News | HUD's New 30-Day Eviction Rules

HUD ISSUES RULE PROTECTING TENANTS FACING EVICTIONS FOR NON-PAYMENT OF RENT IN HUD-ASSISTED PROPERTIES

According to HUD, 1.5 million evictions occur in the U.S. on average each year. As of July 2021, when the Supreme Court vacated the national CDC eviction moratorium, the number of those at risk of eviction appeared to be 6.5 million. In an effort to ensure that unnecessary evictions do not occur for households in HUD housing who are eligible for available Emergency Rental Assistance Program monies (ERAP), but who may not be not aware of it,  on October 7, 2021, HUD published a new rule. It prohibits the eviction of tenants facing eviction for nonpayment of rent from HUD-subsidized public housing and properties with HUD project-based rental assistance without providing at least a 30-day notice period that includes information about available federal ERAP. HUD implemented this expanded notice period as an alternative to another eviction moratorium. 

 The general interim rule can be read or downloaded HERE. 

The supporting Notice invoking the rule for both HUD Multifamily and Public Housing can be downloaded HERE.

A notice for educating tenants on COVID and ERAP can be downloaded HERE.

Fast Facts

When is the effective date of the rule? November 8, 2021, although HUD intends Public Housing Authorities to apply it immediately. 

Will comments be taken? Yes.

When are comments due? November 8, 2021. 

When does the 30-day notice period begin for a household? The 30-day notice period begins when the information on ERAP is made available to the household. 

The interim rule, which was published in the Federal Register, provides that when there is a national emergency (including the COVID-19 pandemic) and federal money is allocated to help tenants facing eviction for nonpayment of rent, HUD will require:

1. Expanding the notice a landlord of a covered HUD property must give before such a tenant must vacate a unit to 30 days;
2. Landlords to provide information to the tenant regarding federal emergency rental relief along with the eviction notice; and
3. Landlords to provide notice to all tenants in public housing of the availability of emergency rental assistance.

Separately, HUD also published a notice for both HUD Multifamily and Public Housing that invokes this new rule’s authority and requires the provision of information regarding the Emergency Rental Assistance Program authorized by Congress and currently available.

In the Notice, HUD does not mandate specific language that must be used with eviction notices. However, HUD does say, in an appendix to the Notice, that the language, must contain the following information, at a minimum.

The U.S. Department of Treasury’s (“Treasury”) Emergency Rental Assistance (ERA) program makes funding available to assist households that are unable to pay rent or utilities. The funds were provided directly to states, U.S. territories, local governments, and (in the case of the first program, ERA1) to Indian tribes or Tribally Designated Housing Entities, as applicable, and the Department of Hawaiian Home Lands. Grantees use the funds to assist eligible households through existing or newly created rental assistance programs.

In guidance and FAQs, Treasury advised that participants in HUD-assisted rental programs (including the Housing Choice Voucher (HCV), Public Housing, or Project-Based Rental Assistance programs) are eligible for the ERA program and may receive assistance for the tenant-owed portion of rent or utilities that is not subsidized. In FAQs for PHAs and HCV landlords, PIH clarified that this assistance can include rent arrearages and utilities owed over the utility allowance. The FAQs include additional guidance on interim reexaminations, income calculations, and additional considerations for private landlords participating in the HCV program.

To learn more about how to apply for ERA go to [INSERT LINK and contact information for APPROPRIATE LOCAL ERA GRANTEE].

State and local ERA grantees can also be accessed from Treasury’s website using the link “Find rental assistance in your area.” Leases may not be terminated due to nonpayment of rent until at least 30 days have passed after a tenant receives this notice.

According to HUD's Secretary Marcia Fudge, “For many months, our Department has worked with landlords and owners who do business with HUD to ensure they access the Emergency Rental Assistance Program and do everything they can to keep people housed. This rule is a significant step in raising tenant awareness about the availability of funds that can assist them with past due rent and allowing them additional time to access relief that may stave off eviction entirely. HUD will continue to review additional actions to help protect individuals through the duration of the pandemic.”

This action reaffirmed HUD’s commitment to keeping people housed throughout the duration of the COVID-19 pandemic through the prevention of unnecessary evictions while the Administration attempts to take actions to accelerate the distribution of ERAP to renters and landlords.

According to HUD, the new rule builds on the work HUD is doing and attempts to ensure available support is reaching the families HUD serves. HUD has also taken the following actions to prevent evictions and inform communities of their responsibilities and rights:

• Streamlined requirements to allow HUD-assisted households to quickly recertify their income if they have experienced a drop in income, ensuring that their housing remains stable;
• Released extensive eviction prevention resources for public housing authorities, Tribes, and Tribally-Designated Housing Entities that highlight best practices to keep families housed and answer frequently asked questions;
• Issued guidance through HUD’s Office of Fair Housing and Equal Opportunity to protect against selective evictions aimed at protected classes such as race and national origin in violation of the Fair Housing Act. This guidance also explains that the Act requires housing providers to make reasonable accommodations for tenants with disabilities, including exceptions or modifications to eviction policies and procedures that may be necessary because of tenants’ disabilities. HUD allocated $19.4 million to provide support to fair housing enforcement organizations to respond to fair housing inquiries and complaints related to the pandemic;
• Released an Eviction Protection Grant Program that will fund $20 million for eviction protection and diversion services for low-income tenants at risk of or subject to eviction. More information on the Notice of Funding Opportunity can be found here;
• Supported HUD grantees and stakeholders to ensure the best use of the various relief resources, including the Emergency Rental Assistance Program, and HUD’s various Native American housing programs to prevent evictions and homelessness.

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