Vickie Bell (00:05)
Today, we're going to look at the 30-day rule. And what the 30-day rule is, the owners and agents have to give the residents who are

behind in their payments a 30-day notice of non-payment before they can turn it over to an attorney for termination. So make sure that you're giving them a 30-day notice prior to the 30-day notice that you're required to give them before you turn it over to the attorney for termination. It actually makes it look like you're having 60 days

which it really is 60 days, but HUD feels that the residents don't have enough time and that they could avoid foreclosure if they have a little more time. So they've extended it. It's effective January the 13th, 2025. So your reviewer might actually come in if you have any terminations during the time they're doing the MOR review and ask you,

to let them review that file. And in that file, they're going to be looking for the 30-day, we call it the final 30-day notice, but they're gonna be looking for the final 30-day notice so that they can make sure that you gave them 30 days to pay prior to turning it over to an attorney. And the programs that are covered are, we have section eight, we have public housing, we have supportive housing,

202 Rental Assistance, SPRAC, and 811-PRAC and PRA. The covered programs are most of the programs that we have in our HUD program. Participants that are not subject to this rule, however, are your Housing Choice Voucher, your Project-Based Vouchers, your PBV, and your Rental Assistance Demonstration, which are your RAD programs.

Now those three do not have to give the 30-day notice in advance of the 30-day notice turning it over to the attorney for collection. The next thing I want to tell you is that this 30-day notice must contain an itemized breakdown by month of the alleged amounts owed.

Ebony Hall (02:23)
know is that this 30 day notice.

Vickie Bell (02:33)
by the tenant along with other arrangements that are allowed by HUD. They may be behind in their rent, but they also may have some allegations for damages. It has to include all of this. The date the resident must pay before an eviction is filed. In other words, you need to let the resident know.

The day before you plan on going to the attorney to file the notice with the attorney for termination. It also needs to contain details on how the resident can cure for non-payment. In other words, it needs to contain the fact that if you pay us all of our money, this is null and void. So therefore you need a list of how much the residents will owe. Details on how the residents can recertify their income,

Ebony Hall (03:18)
You

Vickie Bell (03:26)
request a minimum rent hardship. HUD's saying that the residents may be in a predicament where they cannot pay. They have lost their job. They have an illness that has caused them not to work or be able to afford to pay their rent. Then they should apply for a hardship. So continue to monitor them.

and make sure that you let them know in the notice that these things are available. A lot of times, owners and agents don't let people know or don't let the residents know what are available to them, like hardships, like for the elderly, deductions for your medicines and things, but HUD wants that notice on file. what I want the owners and agents to keep in mind is that residents may cure

the issue by paying the rent and the arrearage. If payment is not received in 30 days, the management can go ahead with their original 30 day plan and file with the attorney for eviction. And the rule does not extend protections on evictions that are non-compliant. In other words, this rule, this 30 day rule only involves

non-payment of rent. If your residents are shooting, fighting, stalking, whatever, they're not covered by this additional 30-day notice.

HUD says that we will get a lease soon. I'm assuming it's going to be that same lease we're waiting on for a HOTMA that has these provisions in the lease. After we receive the lease that we're waiting on, PHAs must use them no later than 18 months after the final rule was effective. And owners and agents must use them no later than 14 months after the final rule.

So for the public housing authorities, have 18 months to use them. For our customers, they have 14 months to use it. HUD does not provide, like I say, a model form of how you're supposed to tell them or an introduction to this new rule. That's something that owners and agents will have to do for themselves. And it says in that notice that if

English is not the general language that you will provide it for them in a language in which they understand. But that one has changed too. So remember that you've got to give them a 30-day notice. That's the biggest thing. And your reviewers may look at that because in the questionnaire, the 9834 questionnaire, we ask if there are any evictions in process.

And so they might look at those files. It will be a MOR finding if the 30-day notice is not in there. Because as I said, it became effective January the 13th of this year.

Ebony Hall (06:25)
Okay. Any questions? So I just wanted clarification. So before you actually send the paperwork to the attorney, you have to give the resident 30 day notice that you're planning to do that. And then once that 30 days is up, you send it to the attorney and then you give them a 30 day eviction notice. Is that what I'm understanding? Okay, okay.

Vickie Bell (06:27)
Any questions, Ebony? Anything you want to comment on?

Yes, yes.

give them, you know, normally we give them 30 day notice to cure. Now they're actually getting a 60 day notice to cure. We're letting them know that we're going to give you a 30 day notice to cure it 30 days in advance.

Ebony Hall (06:55)
Mm-hmm.

Have you heard from any owners and agents what they're thinking about this?

Vickie Bell (07:10)
Well, a lot of them feel that it's unfair because they say it's 60 days and, you know, they're out to collect. They have bills to pay on the property and what have you, and they're out to collect. So some of them aren't so satisfied with it,

But we have a lot of residents who don't care to think about evictions. They don't realize that that eviction follows them and it's going to be hard, yes, wherever they go and it's going to be hard for them to rent in the future.

Ebony Hall (07:30)
wherever they go.

Well, I mean, it's gonna take a little bit of empathy, I guess, for some owners and agents, because a lot of people are struggling. And that extra 30 days could mean a lot to some families, but then again, you have people who just don't care, and I know that's frustrating, but just try to look at it from a perspective of, yeah, yeah.

Vickie Bell (07:43)
Yes. Yes.

positively, yes.

And so empathy is a great word, empathy.

That was HUD's intent that you try to work with the residents. And so it does give them 60 day notice, but you know, try to work with them and see if they can. Let them know if something has happened to them like the downsizing of their job.

or just the job terminated because it no longer exists, that they can come in to a HUD property and ask for a hardship.

Ebony Hall (08:23)
So if you have stuff that's happening immediately like crime is taking place or anything like that, you do not have to wait on this rule. 

Vickie Bell (08:32)
No, no.

This is only for non-payment of the rent. But you know, when the residents hear it,

They're going to say, you can't evict me for another 30 days. They forget to read the non-payment of rent part. So that's what we have for today. We look forward to seeing you all next week. We're going to do this for the month of April. We're going to talk about changes in the HUD program. And there are a lot of changes in the HUD program. We'll see you next time for another Tuesday Tip.

Ebony Hall (08:47)
Yeah, yeah.

Mm-hmm.