Key Notice Requirements for Landlords in Federal Housing Programs

When tenants face eviction or housing-related disputes under major federal housing programs, it is essential to understand the legal requirements regarding notice periods, how notice must be served, and what the content of such notices must include. These requirements vary depending on the specific housing program, and ensuring compliance is crucial to safeguarding tenants’ rights and promoting fair treatment. Below is a detailed breakdown of the notice period, service of notice, and content requirements under various federal housing programs:

1. CARES Act (Applicable to All Programs)

  • Notice Period: The CARES Act mandates a 30-day notice for evictions based on nonpayment of rent, overriding any shorter time periods specified by other programs or state laws.
  • Service of Notice: The CARES Act does not specify the service method, meaning the existing program-specific service requirements continue to apply.
  • Content of Notice: There are no explicit content requirements under the CARES Act, so landlords must refer to the individual program’s content standards, in addition to state law requirements.

2. HUD 30-Day Notice

  • Notice Period: A 30-day notice is required for eviction due to nonpayment of rent. This applies to HUD public and subsidized housing programs, excluding Section 8 Housing Choice Vouchers, Project-Based Vouchers, and the LIHTC Program.
  • Service of Notice: HUD regulations do not specify a particular method for serving notice, leaving existing program rules in place. See PIH 2021-29.
  • Content of Notice: The content requirements are not detailed, so the existing state law and HUD program guidelines remain applicable.

3. Notice of VAWA (Violence Against Women Act) Rights

  • Notice Period: A VAWA Notice must accompany any termination notice provided to tenants. “Covered Housing Programs” must comply with this notice requirement. See 34 U.S.C. §12491(d)(2).
  • Service of Notice: This notice is required to be served together with the eviction notice.
  • Content of Notice: The notice must include a Notice of Occupancy Rights under VAWA (HUD Form 5380) and a Certification of Domestic Violence form (HUD Form 5382), allowing victims to document incidents of domestic violence, dating violence, sexual assault, or stalking.

4. Public Housing

  • Notice Period: Notice periods in public housing vary depending on the cause:
    • 14 days for nonpayment of rent.
    • “Reasonable time” not to exceed 30 days for criminal activity, danger to health/safety, or felony convictions.
    • 30 days for other reasons unless a shorter period is allowed under state or local law.
  • Service of Notice: The notice must be served personally on the tenant or an adult household member or mailed to the tenant’s address. If the tenant is visually impaired, the notice must be in an accessible format.
  • Content of Notice: The notice must include the reason for termination, the tenant’s right to respond, examine relevant documents, and request a grievance hearing, unless an exception applies (e.g. criminal activity that threatens lives and safety – see 24 C.F.R. §966.4(l)(3)(ii). Notice per state law can be served concurrently with this notice. Note: while there are statutory exceptions to the grievance hearing requirement, keep in mind that if the lease agreement or rules (incorporated into the lease agreement) do not provide for the exclusion of the grievance hearing in permitted occurrences, the owner must provide the tenant with the right to request a grievance hearing.

5. Multifamily Housing Subsidized with Project-Based Section 8 or Similar Programs

  • Notice Period: For material noncompliance with the lease, violations for criminal activity or alcohol abuse, and noncompliance with obligations under state law, the notice period is dictated by state law and the lease agreement (note: the lease agreement may lengthen the notice period but not shorten it). The 202/811 model lease requires 30-days notice for material noncompliance. For “other good cause”, at least 30 days’ notice is required. See 24 C.F.R. §247.2(c).
  • Service of Notice: A copy of the notice must be served to an adult at the unit or if no adult response, post on the door (or if possible, under the door) and mailed by first-class mail. The notice becomes effective on the letter of the date of mailing or when it is properly served.
  • Content of Notice: The notice must provide specific termination grounds, the date of termination (to enable the tenant to prepare a defense), the tenant’s right to present a defense in the eviction action, and a notice of disability accommodation rights. The landlord must also notify the tenant that he has 10 days to discuss the termination matter with the landlord. See 24 C.F.R. §247.4(a).

