Public Housing Eviction Guidelines Updated

Posted On: October 6, 2021

Chris Shirley

The U.S. Department of Housing and Urban Development released new eviction guidelines for Public Housing and Project-based rental assistance (PBRA) developments.

The regulation and policy update published in the Federal Register now allows renters the chance to receive rental assistance before the eviction process begins.

HUD leadership including Secretary Marcia L. Fudge say the rule change could eliminate eviction in public housing.

“This is….a significant step in raising tenant awareness about the availability of funds that can assist them with past due rent and allowing them additional time to access relief that may stave off eviction entirely.”

Marcia L. Fudge – Secretary of Housing & Urban Development

Public Housing Eviction Guidelines Updated

Public Housing Eviction Guidelines: What’s New?

Specifically, the public housing eviction guidelines require PHAs with public housing and owners with PBRA properties to do the following:

  • Provide at least 30 days from the date a tenant receives notice of lease termination for failure to pay rent before terminating the tenant.
  • Provide information on how to apply for and receive emergency federal funding.

In addition, HUD plans to publish guidance on the specific information lease termination notices must include. Moreover, this guidance will also include steps for PHA’s and owners to provide accessible, effective communication for people who do not speak English as a primary language.

Specifically, these requirements apply to public housing and PBRA. However, they do not apply to the Housing Choice Voucher Program. HUD says these changes will become effective 30 days after its publication in the Federal Register. During this time, Leaders will hear public comments on the changes.

Furthermore, Fear of eviction has increased nationwide since the Supreme Court repealed a moratorium banning the process. A recent Lending Tree study found 42 percent of renters in Alabama alone fear they will be evicted by the end of the year.

Finally, anyone struggling to make ends meet through the COVID-19 pandemic can find free rental assistance resources here.

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