News | RD Institutes a 30-Day Eviction Notice Policy
May 13, 2024
On May 13, 2024, Rural Development sent a notice to stakeholders. It said:
"U.S. Department of Agriculture (USDA) Rural Development Under Secretary Dr. Basil Gooden today announced that the Department is taking further action to ensure tenants of USDA-financed rental properties benefit from fair housing practices.
As part of a final rule, the Department is requiring landlords of USDA-financed rental properties to issue a 30-day written notice to tenants if they are facing a lease termination or eviction.
The notice must include instructions on how tenants can resolve lease violations and avoid eviction. It must also include information on USDA resources that can help tenants stay in their homes."
The Federal Register Notice that the announcement refers to informs that "RHS allows 18 months after publication of this rule to expressly incorporate the 30-day notice requirement into Section 515, 514, and 516 leases through a provision or addendum. This will allow borrowers to revise all current leases as they are renewed on an annual basis. However, in the interim, borrowers and property management companies must continue to comply with the statutory requirement to provide written notice at least 30 days in advance of eviction proceedings. This required 30-day
notice provides the opportunity for eligible MFH tenants to report changes in income through income recertification. Within 30 days of this rule’s publication in the Federal Register, all 30-day notices will be required to provide tenants with the date and past due amount by which the
tenant must pay to avoid the filing of an eviction action in state court against the tenant’s household." The date of the publication in the Federal Register was April 25, 2024, so the date owners must be in compliance with the new requirement is Friday, May 24, 2024.
Read the full stakeholder announcement HERE.
Read the Federal Register Notice HERE.
Are you ready to meet the 5/31/2024 HUD HOTMA Tenant Selection Plan deadline? We can help! Click HERE or on the image below.
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