FTC submits draft rulemaking notice on rental housing fees for OMB review

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Andrew N. Ferguson Chairman | Federal Trade Commission

FTC submits draft rulemaking notice on rental housing fees for OMB review

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The Federal Trade Commission (FTC) has submitted an Advance Notice of Proposed Rulemaking (ANPRM) concerning fees in the rental housing market to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for review. This step is required under Executive Orders 12866 and 14215, which mandate that executive branch agencies submit significant regulatory actions for OIRA's assessment before issuance.

OIRA classified the planned ANPRM as a significant regulatory action, triggering this review process. The FTC's move signals potential new rules aimed at addressing hidden or deceptive fees charged to renters.

FTC Chairman Andrew N. Ferguson commented on the ANPRM: "For too long, Americans have been unjustly squeezed of their hard-earned pay by hidden fees and other unfair or deceptive business practices in housing rental markets. The American consumer deserves honesty and transparency in housing rental agreements. To that end, we will be soliciting public comment on the need for a new rule to prevent the imposition of deceptive or unfair fees on renters seeking long-term housing options. Congress has empowered the FTC to promulgate rules that aid in enforcing our nation’s laws against unfair or deceptive trade practices and a new rule may enhance our capacity to bring enforcement actions against violators of those laws. The President has prioritized reducing cost of living and affordability in the housing market; the Trump-Vance FTC is delivering on both."

The Commission voted unanimously, 2-0, to refer the ANPRM to OMB. Annette Soberats from the FTC’s Bureau of Consumer Protection is leading this effort.

The FTC continues its mission to promote competition while protecting and educating consumers about their rights in various markets, including rental housing.

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