The Department of Housing and Urban Development (HUD) is extending the date for compliance with the provisions contained in its Adoption of Energy Efficiency Standards for New Construction of HUD Financed Housing to May 28, 2026.
This extension includes all Federal Housing Administration (FHA)-insured multifamily properties. The additional delay provided by the notice in the Federal Register is designed to provide time for the agency to fully consider the public comments received in response to the July 7, 2025, Notice for Comment.
The History Behind It All
On April 26, 2024, HUD and the U.S. Department of Agriculture published the Final Determination (89 FR 33112), which adopted the 2021 edition of the International Energy Conservation Code (IECC) and the 2019 edition of ANSI/ASHRAE/IES Standard 90.1: Energy Standard for Buildings, Except Low-Rise Residential Buildings (ASHRAE 90.1) as the minimum energy standards for new construction of buildings in programs covered by section 109 of the Cranston-Gonzalez National Affordable Housing Act of 1990 (42 U.S.C. 12709), as amended by the Energy Independence and Security Act of 2007 (EISA) (Pub. L. 110-140).
n March 10, 2025, HUD published “Final Determination: Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing; Extension of HUD Compliance Dates” (90 FR 11622), which extended the compliance dates for Federal Housing Administration-Insured (FHA-Insured) Multifamily, FHA-Insured Single Family, Public Housing Capital Fund, and Competitive Grants (Choice Neighborhoods, Section 202, Section 811), and Section 8 Project Based Vouchers.
On July 7, 2025, HUD and USDA published “Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing; Notice for Comment” (90 FR 29882), in which the agencies announced that they intend to review the analysis contained in the Final Determination and requested additional public comment to inform such review. The agencies received nearly 100 public comments in response to the notice.
As with the March 10 extension, HUD is not by this notice amending the compliance date for the HOME Investment Partnerships Program (HOME) and the Housing Trust Fund (HTF) Program, which has already passed. As stated on HUD Exchange, if HOME and HTF projects receive layered funding with other HUD funds covered by this notice as listed in the table below, the later compliance date applies. HUD confirms that HOME and HTF projects with funding from a program covered by this compliance date extension do not have to comply with the Final Determination until the new extended date.
In taking the action, HUD Secretary Scott Turner cited the request from a national building industry advocacy organization for extending the compliance date.
