HUD will hold a listening session for tenants regarding a proposed rule that would require a public housing agency (PHA) or owner of a property assisted with Project-Based Rental Assistance (PBRA) to provide a 30-day notice to a household before starting a formal judicial eviction procedure to terminate a lease for non-payment of rent. The listening session is scheduled for 12:30 pm ET on January 23. Register for the session here.
The proposed rule was published on December 1 (see Memo, 12/11/23). Comments are due by January 30. For the purpose of the proposed rule, “PBRA” includes the following programs: Section 8 Project-Based Rental Assistance, various Section 202 Supportive Housing for the Elderly programs (Section 202/162 Project Assistance Contract, Section 202 Project Rental Assistance Contract [PRAC] and Senior Preservation Rental Assistance Contract Projects [SPRAC]), and two Section 811 Supportive Housing for Persons with Disabilities programs (Section 811 PRAC and Section 811 Project Rental Assistance Program [811PRA]).
The proposed rule would also require that the 30-day notice include instructions that enable a tenant to clearly understand how to avoid commencement of a formal judicial eviction proceeding for nonpayment of rent. According to the preamble of the proposed rule, the instructions would include the amount of rent owed, any other arrearages allowed by the HUD program, and the date by which the tenant must pay the rent and arrearages to avoid an eviction filing in court. The notice would also include information on how a tenant can recertify their income or request a minimum rent hardship exemption; for public housing residents, the notice would include information on how they can request a switch from flat rent to income-based rent.
The rule would require PHAs and owners to amend all current and future leases to incorporate the 30-day notice requirement for nonpayment of rent, which would also entail PHAs and owners provide tenants with notification of changes to the lease according to the existing regulations of a HUD program.
The preamble to the proposed rule recommends that PHAs and PBRA owners enter into a rental repayment agreement instead of requiring a tenant to provide a lump-sum payment for the past due amount. The preamble also reminds PHAs and owners of their legal obligation to provide the 30-day notice in accessible formats to ensure effective communication for people with disabilities and for people with limited English proficiency (LEP).
The preamble further reminds PHAs and owners that the CARES Act 30-day notice to vacate is still in effect for CARES Act covered properties, which includes additional programs, such as the following: Housing Choice Vouchers, the Low Income Housing Tax Credit (LIHTC) program, HOME Investment Partnerships, Housing Opportunities for Persons with AIDS, the national Housing Trust Fund (HTF), McKinney-Vento homelessness programs, VASH vouchers, Section 236 Multifamily, various Rural Development programs, and other programs. See National Housing Law Project’s “Enforcing the CARES Act 30-Day Eviction Notice Requirement” for more details.
Read the proposed rule at: http://tinyurl.com/mwksdcsf
Find an easier-to read-version of the proposed rule at: http://tinyurl.com/md7m5vuw