HUD Proposes 30-Day Pre-Eviction Notification Rule


If finalized, the current version of the proposed rule would require landlords in HUD programs to give nonpaying renters a 30-day notice before filing for an eviction.

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) published a Notice of Proposed Rulemaking in the Federal Register on Friday regarding tenant notifications in evictions related to nonpayment of rent.

Stakeholders can read HUD’ proposed rule in the Federal Register, and they have 60 days – until Jan. 1, 2024 – to submit comments on the proposed rule.

If finalized as proposed, 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 before filing for an eviction due to nonpayment of rent in court.

The 30-day notice also must 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.

“This proposed rule would give many HUD-assisted renters an opportunity to catch up if they fall behind on rent … while also preventing landlords and PHAs from encountering costly unit vacancies,” says Solomon Greene, HUD’s principal deputy assistant secretary for policy development and research.

HUD says the 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.

HUD also notes that the action fulfills a commitment HUD made in the Biden-Harris Administration’s Blueprint for a Renters Bill of Rights.

© 2023 Florida Realtors®

©Florida Realtors®

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