Section 8 Update: HUD Interim Rule on 30-Day Notice-to-Vacate

This week, you may have seen that the U.S. Department of Housing and Urban Development (HUD) published an interim rule that prohibits the eviction of tenants facing eviction for nonpayment of rent from HUD-subsidized public housing and certain properties with project-based rental assistance without providing a 30-day notice period that includes information about available federal emergency rental assistance.  In order to review HUD’s announcement, go to the following link: https://www.federalregister.gov/documents/2021/10/07/2021-21960/extension-of-time-and-required-disclosures-for-notification-of-nonpayment-of-rent.

This news is consistent with HUD’s interpretation of the CARES Act notice to vacate requirement and their public statements which signaled their intention to make this a permanent requirement in federally assisted housing under their purview.  The National Apartment Association, which has been monitoring this issue, has not put out anything to the members yet because there’s still a question mark as to whether the new rule will apply to Section 8 Housing Choice Voucher participants based on the code citations and ambiguous language in the rule itself.

Here’s what we do know from information relayed to us by the National Apartment Association:

• The rule will go into effect on November 8, 2021.
• In cases of nonpayment of rent, the rule gives the HUD secretary the discretion to require participating housing providers in HUD programs to provide adequate notice to secure Federal funding that is available due to a Presidential declaration of a national emergency. That notice must be at least 30 days.
• The authority extends to future national emergencies and is not limited to the COVID-19 pandemic.

We will continue to monitor this matter and update our members as we receive new information.