Q & A | National HTF and Evictions

Question from a Blog Reader

"I have a resident in a national HTF unit who has not paid rent. Are we required to give a 30-day notice of termination, as we do for the HOME program?"

Answer

Summary: No. The 30-day rule is specific to HOME and does not apply to the national HTF program. 

Important Note: this answer deals with the usual HTF rules and assumes that the temporary CDC and any local COVID-related eviction moratoria have expired. 

In many ways, national HTF units are similar to HOME, and they are administered by the same branch of HUD (HUD-CPD). As the questioner noted, HOME always requires a 30-day notice of termination of occupancy except when doing so would pose an exigent threat to the property or persons. However, this is not a provision that the national HTF shares. The national HTF regulation 24 CFR 93.303 (c) discusses termination of tenancy. It says "an owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HTF funds, except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; or for other good cause. Good cause does not include an increase in the tenant's income. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action and providing a specific period for vacating that is consistent with State or local law."

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