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Interim Rule Protects Tenants Facing Evictions for Non-Payment of Rent in HUD-Assisted Properties

HUD announced an Interim Rule that prohibits the eviction of tenants for nonpayment of rent from properties participating in HUD's Multifamily Section 8 project-based rental assistance, Section 202, and Section 811 assisted housing programs and HUD-subsidized public housing without providing a 30-day notice period that includes information about available federal emergency rental assistance.

Interim Rule Protects Tenants Facing Evictions for Non-Payment of Rent
in HUD-Assisted Properties

HUD announced an Interim Rule that prohibits the eviction of tenants for nonpayment of rent from properties participating in HUD's Multifamily Section 8 project-based rental assistance, Section 202, and Section 811 assisted housing programs and HUD-subsidized public housing without providing a 30-day notice period that includes information about available federal emergency rental assistance. While this Interim Final Rule is effective November 8, 2021, HUD encourages stakeholders to provide comments using the instructions for submitting public comments contained in the Interim Rule that was published in the Federal Register on October 7.

This Interim Final Rule will ensure that HUD-assisted tenants who are facing eviction for nonpayment of rent have notice of available emergency funds and are given more time to access that assistance. During the lease term, owners of Multifamily assisted properties, must not “terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause.”

To implement the provisions of the Interim Rule, the Offices of Housing and Public and Indian Housing published a Housing Notice containing additional information for owners and management agents. This Housing Notice includes information about how owners and managers of Multifamily properties should reference Emergency Rental Assistance funds and an example addendum that can be added to a lease termination notice.

This new rule builds on the work HUD is doing to ensure available support is reaching the families the Department serves.

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