Public and subsidized housing extension to 30 days notice to pay rent or quit

The United States Department of Housing and Urban Development (HUD) has issued guidance regarding of extension of time to pay rent in public and federally subsidized housing.  The interim final rule ““Extension of Time and Required Disclosures for Notification of Nonpayment of Rent” amended HUD regulations to require that, during a national emergency, the HUD Secretary can determine that additional time is necessary for families to secure funding available because of the national emergency and therefore public housing authorities (PHAs) administering public housing programs and owners of project based rental assistance properties must give at 30 days notice of lease termination for nonpayment of rent.  This requirement would not apply to the Housing Choice Voucher program.

The HUD Secretary has determined that an extension of time is necessary to give tenants notice of available funding and to increase the likelihood that tenants will be able to secure such funding before lease termination. This determination will remain in effect until a subsequent HUD notice rescinds this determination.

PHAs are not required to amend their leases to reflect this requirement.  Instead, PHAs must notify tenants of the requirement for 30 days notice of termination of tenancy for nonpayment of rent.  PHAs can provide this notice in writing or by electronic communication.  (PIH Notice 2021-29, October 7, 2021.)