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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations is to provide assistance for housing to promote the general welfare and security of the Nation and the health and living standards of its people. 28
Each year, HUD provides States, local governments, and housing providers with billions of dollars in Federal financial assistance, appropriated and authorized by Congress. By taking the actions described here, HUD will prevent unnecessary evictions and the costs associated with them for both tenants and PHAs and owners, as compelled by its mission. These actions will promote the general welfare and security of the Nation by avoiding the societal ills exacerbated by the dislocations wrought by evictions in the time of a national emergency, such as deterioration of public health through disease transmission, extended disruptions to childrens schooling after the prolonged period of disruption that many have already experienced during the current national emergency and all the other problems attendant to increased homelessness.
In addition, increases in evictions frustrates HUDs programmatic efficiency. It diverts resources to cover the costs of unnecessary evictions.
Increased homelessness also makes it more difficult for HUD to provide services to the population that qualifies for HUDs programs. People experiencing homelessness are less likely to receive information about HUDs programs and to avail themselves of those programs. Accordingly, by reducing evictions, this rulemaking advances HUDs statutory purposes.
HUD also has specific statutory authority under the U.S. Housing Act of 1937 to prescribe procedures and requirements for PHAs to follow to ensure sound management practices and efficient operations.29 Even more specifically, HUD has the authority to establish procedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent. 30 HUD also has authority to specify procedures that ensure tenants receive the elements of due process, such as notice of relevant information, before adverse action is taken against them.31
In particular, the Secretary is authorized to require public housing authorities to provide certain specified notice periods and other procedural protections that are, in turn, incorporated into lease terms before 28 42

U.S.C. 3531.
U.S.C. 1437dc4.
30 42 U.S.C. 1437dc4B.
31 42 U.S.C. 1437dk.
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different types of eviction proceedings.32 In exercising that statutory authority, HUDs regulations provide that in the case of termination for nonpayment of rent, a PHA shall provide at least fourteen days written notice. See 24 CFR 966.4.
The Secretary also has statutory authority to establish requirements for project-based rental assistance.33 This statutory authority provides that during the lease term, the owner must not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause. 34
The Secretary is also authorized to provide additional terms and conditions that must be incorporated into the tenants lease.35 This rulemaking is consistent with the statutory restrictions placed on program participants under this authority and HUDs regulations promulgated in this area.
Specifically, for termination for nonpayment of rent in HUDs projectbased rental assistance programs, HUDs regulations generally provide that a termination notice must be provided with enough advance time to comply with both the rental agreement or lease and State laws.36 See 24 CFR 247.4c;
24 CFR 880.607c2. By contrast, for termination of tenancy for other good cause, HUD regulations require 30
days notice along with the provision of specific information to the tenant. See 24 CFR 880.607c2. HUD imposes different notice requirements in specific programs; in one program, five working days notice are required before tenancy termination while in another program the regulations provide for 10 days. See 24 CFR 882.511; 24 CFR 884.216.
This interim final rule amends these program regulations for public housing and project-based rental assistance to accommodate current and future exigencies, based on HUDs statutory authority and policy discretion, in three ways.
32 42

U.S.C. 1437dl.
U.S.C. 1437fg Section 8 low-income housing assistance; 12 U.S.C. 1701q Section 202
supportive housing for the elderly; 42 U.S.C. 8013
Section 811 supportive housing for persons with disabilities.
34 42 U.S.C. 1437fd1Bii. See also 42 U.S.C.
8013i2B Section 811.
35 42 U.S.C. 1437fd1Biv.
36 The time period required by State laws can vary from 0 days to 30 days depending on the jurisdiction. See NOLO, State Laws on Termination for Nonpayment of Rent, https www.nolo.com/
legal-encyclopedia/state-laws-on-termination-fornonpayment-of-rent.html last updated Dec. 10, 2020 citing W.Va. Code Section 553A1 no notification period, Fla. Stat. Ann. Section 83.563
3 days; Idaho Code Section 63032 3 days and D.C. Code Ann. Section 423505.01 30 days.
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First, it provides that, when funding is available to assist tenants with nonpayment of rent during a national emergency, such as the current COVID
19 pandemic, the Secretary may determine that tenants facing eviction for nonpayment of rent must be provided with adequate time and notice to secure that funding. Upon that determination, the PHA or owner seeking to evict for non-payment must provide the tenant with such information as required by the Secretary for accessing the funds that are being made available related to the emergency. HUD will publish a Notice outlining the specific information to be included in the lease termination notification to assist eligible tenants in obtaining funding during this emergency. The Notice will explain the requirements for PHAs and owners to provide the information in a manner that ensures effective communication for individuals with disabilities, such as by providing the information in accessible electronic formats or in Braille, and to provide meaningful access for persons with limited English proficiency LEP.
Second, to ensure tenants facing eviction for non-payment of rent are provided an adequate opportunity to access emergency funding, this interim final rule also extends the lease termination time period for such tenants to at least 30 days following the abovedescribed notification. This 30-day period is consistent with the longest of the standard periods to which PHAs and owners are already accustomed for many evictions. For example, for evictions for reasons other than nonpayment of rent, health or safety concerns, or criminal activity, 42 U.S.C.
1437dl and 24 CFR 966.4l3 already provide for a 30-day time period, unless State or local law allows a shorter period.
Similarly, HUDs PBRA regulations at 24 CFR 247.4, 24 CFR 880.607, and 24
CFR 882.511, as well as 42 U.S.C.
8013i2B, all provide that when termination of the tenancy is based on other good cause, the tenancy will not terminate earlier than 30 days after the tenant receives the notice. Further, some state laws already provide for 30 days more generally or specifically for the current national emergency.37
Third, the interim final rule provides that, for public housing, in addition to requiring the provision of specified information to tenants facing eviction 37 See, e.g., Colo. Executive Order No. D 2021
122, July 8, 2021 https www.colorado.gov/
governor/sites/default/files/inline-files/D%202021
%20122.pdf.

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