HUD Extends Compliance Dates for Energy Efficiency Standards in HUD- and USDA-Financed Housing

Nelson Mullins Riley & Scarborough LLP

Following the resolution of the federal funding lapse, the federal government formally reopened on November 12. While core functions have restarted, we expect HUD to continue resuming full operations over the coming days and weeks. As part of this ramp-up period, HUD is anticipated to:

  • Clear backlogs in application reviews, funding approvals, and program correspondence;
  • Resume regular issuance of notices, guidance, and NOFO-related materials;

HUD had already released several delayed notices while operating under partial restoration—including the November 7, 2025 extension of energy efficiency compliance dates summarized below. We will continue to monitor HUD’s operational ramp-up and will keep you posted on further developments.


On November 7, 2025, the U.S. Department of Housing and Urban Development (HUD) issued a notice (Docket No. FR-6271-N-06) extending compliance dates for the recently adopted energy efficiency standards applicable to new construction under HUD and U.S. Department of Agriculture (USDA) housing programs.

In April 2024, HUD and USDA jointly adopted the 2021 International Energy Conservation Code (IECC) and ASHRAE 90.1-2019 as the new minimum energy standards for covered programs. The agencies previously delayed implementation to allow time for public comment and program alignment. This latest notice provides an additional extension for several HUD programs.

  • New Compliance Date: May 28, 2026
  • Programs Covered:
    •   FHA-insured multifamily programs (pre-application to HUD)
    •   FHA-insured single family programs (building permit application)
    •   Public Housing Capital Fund (HUD approval of development proposals)
    •   Section 8 Project-Based Voucher (PBV) new construction, subject to further guidance
  • Competitive Grant Programs: For programs such as Choice Neighborhoods, Section 202, and Section 811, compliance will begin with publication of the FY 2026 Notice of Funding Opportunity (NOFO).
  • Layered Funding: For projects combining HOME or Housing Trust Fund (HTF) resources with other HUD funding, the later compliance date (May 28, 2026) will apply.
  • Unchanged Dates: Stand-alone HOME and HTF projects remain subject to the compliance dates previously established in the 2024 Final Determination.

HUD and USDA state that this additional extension allows more time to address implementation challenges raised through public comments and to issue further guidance, particularly for the PBV program. The agencies reaffirm their intent to transition all covered housing programs to the 2021 IECC and ASHRAE 90.1-2019 standards once the new dates take effect.


Source: Federal Register Notice – Docket No. FR-6271-N-06 (Nov. 7, 2025) https://public-inspection.federalregister.gov/2025-19823.pdf

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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