Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. HUD announces 30-Day Eviction Notice RequirementArticles

    Article

    HUD announces 30-Day Eviction Notice Requirement

    Oct 20, 2021

    Share

    By Harry Kelly

    After the Supreme Court canceled the CDC eviction moratorium, HUD announced steps to at least slow down a threatened wave of evictions.

    In an express response to the Supreme Court’s recent decision canceling the power of the Centers for Disease Control and Prevention (“CDC”) to impose an eviction moratorium, the US Department of Housing and Urban Development (“HUD”) announced steps to at least slow down a threatened wave of evictions. Specifically, it published an interim rule (the “Interim Rule”) authorizing a 30-day notice requirement for evictions due to nonpayment of rent from certain public housing and HUD-assisted housing, and requiring that any such eviction notice include detailed information concerning the availability of emergency rental assistance (“ERA”). On the same day, HUD published a joint Notice (the “Notice”) from its Offices of Housing and Public and Indian Housing, implementing the 30-day eviction notice and specifying the content of the ERA notice. The 30-day eviction notice requirement takes effect on November 8, 2021.

    HUD’s action does not prevent housing providers from evicting tenants. As noted, it only applies to evictions for nonpayment of rent, only requires owners to give tenants 30-days’ notice before they are evicted, and applies to a relatively narrow group of public and HUD-assisted housing. According to HUD, the action was necessary because “in the immediate aftermath of the judicial vacatur of the CDC eviction moratorium, [HUD] needs to act to prevent a wave of preventable evictions.” 86 Fed. Reg. at 55696. To justify its action, HUD explained that the notice period would provide time for families to apply for ERA to prevent evictions, and pointed to the harm to HUD’s overall mission resulting from unnecessary evictions. Id. at 55696-97.

    According to the Interim Rule and the Notice, the 30-day notice requirement largely applies to properties that receive project-based assistance. These include Section 8 Project-based Rental Assistance (including Section 8 New Construction, Substantial Rehabilitation, State Housing Agency Program, Rural Housing Section 515/8, and Rental Assistance Demonstration, among others), Section 202 PAC/PRAC/SPRAC, and Section 811 Project Rental Assistance. Notice at 5. It also applies to PHAs administering the Public Housing program, including PHAs that participate in the Moving to Work Program and to families residing in public housing units covered by an Annual Contributions Contract. Id. It does not apply to PHAs that administer only the Housing Choice Voucher (“HCV”) Program, or to families assisted by the Project-Based Voucher program. Id.

    HUD’s notice requirement is just the latest in its efforts over the last 18 months to prevent evictions as a result of economic dislocations caused by the COVID-19 pandemic and should come as no surprise. Now that the Supreme Court has shut down the CDC’s eviction moratorium, HUD is testing its powers to prevent additional evictions. HUD’s approach—to impose longer eviction notice requirements and to provide additional information to tenants with respect to the availability of emergency rental assistance—may help to finally connect tenants to the assistance that will allow them to remain in place. So far, the threatened tsunami of evictions has failed to materialize and HUD’s new eviction notice requirement may help to keep it that way.

    Affordable HousingHUDCoronavirusReal Estate

    Practices

    Affordable Housing

    Industries

    Real Estate

    Insights And Happenings

    • Press Release

      Nixon Peabody’s Chaundi Randolph elected to ABA Affordable Housing Forum Governing Committee

      Sep 13, 2022

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL