HUD 30-Day Notice Proposal Will Not Take Effect Until After Rule is Finalized; Comments Due April 27 – Take Action

By Renee Williams, NLIHC Senior Advisor for Public Policy 

In a win for tenants struggling to pay rent and facing eviction, HUD has announced it will delay changes that would lessen the amount of pre-eviction notice and information provided to certain HUD tenants by public housing agencies (PHAs) and project-based rental assistance (PBRA) owners. 

At NLIHC’s 2026 Housing Policy Forum, attendees and NLIHC staff discussed HUD’s recent proposal to repeal regulations requiring that certain HUD-assisted tenants receive at least a 30-day termination notice prior to an eviction action for nonpayment of rent. Originally, HUD had stated that proposal would take effect during the comment period. After a legal challenge by tenants and advocates, HUD published a notice on March 13 postponing the effective date indefinitely, meaning that the proposal will not take effect until a final rule is published and effective. 

Importantly, despite this development, HUD’s underlying proposal is still moving through the rulemaking process. This means that comments from the public remain crucial. Individuals and organizations can submit comments via regulations.gov through April 27, 2026, at 11:59 pm ET.  

NLIHC encourages advocates to submit comments in opposition to this proposed rulemaking.  

Brief Background 

In December 2024, HUD published a final rule, “30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent” (2024 Final Rule). The 2024 rule requires tenants to receive a written termination notice at least 30 days before a formal judicial eviction is filed due to nonpayment of rent. 

The 2024 Final Rule applies to “public housing, Section 8 Project-Based Rental Assistance, Section 202/162 Project Assistance Contract, Section 202 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 811 Project Rental Assistance Program (811 PRA), and Senior Preservation Rental Assistance Contract Projects (SPRAC).” HUD’s 2024 rule does not apply to Housing Choice Vouchers (HCVs) or Project-Based Vouchers (PBVs). 

The 2024 Final Rule also requires that PHAs and owners provide certain information in the 30-day termination notice, such as an itemized listing of rent owed and how to recertify income. Under the 2024 rule, if a tenant pays back rent owed during the 30-day period, the housing provider cannot evict the tenant for nonpayment of rent. HUD’s 2024 Final Rule includes other protections such as requiring housing providers to wait until the day after the rent is due to serve the 30-day notice. The 2024 Final Rule also allows HUD to require additional information be provided in the notice during a presidentially declared emergency. 

HUD 2026 Proposal 

In February 2026, HUD issued “Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent.” In doing so, HUD seeks to rescind the 2024 Final Rule and an earlier 2021 rulemaking. Under the proposal, the timeline between notice and eviction for nonpayment of rent would be a matter of individual program requirements, lease provisions, and state law. HUD also seeks to rescind HUD regulations that specify information that must be included in nonpayment termination notices and other changes finalized by HUD in 2024. 

If these changes are finalized, certain tenants in HUD-assisted housing would have less time to catch up on rent to avoid eviction. HUD would also no longer require PHAs and PBRA owners to provide information such as itemized lists of rent owed. Additionally, HUD’s proposal would remove additional 2024 rule protections, such as a prohibition on evicting tenants for nonpayment if they caught up on rent during the 30-day notice period. 

HUD Postponement of Effective Date 

HUD published the February 2026 proposal as an “interim final rule” (IFR), such that the proposal would have taken effect on March 30, 2026, during the comment period. Advocates and tenants filed a lawsuit challenging the IFR.  

Citing issues raised in the lawsuit, HUD announced via Federal Register notice on March 13, 2026, that HUD’s proposal would no longer take effect March 30. Instead, the proposal will not become effective until public comments are considered, and a final rule is published and effective. HUD is now treating the IFR as a proposed rule, with the original April 27, 2026, comment deadline unchanged. 

The lawsuit was filed on behalf of Jane Addams Senior Caucus, North Carolina Tenants Union, Maryland Legal Aid, and Lisa A. Sadler, with the National Housing Law Project, Legal Aid Society of Eastern Viriginia, and Debevoise & Plimpton, LLP, representing the plaintiffs.   

Take Action  

HUD’s proposal is still going through the rulemaking process. Comments are crucial!  

Take action by submitting comments opposing HUD’s proposal via regulations.gov by April 27, 2026, at 11:59 pm ET.