April 23, 2025
In a major development for affordable housing providers, the U.S. Department of Housing and Urban Development (HUD) has finalized a rule mandating that landlords and public housing agencies (PHAs) must provide a minimum of 30 days’ written notice before initiating eviction proceedings for nonpayment of rent in HUD-assisted housing. The rule takes effect January 13, 2025, and will apply to public housing and project-based rental assistance (PBRA) programs, including Section 8, Section 202, and Section 811.
This uniform standard replaces a patchwork of inconsistent state laws and HUD program policies, and it reflects a shift in HUD’s approach toward preventing unnecessary evictions and reducing housing instability.
Who Is Covered by the Rule?
The 30-day notice requirement applies to the following HUD housing programs:
- Public Housing under 24 CFR Part 966
- Section 8 PBRA programs, including New Construction, Substantial Rehabilitation, and Moderate Rehabilitation
- Section 202/162 and 202 PRAC (Project Rental Assistance Contract)
- Section 811 PRAC and PRA (Project Rental Assistance)
- Senior Preservation Rental Assistance Contract (SPRAC) properties
Both PHAs and private owners of PBRA properties are required to comply, though different compliance timelines apply. For example, PBRA owners must comply within 14 months of HUD publishing updated model leases, while PHAs must comply with new lease provisions by June 15, 2026.
What Must the 30-Day Notice Include?
The rule mandates detailed content within the notice. Specifically, landlords must now provide:
- An itemized, month-by-month breakdown of the rent owed
- A separate list of permissible non-rent arrearages (such as late fees)
- A clear deadline by which the tenant must cure the rent default to avoid eviction
- Information on how to:
- Request an income recertification
- Apply for a minimum rent hardship exemption
- Enter into a repayment agreement (encouraged by HUD)
- Switch from flat rent to income-based rent (for PHAs)
Importantly, payment of the full rent owed (excluding fees) within the 30-day period is sufficient to prevent eviction under the rule—even if other charges remain unpaid.
Why HUD Implemented This Rule
HUD’s goal is to reduce preventable evictions – a major driver of housing instability, job loss, and adverse health outcomes. Research cited by HUD confirms that even the threat of eviction can have cascading impacts, particularly for vulnerable households. Many tenants in HUD-assisted housing are extremely low-income, and often a single unexpected expense or administrative delay in recertification can lead to a lease violation.
HUD found that eviction notices under the previous system varied widely depending on local law—ranging from 3 days to 30 days. This inconsistency disproportionately affected marginalized communities and undermined tenant protections across federally subsidized housing.
Landlord Considerations and Challenges
While this rule provides crucial tenant protections, it also introduces operational and financial challenges for landlords and PHAs. Smaller housing authorities expressed concern over longer arrears periods, increased write-offs, and impacts on HUD performance scores tied to rent collection.
To balance these concerns, HUD is encouraging landlords to use repayment agreements instead of seeking lump-sum payments, and to update leases using the forthcoming HUD-approved models within the implementation window. HUD emphasizes that eviction should be a last resort, and that housing providers can reduce delinquencies through better communication and proactive income recertification processes.
Conclusion
This final rule marks a significant shift in HUD housing policy, embedding stronger due process protections for low-income renters while challenging housing providers to adopt more proactive strategies for resolving arrears.
If you are a landlord, PHA administrator, or housing manager, now is the time to:
- Review and revise your lease templates
- Implement staff training on hardship exemptions and repayment agreements
- Prepare for compliance monitoring beginning in 2025
For assistance navigating these new requirements or updating your compliance policies, contact us at andrew@mokslaw.com, julie@mokslaw.com or call 816-262-2207. We’re here to ensure you stay ahead of the curve while protecting both your property interests and the rights of your residents.