HUD Releases 30-Day Notification Requirement Proposed Rule for Public Housing and PBRA Properties

On November 30, HUD released a proposed rule for public inspection that would require PHAs/owners that administer public housing and or project-based rental assistance (PBRA) to provide tenants with 30-day notice prior to the commencement of a formal judicial eviction
procedure for lease termination.

According to HUD, “…the proposed rule would curtail preventable and unnecessary evictions by providing tenants with time and information to help cure nonpayment violations.” In their reasoning for proposing the rule, HUD uses the interim final rule titled “Extension of Time and
Required Disclosures for Notification of Nonpayment of Rent,” published October 2021 as part of the basis. The interim rule allowed for HUD to extend the time period before lease termination for nonpayment of rent to a minimum of 30 days.

The proposed rule provides the 30-day notice period without the contingency of a national emergency and the availability of emergency rental assistance funds as seen in the interim final rule. It also allows owners and PHAs to provide a longer notice period if they wish to.

Comments on the proposed rule are due 60 days after the notice is published. Those interested in submitting comments can do so by going to Regulations.gov.

A more detailed analysis of the proposed rule will be featured in the next edition of the NAHRO Monitor on December 15.