HUD to add eviction protections for tenants of subsidized properties

While the Supreme Court struck down the Biden administration’s far-reaching eviction ban, government organizations are still issuing moratoria and other programs on a smaller scale. The latest version comes from the Department of Housing and Urban Development (HUD), which has announced a new rule protecting tenants from HUD-assisted properties from eviction.

More specifically, the interim rule, which will be published in the Federal Register on Oct. 7, prohibits eviction for nonpayment of rent from HUD-subsidized public housing, as well as certain properties with project-based rental assistance, without providing a 30-day notice period that includes information about federal emergency rental assistance. The rule isn’t a ban per se, but extends the notice period before an eviction, potentially giving more time for a tenant in danger of losing their home to pay their rent or find rental assistance.

Per the text of the rule, when there is a national emergency, such as the COVID-19 pandemic, and federal money is allocated to help tenants facing eviction for nonpayment of rent, the HUD Secretary can:

• expand the notice a covered landlord must give before such a tenant must vacate a unit from 14 days to 30 days;

• require landlords to provide information to the tenant regarding federal emergency rental relief along with the eviction notice;

• and require landlords to provide notice to all tenants in public housing of the availability of emergency rental assistance.

“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,” said HUD Secretary Marcia L. Fudge. “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.”


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