New Notice Requirements for Public Housing and HUD Multifamily Tenants effective 11/8/21Posted on: November 11, 2021
The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.
Who does the new rule apply to?
Tenants, owners, and management of the following types of housing subsidized by the U.S. Department of Housing and Urban Development (HUD) –
- Public Housing
- Section 8 Project-Based Rental Assistance, including
- New Construction
- State Housing Agency Program
- Substantial Rehabilitation
- Section 202/8
- Rural Housing Services Section 515/8
- Loan Management Set-Aside (LMSA)
- Property Disposition Set Aside (PDSA)
- Rental Assistance Demonstration (RAD)
- Section 202/162 Project Assistance Contract (PAC)
- Section 202 Project Rental Assistance Contract (PRAC)
- Section 202 Senior Preservation Rental Assistance Contract (SPRAC)
- Section 811 Project Rental Assistance Contract
This rule does NOT apply to –
- Section 8 Housing Choice Voucher Program (tenant-based vouchers)
- Section 8 Project Based Voucher Program (project-based vouchers administered by a Public Housing Authority)
What does it require?
On November 8, 2021 a set of new HUD regulations went into effect which require Landlords at the above properties must provide more notice to tenants before evicting them for nonpayment of rent during certain federally-declared disasters where HUD has published a determination to enforce the new rule:
- At least 30 days’ notice must be provided for eviction for nonpayment of rent; and
- The notice must notify tenants of available Emergency Rental Assistance, and include at least the information in the Appendix to the attached HUD Supplemental Guidance (PIH 2021-29; H 2021-06)
HUD published its determination that the conditions exist for the rule to go into effect here, so it is currently in effect. HUD’s Interim Final Rule outlining the changes can be found here.
When does it go into effect?
The new rule went into effect on November 8, 2021.
How do I know if a property is covered?
How do you know if a property has a subsidy covered by the new rule? You can check one of the following databases:
- National Housing Preservation Database: https://preservationdatabase.org/
- HUD Section 8 Project-Based Rental Assistance database: https://www.hud.gov/program_offices/housing/mfh/exp/mfhdiscl
If a tenant is paying below-market rent equal to about 1/3 of their income at a multifamily property operated by a Public Housing Authority or private owner, they may be covered by this protection.