On Friday, December 1, 2023, the Department of Housing and Urban Development (HUD) published a proposed rule that would extend the notice period for an eviction based on non-payment of rent to thirty (30) days and require language be added to written notices instructing tenants on how to cure lease violations for nonpayment of rent.
In support of the proposed rule, HUD cites the harm evictions cause and the inequal distribution of such harm on people of color, women, and families with children.
It goes on to explain that the purpose of this proposed rule is to allow more time for PHAs and owners to work with tenants to resolve payment issues and avoid a formal judicial eviction filings. HUD advises this be done through minimum hardship exemptions, rent recalculation, and/or payment plans.
In order to evict a tenant for a lease violation involving the non-payment of rent, the current federal regulations provide that public housing tenants are entitled to fourteen (14) days’ prior notice written notice. As it relates to Section 8 participants, notice must be provided in accordance with state law, which in Pennsylvania, is ten (10) days. The only exception to these time periods is in the event of a presidentially declared national emergency, such as was seen with the COVID-19 pandemic when the notice period was extended to thirty (30) days.
If implemented, along with providing additional time, this proposed rule would also change the required content of the written notice. For example, notices must include instructions on how tenants can cure lease violations for nonpayment of rent and how to request recertification of income and/or a minimum rent hardship exemption. They must also be provided in “an accessible format to ensure effective communication for individuals with disabilities, and in a form to allow meaningful access for persons who are limited English proficient.”
HUD proposes to provide 18 months after the effective date of the rule for PHAs and owners to adopt the new requirements into their leases and notify tenants of the changes. Public comments on the proposed rule are accepted until January 30, 2024.
While this proposed rule serves to extend an already lengthy eviction process, it aims to provide a more compassionate and equitable approach to the eviction process. In anticipation of the adoption of this proposed rule, PHAs and owners are urged to proactively address lease violations related to non-payment of rent, to prevent tenants from accumulating substantial balances, which are more challenging to address.
