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HUD proposes 30-day notice rule for public housing rent nonpayment

The proposal will “provide residents of public housing or in properties receiving project-based rental assistance” more time to cure lease violations

The U.S. Department of Housing and Urban Development (HUD) on Friday published a proposal that would require public housing agencies (PHA) to provide 30 days’ notice before filing an eviction notice in court for nonpayment of rent.

PHAs with tenants in public housing and owners of properties participating in HUD multifamily project-based rental assistance programs would need to provide “written notification at least 30 days” before a court filing for an eviction due to rent nonpayment.

The proposal, published in the Federal Register, also requires that the 30-day notice “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 to avoid eviction,” HUD said in its proposal announcement.

“HUD-assisted rental housing allows millions of people to achieve stability for themselves and their families,” said Solomon Greene, HUD’s Principal Deputy Assistant Secretary (PDAS) for Policy Development and Research. “This proposed rule would give many HUD-assisted renters an opportunity to catch up if they fall behind on rent and avoid the harmful consequences of evictions, while also preventing landlords and PHAs from encountering costly unit vacancies.”

Another reason for the proposed rule is that the eviction process is both costly and time-consuming, according to Richard Monocchio, PDAS for Public and Indian Housing.

“We are very proud of this proposed rule, and we welcome feedback from all interested stakeholders to make it even more practical and effective,” Monocchio said.

HUD estimates that the proposal would affect 3.9 million people in 2.2 million households, including 1.7 million people in 840,000 households in public housing and 2.2 million people in 1.4 million households in project-based rental assistance (PBRA) programs.

Stakeholders may offer comments on the proposal until Jan. 30, 2024.

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