HUD to Issue Rule Protecting Tenants Facing Evictions for Non-Payment of Rent in HUD-Assisted Properties (HUD No. 21-167, 6 Oct. 2021)
WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) on Wednesday announced that it will publish a rule that prohibits the eviction of tenants facing eviction for nonpayment of rent from HUD-subsidized public housing and certain properties with project-based rental assistance without providing a 30-day notice period that includes information about available federal emergency rental assistance.
The interim rule, which will be published in the Federal Register on Thursday, October 7, provides that 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 (1) Expand the notice a covered landlord must give before such a tenant must vacate a unit from 14 days to 30 days; (2) Require landlords to provide information to the tenant regarding federal emergency rental relief along with the eviction notice; and (3) Require landlords to provide notice to all tenants in public housing of the availability of emergency rental assistance. Separately, HUD is publishing notices that invoke this new rule’s authority and require provision of information regarding the Emergency Rental Assistance Program.
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