HUD has withdrawn federal direction that for nearly three decades encouraged PHAs to help residents register to vote in a nonpartisan and voluntary manner.

HUD’s rescission notice offers no explanation for why the 1996 guidance was revoked. The brevity of the notice stands in contrast to the original 1996 policy, which took care to affirm the importance of civic participation in federally subsidized housing while explicitly outlining guardrails to prevent coercion or partisanship. Under the Biden administration, HUD had affirmed support for executive orders directing federal agencies to expand access to voting. That stance now appears to have been rolled back.

1996 Guidance on Voter Engagement

The original 1996 notice was issued by HUD’s Office of the Assistant Secretary for Public and Indian Housing in response to the National Voter Registration Act (NVRA) of 1993. It affirmed HUD’s position that tenants in public housing and Section 8 programs should be afforded meaningful opportunities to register to vote and that PHAs could help facilitate that process in nonpartisan ways. Among the activities HUD encouraged at the time:

• Including voter registration forms in housing applications and annual recertifications;
• Hosting voter registration drives on the premises;
• Providing completed registration forms to local election officials; and
• Using allowable federal funds to support these efforts, provided they remained neutral and voluntary.

At the same time, the guidance explicitly prohibited coercive, partisan, or benefit-tied activities, warning that any action that intimidated residents or suggested their benefits were tied to voting would violate HUD policy.

What the Rescission Means for PHAs

The July 2025 notice, formally titled “Rescission of Office of the Assistant Secretary for Public and Indian Housing; Voter Registration Notice,” withdraws the 1996 policy in full without replacing it. There is no updated framework, no FAQ, and no clarification from HUD as to how PHAs should proceed.

In the absence of federal guidance, PHAs are now left to navigate voter engagement using state and local election laws as their primary reference points. They may still engage in nonpartisan voter registration activities, but without the backing or structure previously provided by HUD’s 1996 guidance, questions may arise, particularly around the use of federal funds, staff time, and use of public facilities for civic engagement.

It’s important to note that the rescission does not prohibit voter registration outreach outright. But it leaves PHAs without the legal clarity that was relied on to avoid the risk of appearing partisan, coercive, or in violation of grant conditions. Until HUD issues new guidance, PHAs will need to proceed cautiously and remain attentive to developments on this issue. Housing administrators are advised to review their policies, consult legal counsel, and coordinate with local election officials before continuing any voter-related activities.