In the midst of the COVID pandemic, on Oct. 7, 2021, HUD proposed a rule that would provide residents of public housing or those in properties receiving project-based rental assistance 30 days notice to cure lease violations for nonpayment of rent.
Today, Dec. 13, 2024, HUD made that requirement permanent, and the rule will go into effect on Jan. 13, 2025.
The rule requires 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 rule also requires 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.
This decision affects 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.
HUD’s rationale
HUD says that this rule is intended to remove the variable patchwork of notice requirements and reduce the number of preventable evictions filed against HUD-assisted tenants.
Studies have also shown that evictions are unequally distributed as people of color, women, and families with children are more likely to be evicted, HUD says, adding that evictions for HUD-assisted housing could be prevented with more time and notice.
HUD points out that there are other options available to employ before resorting to eviction. For example, when a tenant or household’s income is reduced, they can request an interim reexamination to determine whether the current amount that they pay in rent can be changed, and the PHA or owner must process this request within a reasonable time.
Tenants can also request a rent hardship exemption which is an exemption from paying the minimum rent that the PHA or owner normally charges if the household experiences a qualifying financial hardship. Even if a tenant or household does not qualify for a rent hardship exemption, repayment agreements are another option to prevent evictions at the PHA’s and owner’s discretion.
