On Oct. 6, HUD issued rule protecting tenant for non-payment of rent.
HUD to issue rule protecting tenants facing evictions for non-payment of rent in HUD-assisted properties, subsidized public housing, without providing 30-day notice period.
The notice of interim final rule (IFR) will extend requirement to alert of impending eviction; require giving emergency relief assistance program information to tenants.
Time Extension and Required Disclosure
Rule prohibits landlords from eviction of tenants for nonpayment of rent from HUD-subsidized public housing and certain properties with project-based rental assistance.
Must provide 30-day notice period including info re available federal emergency rental assistance as opposed to prior requirement to issue a 14-day notice on evictions.
Federal program instituted as result of pandemic, with procedural difficulty to ensure funds reach local and municipality levels and are distributed to potential evictees.
Consultation
IFR re eviction time extension and notification of rental relief effective Nov. 8, 2021.
Oct. 2021 Federal Register Notice
On Oct. 7, 2021, HUD published IFR in federal register, comments by Nov. 8, 2021.
Nov. 2021 NYAG Coalition Comment Letter
On Nov. 8, 2021, NYAG led multi-State coalition of CAL AG, 17 other AGs on HUD IFR.
Sent HUD comment letter to support rules to protect vulnerable tenants from eviction.
Letter urged HUD to take further action to expand interim rule, help public housing and project-based S.8 tenants, by halting all evictions with ERAP application in progress.
Urged to require HUD-supervised landlords seek money, not possessory judgments against tenants who file ERAP or other federal emergency rent assistance applications.
Also eliminate late-payment fees during all federally-declared national emergencies.
Dec. 2024 HUD Final Rule
On Dec. 13, 2024, HUD published final rule requiring public housing agencies (PHAs), owners of properties with project-based rental assistance (PBRA) give 30-day notices.
The final rule was adopted with a few changes from consultation period, see #193091.
Changed proposal to require that PHA or owner not provide tenants with a termination notice before the day after the rent is due, and stop eviction if tenant pays owed rent.
Also revised proposal to require that 30-day notice include an itemized amount, by month, of alleged rent owed by the tenant, along with any other allowed arrearages.
The eviction notice must also include the date by which the tenant must pay amount of rent owed before a formal judicial eviction can be filed for nonpayment of rent.
Compliance with rule is required no later than Jan. 13, 2025, except public housing agencies compliance with 24 CFR 966.4(q) is required no later than Jun. 15, 2026.
