The Department of Housing and Urban Development (HUD) issued new requirements for landlords considering eviction of tenants in HUD-subsidized public housing and certain properties with project-based rental assistance.
The interim rule, which was published in the Federal Register on October 7, extends the notice landlords must give tenants from 14 days to 30 days and requires them to include information about federal emergency rental assistance (ERA) in their eviction notices.
The new rule also requires landlords to inform all tenants in public housing about emergency rental assistance.
The American Rescue Plan and the Consolidated Appropriations Act of 2021 collectively offer more than $45 billion for emergency rental assistance, which can be used to pay rent, utilities, and other housing costs. But the large majority of ERA has yet to be distributed.
“HUD has also taken the following actions to prevent evictions and inform communities of their responsibilities and rights:
- Streamlined requirements to allow HUD-assisted households to quickly recertify their income if they have experienced a drop in income, ensuring that their housing remains stable;
- Released extensive eviction prevention resources for public housing authorities, Tribes, and Tribally-Designated Housing Entities that highlight best practices to keep families housed and answer frequently asked questions;
- Issued guidance through HUD’s Office of Fair Housing and Equal Opportunity to protect against selective evictions aimed at protected classes such as race and national origin in violation of the Fair Housing Act. This guidance also explains that the Act requires housing providers to make reasonable accommodations for tenants with disabilities, including exceptions or modifications to eviction policies and procedures that may be necessary because of tenants’ disabilities. HUD allocated $19.4 million to provide support to fair housing enforcement organizations to respond to fair housing inquiries and complaints related to the pandemic;
- Released an inaugural Eviction Protection Grant Program that will fund $20 million for eviction protection and diversion services for low-income tenants at risk of or subject to eviction. More information on the Notice of Funding Opportunity can be found here;
- Supported HUD grantees and stakeholders to ensure the best use of the various relief resources, including the Emergency Rental Assistance Program, and HUD’s various Native American housing programs to prevent evictions and homelessness.”