OIRA Concludes Review of HUD Regulatory Changes Regarding 30-Day Notices, Time Limits, and Work Requirements; New Joint Resource on Work Requirements and Time Limits Issued
Feb 02, 2026
By Renee Williams, NLIHC Senior Advisor for Public Policy
On January 23, the Office of Information and Regulatory Affairs (OIRA) concluded its review of two anticipated HUD rulemakings that would directly impact HUD tenants if implemented. The first rulemaking is expected to rescind the 2024 HUD rule imposing a 30-day notice requirement for tenants who are being terminated for nonpayment of rent in public housing and project-based rental assistance (PBRA) programs.
Generally, OIRA concluding its review of a regulatory change means that the change has gotten closer to being published in the Federal Register. NLIHC will provide summaries in Memo to Members and identify opportunities for public comment once the rules are published. Because the final versions of rulemakings are not yet available, this article summarizes the descriptions OIRA has previously provided.
The first rulemaking, listed by OIRA as “Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent,” is designated as an interim final rule. Publication as an interim final rule generally means that a regulatory change is expected to go into effect immediately, accompanied by an opportunity to comment. OIRA describes this expected interim final rule as rescinding the 2024 rule requiring public housing agencies (PHAs) and PBRA owners to provide 30 days’ notice prior to lease termination for nonpayment of rent. Additionally, the rule is anticipated to remove requirements “to include certain information in termination notices.” While not described by OIRA, under current regulations such information includes, for example, instructions in the notice on how tenants can “cure” their nonpayment. The OIRA description says that termination notices would revert to pre-2021 requirements.
The second rulemaking, listed by OIRA as “Establishing Flexibility For Implementation Of Work Requirements And Term Limits in HUD-Assisted Housing Programs,” is slated to be published as a Notice of Proposed Rulemaking (NPRM). This means that the regulatory change would be made available for public comment, and that change would go into effect after an agency considers public input. OIRA describes the anticipated NPRM as providing PHAs and PBRA owners “with the ability to implement work requirements and lifetime benefits for work-able adults” after “completing certain implementation procedures and subject to existing statutory limitations.” According to the OIRA summary, the NPRM provides that failure to meet work requirements or exceeding a lifetime benefit limit can be the basis for terminating assistance. News reporting by ProPublica from September 2025 provides additional context regarding this rulemaking.
According to a July 2025 Center on Budget and Policy Priorities analysis, a two-year time limit in HUD programs (specifically, public housing, Housing Choice Vouchers, and PBRA) would result in an estimated 3.3 million people losing their rental assistance.
New Resource
The National Housing Law Project—jointly with NLIHC, the Center for Law and Social Policy, Justice in Aging, and Southern Poverty Law Center—published a resource entitled, “Work Requirements and Time Limits in Rental Assistance Programs Will Worsen Housing Instability.” This document outlines the ways in which imposing work requirements and time limits in HUD programs is counterproductive.
The new resource about work requirements and time limits can be found here.