NAA Leads Industry’ s FTC Rent & Fee Transparency Rulemaking Advocacy
NAA, its national coalition and 25 state and local partners commented.
BY EMILY HOWARD
APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION
On April 13, 2026, the Federal Trade Commission( FTC) closed its Advance Notice of Proposed Rulemaking( ANPRM) on“ Unfair or Deceptive Rental Housing Fee Practices.” This is the first of many opportunities for the public to weigh in and inform the Commission’ s thinking on whether a federal rule is needed“ to prevent persons, entities, and organizations from engaging in unfair or deceptive practices in connection with rental housing fees and charges.” The ANPRM is the information gathering stage of the federal rulemaking process in which the Commission provided nearly 75 questions for the public to answer regarding the necessity, coverage and scope of future federal regulation.
NAA’ S ADVOCACY
Alongside its national coalition partners, the National Apartment Association( NAA) argued in its comments that any future actions by FTC to regulate pricing in rental housing should consider the unique foundation of leases in rental housing transactions, recognize the broad purposes of fees, deposits and utility billing in pricing structures and address the diversity of rental housing providers to avoid unintended costs and disruptions to consumers. Moreover, we shared:
“ Done right, new policy efforts can complement and support the ongoing work of rental housing providers in enabling greater price transparency for renters. However, regulatory requirements that do not account for the realities of rental housing operations could introduce unintended complexity, potentially increasing costs that may ultimately be borne by renters and diverting attention from property improvements and resident-facing services.”
As part of its advocacy strategy, NAA encouraged its affiliate network to amplify our message to the FTC and offer their own unique state and local insights. 25 NAA affiliated-apartment associations submitted comments, ensuring a broad range of industry perspectives were represented in the public record.
DEEPER DIVE
In its comments, the Virginia Apartment Management Association( VAMA) highlighted the unique and multifaceted nature of rental housing transactions as compared to the singlepoint transactions historically regulated by the FTC.“ Rental housing … is not a purchase that originates and ends online with no input or review from the housing provider.” VAMA concluded by urging the Commission to consider lessons learned from the state legislative process:
“ Entering into a rental housing agreement consists of several steps, with each step carrying the potential for pricing adjustment based on a landlord’ s risk assessment of a rental prospect, the prospects selected add-ons, along with post move in charges that vary based on a resident’ s usage( i. e., utilities). Any rule making must carefully consider the intricacies involved in rental housing transactions and not duplicate the same mistakes Virginia made in crafting [ its laws ].”
In its submission, the Bay Area Apartment Association( BAAA) recognized the industry’ s views on transparency transcend location, emphasizing that,“ a hallmark of the rental housing industry is strong customer service, which includes regular and transparent communication with our residents and prospective residents on rents, fees, and other requirements to lease that may have a cost.” BAAA also offered unique insights about how housing providers in the Tampa Bay area operationalize transparency at their communities.
The New Jersey Apartment Association( NJAA) eloquently contextualized future federal www. aamdhq. org TRENDS MAY 2026 | 45