There is no question that policies are evolving at the US Department of Housing and Urban Development (HUD). In a new Housing Huddle, I sat down with my Nixon Peabody colleague, Joshua Gold. Josh recently joined the firm following 12 years at HUD, bringing a wealth of insight into the evolving landscape of federal housing programs. From Rental Assistance Demonstration (RAD) innovations to regulatory flexibility, Josh shares his perspective on how HUD is adapting—and what it means for the future of affordable housing:
You recently left HUD. What is it like working there right now?
There is a lot happening. Many great people are still at HUD, working hard to close deals and find creative policy solutions. Of course, with the reduction in staff, some deals are taking longer, and there are new people in new roles. Different HUD offices and programs are adapting in their own ways. Some deals are moving quickly, especially when the submissions to HUD are well vetted and clean. There is a growing openness to assessing risk—if there is no real risk, let’s move forward. There is also a strong desire to rethink what is truly necessary versus what’s been done traditionally. The goal is to honor the statutes and program purposes while moving more efficiently.
HUD’s focus seems to be shifting. What changes have you seen in policy direction?
There is a noticeable emphasis on market forces and leveraging the private sector to get deals done. We are seeing this in new notices and guidance, and even in how waiver requests are being evaluated—more holistically rather than strictly by precedent. HUD is interpreted statutes tightly but creatively. We are seeing similar flexibility across programs. That said, it is important for the private sector to understand that flexibility does not mean automatic approval. Waivers still need to follow proper protocols and be well-justified.
What should housing providers and developers be watching for in the coming months from HUD?
Regulations and requirements are being interpreted differently, which potentially opens doors to doing more than was previously possible. It is important to stay informed about these changes and have early conversations with your legal and development teams to explore new paths forward.
While some policies are evolving, others remain consistent. What does that signal about HUD’s priorities?
Many of the current political appointees have prior HUD experience, including during the first Trump administration. They understand what is possible and how to move programs forward thoughtfully and, when appropriate, incrementally. Core components like RAD are not disappearing. The focus is on refining the details and leveraging the private sector more effectively, not overhauling everything. There’s also a focus on speed: HUD is moving quicker and reducing obstacles slowing down the development of housing.
Tell us about your practice and the value you bring to our clients.
My work is very similar to what I did at HUD—helping navigate programs, requirements, and agency concerns to get deals done. It has been exciting to join Nixon Peabody, a firm that has always worked well with HUD. That was my experience on the inside, and it is true now from the outside.
On a lighter note, what housing trend or program are you personally excited to work on right now?
I have always been a RAD fan—since I was a “baby lawyer.” The program is evolving, and the Office of Recapitalization is being thoughtful about expanding opportunities to support struggling projects. The January notice, which allows for alternative cost factors in extraordinary RAD circumstances, is a great example. I am excited to work with developers and the agency to figure out eligibility and implementation. At its core, RAD is not just about developing housing—it is about sustaining it for the long haul.
Thank you so much, Josh, for joining us for this Housing Huddle. We are thrilled to have you at NP.
