On October 7, 2021, HUD published an Interim Final Rule titled “Extension of Time and Required Disclosures for Notification of Nonpayment of Rent” (the “2021 Interim Final Rule”). This notification applies to
Pursuant to the 2021 Interim Final Rule, HUD also issued a joint Public and Indian Housing (PIH) and Housing notice on October 7, 2021 (Notices PIH 2021-29 Supplemental Guidance to the Interim Final Rule "Extension of Time and Required Disclosures for Notification of Nonpayment of Rent" and H 2021-06 Supplemental Guidance to the Interim Final Rule "Extension of Time and Required Disclosures for Notification of Nonpayment of Rent") providing supplemental guidance.
On December 1, 2023, HUD published a Proposed Final Rule 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent seeking to make the 2021 Interim Final Rule generally applicable and no longer contingent on the existence of a national emergency or the availability of emergency rental assistance.
On December 13, 2024, HUD published a Final Rule 30-Day Notification Requirement Prior To Termination of Lease for Nonpayment of Rent which required that PHAs and owner/agents of properties receiving PBRA provide residents with a termination notice at least 30 days prior to filing for eviction.
The termination notice could not be provided to residents before the day after the rent was due according to the lease. The notice must include:
Under the 2024 rule, if the resident pays the alleged amount of rent owed within the 30-day notification period, a PHA or owner/agent is prohibited from filing an eviction for nonpayment of rent.
On February 26, 2026, HUD posted an Interim Final Rule – 30 Day Notice of Termination for Non-Payment of Rent. This Interim Final Rule, effective March 30, 2026. This Interim Final Rule targets HUD’s Public Housing programs and HUD’s PBRA programs.
The new Interim Final Rule, consistent with the requirements in place prior to the 2021 Interim Final Rule, provides the following regulatory notice timelines for nonpayment of rent:
Program | Regulation | Timeline |
Public Housing | Non-payment, notice: In the case of termination for nonpayment of rent, a PHA shall provide at least fourteen days' written notice. | |
Project-based rental assistance programs | Non-payment, notice: For termination for nonpayment of rent, a termination notice must be provided with enough advance time to comply with both the rental agreement or lease and State laws. Notice: For termination of tenancy for “other good cause,” HUD regulations require 30 days' notice along with the provision of specific information to the resident. | |
Project-Based Section 8 | 24 CFR 880.607(c)(2); 24 CFR 247.4(c) | Non-payment notice: For termination for nonpayment of rent, the time of service must be in accord with the lease and State law. Notice: For termination of tenancy for “other good cause,” HUD regulations require 30 days' notice along with the provision of specific information to the resident. |
Section 8 Moderate Rehabilitation Program | Non-payment, notice: Five working days’ notice required before tenancy termination for non-payment. |
Additionally, this Interim Final Rule removes:
In general, HUD publishes a rule for public comment before issuing a rule for effect. However, federal laws provide for exceptions from that general rule where HUD finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when the prior public procedure is “impracticable, unnecessary, or contrary to the public interest.” HUD indicates that they have satisfied this requirement.
HUD removed regulations to conform to the CARES Act, but does not discuss that the 30-day requirements relating to eviction and nonpayment of rent still exist in federal statute.
On February 25, 2026, the USDA (Rural Development (RD)) issued a Final Rule Rescinding 30-Day Notification Requirements Related to Eviction Based on Nonpayment of Rent in Multi-Family Housing Direct Properties removing the regulatory requirement that RD Sections 515 and 514 multifamily housing properties provide at least 30 days’ notice before initiating eviction for nonpayment of rent. The USDA removed regulations to conform to the CARES Act, but makes it clear that the 30-day requirements relating to eviction and nonpayment of rent still exist in federal statute.
The HOME Funds program has always had a statutory 30-day notice requirement for all evictions, so this has not been an issue for HOME.
Owner/agents should be aware that HUD’s Interim Final Rule and USDA’s announcement have caught the attention of lawyers who advocate for resident rights. HUD and Rural Development may have removed their regulations, but the CARES Act itself remains on the books. For owners and agents, the question is no longer what the regulations say—but what risk they are willing to accept if a court applies the statute as written.
So, what does this mean? Congress will probably repeal CARES Act 30-day notice requirements for nonpayment of rent. At least one such proposal is in process. However, until then, the CARES Act eviction provisions have not ended for covered properties. Owners/agents and legal counsel should assess the current eviction policy.
Things to consider include:
The safest thing to do is to continue to handle nonpayment of rent as provided under the CARES Act.
