HUD Announces Proposed “30-Day Notice” Rule for Nonpayment of Rent

Proposed rule would provide residents of public housing or in properties receiving project-based rental assistance 30 days notice to cure lease violations for nonpayment of rent

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) will publish a Notice of Proposed Rulemaking in the Federal Register on Friday, December 1. If finalized, the rule would require public housing agencies (PHA) with tenants in public housing and owners of properties participating in HUD Multifamily project-based rental assistance programs to provide their tenants with written notification at least 30 days prior to filing for an eviction due to nonpayment of rent in court. The proposed rule would also require that the 30-day notice include instructions on how tenants can cure lease violations for nonpayment of rent and information on how to recertify their income and request a minimum rent hardship exemption if applicable to avoid eviction.

“HUD-assisted rental housing allows millions of people to achieve stability for themselves and their families,” said Solomon Greene, Principal Deputy Assistant Secretary for Policy Development and Research. “This proposed rule would give many HUD-assisted renters an opportunity to catch up if they fall behind on rent and avoid the harmful consequences of evictions, while also preventing landlords and PHAs from encountering costly unit vacancies.”

“Preventing unnecessary evictions benefits properties and residents alike, in part because the eviction process itself can be costly and time-consuming for all concerned,” said Richard J. Monocchio, Principal Deputy Assistant Secretary for Public and Indian Housing. “We are very proud of this proposed rule, and we welcome feedback from all interested stakeholders to make it even more practical and effective.”

This proposed rule would affect an estimated 3.9 million people in 2.2 million households – 1.7 million people in 840,000 households in public housing and 2.2 million people in 1.4 million households in PBRA programs.

Stakeholders can access the proposed rule here and have 60 days following publication in the Federal Register on December 1 to provide comment on the proposed rule.

This action also fulfills a commitment HUD made in the Biden-Harris Administration’s Blueprint for a Renters Bill of Rights. In July 2023, HUD also joined the White House to announce three new actions to increase fairness in the rental market and further renter protections in housing: a preview of this notice of proposed rulemaking, an effort to remind public housing agencies and property owners of their obligations and to share best practices for informing rejected applicants about why they were turned down for housing, and $10 million made available for tenant education and outreach in properties supported by the Section 8 Project-Based Rental Assistance program.

See here for more information about how to comment on this rule.