Hi there, thanks for joining us for another Navigate Tuesday tip. I'm Pam. Today we're gonna be taking a look at the HUD 30-day notice for non-payment of rent. There have been some changes, so we're gonna make sure we're all on the same page. So the timeline for this notice. HUD first started looking at this in 2021. So in November of 2021, HUD issued an interim federal rule

requiring this 30 day notice prior to eviction for non-payment, specific to non-payment. In December of 23, HUD issued a proposed rule and that rule kept that part and expanded the protections beyond just non-payment and natural disaster. So there were some other circumstances where this notice needed to be sent. In 12, 2024, they issued a final rule

and they kind of expanded the programs covered. So Section 8, Project-Based Rental Assistance, 202 and 162 PACs, the 202 PACs, the 811 PACs, the Project Rental Assistance, and the S-PRACs. So not the Housing Choice Vouchers, not the PBVs, but it covered a bunch of different programs.

So at that point, you had to issue this 30 day notice for non-payment of rent, gave the tenant an opportunity to fix the non-payment. And then in February, 2026, there came an interim federal rule that took back the requirement to send those notices. So as of February, 2026, the interim federal rule said you don't need to send that 30 day notice anymore.

After some comments and some further discussion, HUD in March 13th of 2026 said, we are going to delay that. What that means is the CARES Act is still in place and HUD said, so we're going to wait to rescind that, which means as of right now, you must still send.

that 30 day notice before you can take action to terminate for non-payment and any other conditions in that notice, but it's largely non-payment. It allows the tenant an opportunity to meet with you to cure the non-payment and you need to make reasonable payment arrangements for that. Now, when a tenant doesn't keep to those payment arrangements,

That's a different issue. This is strictly talking about non-payment of rent. So again, you're going to defer to your attorney when it's something like, you know, not following their repayment agreement. You can have owner agent policies regarding that. So you're going to follow your owner agent policies and your attorney's advice, but you must still send a 30 day notice in advance of taking action for non-payment of rent.


So in addition to sending this notice, you need to be aware of the definition of commencing eviction action. And that's gonna vary a little by state. Some states you can just send a notice to quit.

Some states you have to give a pre-termination notice. So whatever commencing eviction action in your state is, you need to send this notice 30 days in advance. So contact your supervisor, your compliance department, your attorney, whatever your process is for eviction, you're going to be contacting those people to find that out and make sure you're following it.

Moving forward, be aware that the comment period on this new rule that may be coming out ends 427. So that would be you commenting on them rescinding that requirement. After the comment period ends, we may very well see this final rule come out again and it may change. It may be different than what we're looking at now.

Make sure that you are signing up for appropriate newsletters so that you can stay abreast of any changes. That's HUD notices, any newsletters from your contract administrators, and any professional organizations that you may want to get newsletter from. Just make sure that you're keeping an eye on this and you know when things change.

resources, the final rules are in the Federal Register. So the there's the final rule that's 89 Federal Register 101 to 70. And then the rule that came out that rescinded it, that's the interim final rule is 91 Federal Register 12301 and that rescinded that prior notice.

So you just want to refer to those, make sure that you're contacting your compliance department, your supervisor, your attorney for appropriate guidance. And we'll see what this is when they come out with the final, final rule, but make sure that you're aware of any changes. So if there's anything you would like to see on the next Tuesday Tips, please let us know. You can email me at the email address on your screen and we'll see you on the next one.