NLIHC Prepares Sample Comment Letter for Responding to HUD’s Proposed 30-Day Notice Rule

NLIHC has prepared a sample comment letter for use by tenant leaders and other advocates to reply to HUD’s 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 nonpayment of rent (see Memo, 12/11/23). The sample comment letter supports the proposed rule while also criticizing it for failing to include the Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) programs. The sample letter also urges HUD to adopt six additional provisions that would greatly strengthen implementation of a final rule. NLIHC has also released instructions for submitting comments. Comments are due by January 30.

For the purpose of the proposed rule, “PBRA” includes the following: 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 preamble to the proposed rule states that it would require the 30-day notice to include instructions that enable a tenant to clearly understand how to avoid commencement of a formal judicial eviction proceeding for nonpayment of rent. However, the proposed text for the public housing and PBRA programs do not provide sufficiently detailed instructions. According to the preamble, the instructions would also 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. However, the proposed public housing regulations do not include such language.

The preamble states that the notice would also include information on how a tenant can recertify their income or request a minimum rent hardship exemption; and for public housing residents, the notice would include information on how they can request a change from flat rent to an income-based rent. However, the actual proposed texts for both programs merely provide regulatory citations instead of detailed, tenant-friendly information regarding recertifications, minimum rent hardship exemptions, or the process for requesting income-based rents.

The preamble merely “recommends” instead of “requiring” that PHAs and PBRA owners enter into a rental repayment agreement instead of obligating a tenant to provide a lump-sum payment for the total past due amount. The preamble, but not the text, 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, but not the text of the proposed rule, also 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 (HOME), Housing Opportunities for Persons with AIDS (HOPWA), the national Housing Trust Fund (HTF), McKinney-Vento homelessness programs, VASH vouchers, Section 236 Multifamily, various Rural Development programs, and other programs. See the National Housing Law Project’s “Enforcing the CARES Act 30-Day Eviction Notice Requirement” for more details.

Read NLIHC’s sample comment letter at:

Find NLIHC’s instructions for submitting comments at:

Read the proposed rule at:

Find an easier-to-read version of the proposed rule at: