HUD Releases 30-Day Notification Requirement Final Rule

By: Steven Molinari, Policy Analyst

On December 12, HUD released for public inspection the final rule titled “30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent.” The final rule provides that PHAs and owners of properties receiving project-based rental assistance (PBRA) must provide written notification to tenants facing eviction for nonpayment of rent 30 days prior to filing a formal judicial eviction procedure.

According to HUD, PHAs or owners must not provide tenants with a termination notice until the day after the rent is due according to the lease.

The final rule makes clear that “…a PHA or owner must not proceed with filing an eviction if the tenant pays the alleged amount of rent owed within the 30-day notification period.” This applies even if arrearages (e.g. late fees and other fees) are not paid. However, this final rule does not protect non-rent lease violations, which may result in evictions if allowed under the applicable HUD program and specified in the lease.

The final rule will go into effect 30 days after the date of publication in the Federal Register. Compliance for the final rule is the same as the effective date with certain exceptions.

PHA Compliance Exception

PHA compliance with 24 CFR 966.4(q) is required no later than 548 days after the day of publication.

PBRA Owner Exception

Owners of PBRA assisted properties must be compliant with certain requirements in new 24 CFR 880.606(b), 884.215, 886.127(c), 886.327(c), and 891.425(d), is required no later than 14 months from the date that HUD publishes final model leases that incorporates these requirements.

For more information on the final rule, please see the January edition of The NAHRO Monitor.