6. Section 8 New Construction, Substantial Rehabilitation, and Similar Programs

  • Notice Period: Where the termination notice is based on material noncompliance with the lease or material failure to carry out obligations under state law pursuant to paragraph (b)(1)(i) or (b)(1)(ii), termination notice must comply with the lease agreement (note: the lease agreement may lengthen the notice period but not shorten it) and State law. When a termination notice is issued for “other good cause” (paragraph (b)(1)(iv) of this section), termination may not be earlier than 30 days after receipt by the tenant. See 24 C.F.R. §§ 880.607, 881.601, 883.701.
  • Service of Notice: Service must follow state law and lease agreement. 24 C.F.R. § 880.607(c)(2) (cited in §§ 881.601, 883.701).
  • Content of Notice: Similar to other multifamily programs, detailed grounds for termination, date of termination, and the tenant’s rights to defend and request accommodations at a hearing must be clearly stated.

7. Section 8 Moderate Rehabilitation Program

  • Notice Period (see 24 C.F.R. §882.511(d)(1), (3)):
    • Five (5) working days for nonpayment of rent, which may run concurrently with notice provided under state law.
    • Notice period as required by state law for serious or repeated lease violations or for violation of federal, state or local law.
    • 30 days for “other good cause”.
  • Service of Notice: The notice must be sent by first-class mail with return a receipt requested or delivered to the unit.
  • Content of Notice: The notice must include the termination date, detailed grounds for termination (with enough specificity to allow tenant to prepare a defense), and the opportunity to present a defense in court. See 24 C.F.R. § 882.511(d)(1), (2).

8. Section 8 Voucher Program

  • Notice Period: Set by state law and the lease agreement (note: the lease agreement may lengthen the notice period but not shorten it). See 42 U.S.C.A. § 1437f(o)(7)(E); 24 C.F.R. § 982.310(e).
  • Service of Notice: Service of notice must be made per state law and the lease agreement (note: lease agreement may lengthen but not shorten notice period). Both the Public Housing Agency (PHA) and the tenant must receive copies of the notice simultaneously. See 24 C.F.R. §§ 982.310(e)(2)(ii). The tenant must also give a copy of the notice to PHA. See 24 C.F.R. § 982.551(g).
  • Content of Notice: The notice must outline the grounds for termination and comply with any state-specific legal requirements.

9. Low-Income Housing Tax Credit (LIHTC)

  • Notice Period, Service, and Content: These requirements are governed by state law, the lease agreement (note: lease agreement may lengthen but not shorten notice period), and the rules set by the housing finance agency (HFA).

10. Rental Assistance Demonstration (RAD)

  • Notice Period and Service: In public housing, notice period must comply with the grievance procedure and housing notice requirements. In housing converted to project-based Section 8 and RAD-converted housing, the owner must use the HUD model lease and must include in its house rules the tenant’s right to access the grievance procedure. See 42 U.S.C.A. § 1437d(k); 24 C.F.R.§ 966.50 – § 955.57.
  • Grievance Procedures: Owner must comply with the requirement for grievance procedures. See also 42 U.S.C.A. § 1437d(k); 24 C.F.R.§ 966.50 – § 955.57. While there are statutory exceptions to the grievance hearing requirement, keep in mind that if the lease agreement or rules (incorporated into the lease agreement) do not provide for the exclusion of the grievance hearing in permitted occurrences, the owner must provide the tenant with the right to request a grievance hearing.
  • Content of Notice: Owners must adhere to public housing grievances and notice requirements. In housing converted to project-based section 8, the owner must use the HUD model lease and must include in its house rules the tenant’s right to access the grievance procedure. If the PHA converts its housing to project-based vouchers, it may use a lease of its choice, but it must include a Tenancy Addendum, Form HUD 52530. See 42 U.S.C.A. § 1437d(k).

11. HOME, HOPWA, CoC, ESG Programs

Notice Period: For the HOME program, the notice period is 30 days. For other programs like HOPWA, CoC, and ESG, the requirements are less specific, so state law and lease agreements govern the timing (note: the lease agreement may lengthen the notice period but not shorten it).
Service of Notice: Determined by state law and the lease agreement.
Content of Notice: The notice must specify the grounds for termination in compliance with the relevant federal regulations for each program.

Conclusion

The notice period, service of notice, and content requirements for tenants in federal housing programs are structured to ensure tenants receive adequate time and information when facing eviction. Although specific requirements vary by program, the overarching goal is to provide fair notice and an opportunity to respond. Compliance with these regulations is crucial for both housing providers and tenants to uphold the legal standards governing federal housing assistance programs.