The U.S. Department of Housing and Urban Development (HUD) issued a final rule, published in the Federal Register (Vol. 89, No. 240), which became effective on January 13, 2025. The new rule requires certain landlords participating in HUD-assisted housing programs to provide tenants with a minimum of 30 days’ written notice before filing an eviction for nonpayment of rent. This rule amends 24 CFR 247.4(c), adds §§ 880.607(c)(7), 884.216(e), and 966.4(r), and aims to enhance tenant protections and reduce unnecessary eviction filings by granting residents sufficient time to address delinquent rent or seek assistance.
Overview of the New HUD Regulation
Under the new rule, landlords covered under the following
- Section 8 Project-Based Rental Assistance
- 24 CFR Part 880 – Section 8 Housing Assistance Payments Program for New Construction.
- 24 CFR § 880.101 – Scope and purpose of the PBRA program.
- 24 CFR § 880.601 – Responsibilities of owner and contract administrator.
- 24 CFR § 880.607 – Termination of tenancy and eviction procedures.
- Section 202/162 Project Assistance Contract (PAC)
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- 24 CFR § 891.405 – Project assistance contracts (PACs)
- 24 CFR § 891.425 – Termination of tenancy and eviction procedures.
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- Section 202 Project Rental Assistance
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- 24 CFR § 891.405 – Project rental assistance contracts (PRACs)
- 24 CFR § 891.425 – Termination of tenancy and eviction procedures
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- Contract (PRAC), Section 811 PRAC
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- 24 CFR § 891.405 – Project rental assistance contracts (PRACs)
- 24 CFR § 891.425 – Termination of tenancy and eviction procedures.
- Section 811 Project Rental Assistance
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- 24 CFR § 891.505 – Project rental assistance contracts (PRACs) for persons with disabilities
- 24 CFR § 891.615 – Termination of tenancy and eviction procedures
- Program (811 PRA)
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities
- 24 CFR § 891.505 – Project rental assistance contracts (PRACs) for persons with disabilities
- 24 CFR § 891.615 – Termination of tenancy and eviction procedures.
- Senior Preservation Rental Assistance Contract Projects (SPRAC)
- 24 CFR Part 891 – Supportive Housing for the Elderly and Persons with Disabilities.
- 24 CFR § 891.850 – SPRAC projects and assistance contracts.
- 24 CFR § 891.880 – Termination of tenancy and eviction procedures.
must adhere to the following requirements (Federal Register Vol. 89, No. 240):
- Deliver a written notice of termination for nonpayment of rent at least 30 days before filing an eviction action.
- The notice may not be delivered until the day after rent becomes due, not before.
- If the tenant cures the default by paying all outstanding rent within the 30-day period, the eviction cannot proceed.
- The termination notice must include:
- an itemized list of unpaid rent (and additional rent) by month (note: fees and charges must be itemized separately from rent),
- any additional allowable charges,
- instructions for curing the default, and
- information on hardship exemptions under 24 CFR 5.630(b).
- In the event of a Presidential declaration of a national emergency, the notice must include such information as required by the Secretary.
- The Notice must be accessible and comply with fair housing and language access requirements under Title VI and Section 504.
- Note: HUD suggests that landlords include a provision stating that the tenant has a right to request a reasonable accommodation in the notice.
Hardship Exemption and Rent Recalculation Request
This rule makes clear that if a tenant or household’s income is reduced, they can request an interim reexamination to determine whether the current amount that they pay in rent can be changed, and the PHA or owner must process this request within a reasonable time. For public housing residents, a tenant may request information of how to switch from flat rent to income-based rent.
Tenants may also request a rent hardship exemption which is an exemption from paying the minimum rent that the PHA or owner normally charges if the household experiences a qualifying financial hardship. A rent recalculation may be granted based on the household’s income reduction.
Limitations
One significant limitation of the final rule is that it does not apply to Section 8 Housing Choice Voucher (HCV) tenants or those with Project-Based Vouchers (PBVs), including residents of former public housing properties converted to PBVs under the Rental Assistance Demonstration (RAD) program.
