Last week, HUD published an Interim Final Rule titled Extension of Time and Required Disclosures for Notification of Nonpayment of Rent. The deadline for public comment is November 8, 2021.
The rule, in it's current state (without comments) prohibits the eviction of residents facing eviction for nonpayment of rent without providing a 30-day notice period that includes information about available federal emergency rental assistance.
This interim final rule (effective November 8, 2021) applies to:
Separately, HUD has published a HSG Notice that explains this new rule’s authority and requires owner/agents to provide information regarding the Emergency Rental Assistance Program. See HSG Notice 2021-06 Supplemental Guidance to the Interim Final Rule "Extension of Time and Required Disclosures for Notification of Nonpayment of Rent."
HUD plans to exercise their right to:
Note: For additional information about Emergency Rental Assistance in your area, see https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/emergency-rental-assistance-program/program-index
We suggest attaching the MF Tenant Concerns COVID-19 Brochure to any Notice of Termination of Tenancy issued on November 8 or later. For a copy of the brochure explaining the Emergency Rental Assistance, see: https://www.hud.gov/sites/dfiles/Housing/documents/MF_Tenant_Concerns_COVID-19_Brochure.pdf
We have created a sample Notice of Termination of Tenancy with ERA Information and posted it on our Coronavirus Resource page under RBD Courtesy FASTForms. Hopefully, this will help get you started on your own Notice with plenty of time to have an appropriate Notice in place by November 8.
After a review of the Final Rule and HUD's HSG Notice, we are unsure how the rule will affect evictions that are already in progress.
Please keep in mind that some version of an eviction moratorium is still in effect in some states, including, but not limited to: Minnesota, New Jersey, New Mexico, New York, Washington, DC, and Washington.