HUD did not extend the rule to HCVs and PBVs, reasoning that such an expansion would discourage landlord participation and be challenging to enforce due to existing state laws governing private landlord-tenant leases. For PBVs within RAD projects, HUD has stated that it plans to update the RAD Notice to include the 30-day notice requirement for these properties.
Repayment Agreements
While the rule does not mandate this, it urges landlords to enter into repayment plans with tenants instead of requiring lump sum payment, to ensure that tenants do not have to pay more than 40% of their income for current rent due plus a portion of past due rent. It states,
“Even if a tenant or household does not qualify for a rent hardship exemption, repayment agreements are another option to prevent evictions at the PHA’s and owner’s discretion… HUD also reiterates in this final rule that HUD strongly recommends the best practice of entering into a rental repayment agreement as an alternative to a lump-sum payment for past due amounts.”
Landlords can expect tenant advocates to invoke this suggestion as an alternative to a lump sum payment requirement. Landlords should consult their legal counsel about preparing such an agreement to protect the landlord’s interest in the event the tenant fails to comply with such a repayment agreement.
Landlord Compliance Checklist
- Revise all lease agreements to include the 30-day eviction notice requirement (24 CFR 880.606(b), 884.215, 886.127(c), 891.425(d), 966.4(l)(3)(i)(A)).
- Use updated notice templates that include all required information (itemized arrears, cure instructions, hardship and rent recalculation rights).
- Provide tenants with a full 30-day period to cure any rent default before filing an eviction.
- Deliver notices in accessible formats and languages to comply with federal requirements.
- Train property management staff on the new rules and maintain documentation of compliance.
- Retain copies of notices and proof of delivery for at least the period specified by HUD regulations.
Sample 30-Day Notice for Nonpayment of Rent
[Date]
Tenant(s): [Tenant Name]
Premises: [Tenant Address, City, State, Zip ] in _ County
Re: 30-Day Notice to Pay
To: [Tenant Name]
As of the date of this notice delivery, your rent for occupancy of the premises is past due in the total amount of $[Total Arrearage Owed]. I am providing you with an itemized monthly breakdown of your unpaid rent either by attaching a rent payment ledger to this or by including an accounting below.
You have thirty (30) days from the date of this notice to pay the full amount of $[Total Arrearage Owed]. To avoid lease termination, you must pay said amount by [month/day], 2__[year]__.
If you fail to pay rent within this period, your lease will be terminated, and we will seek legal action against you, including but not limited to eviction and damages.
If your household income has changed or you believe you are eligible for a hardship exemption (24 CFR 5.630(b)), please contact the management office to discuss recertification options.
This notice can be provided in an accessible format or translated into your preferred language upon request. If you need to make a request reasonable accommodation, you may deliver your request to __ at [phone #] or [email address]. Please contact us immediately if you require assistance.
[Landlord/Agent Name], [Title]
[Company Name]
[Address]
[Phone #]
Certificate of Service
I, the undersigned, do hereby certify that I delivered the foregoing notice to the above-named tenant(s) on _, 2__ by the following method:
_ hand-delivered to tenant or to an adult member of the tenant’s household residing in the dwelling placing the notice under or through the door or affixing the notice to the door (when no adult responds)
prepaid first-class mail and was delivered to the Public Housing Authority project or central office by the following method: hand-delivery __ or prepaid first-class mail.
Conclusion
The new HUD 30-day notice rule represents a significant shift in how landlords of HUD-assisted properties must approach nonpayment of rent. By requiring a clear, accessible notice and providing tenants additional time to cure arrears, the rule aims to reduce avoidable evictions and encourage resolution outside of court. Landlords who proactively update their leases, notice templates, and delivery procedures will not only ensure compliance but also strengthen their position against potential legal challenges. Adopting best practices—such as offering repayment agreements and documenting all communications—can further minimize risk while promoting stable tenancies.