Federal Register - October 7, 2021
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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
Housing Assistance Program and Rent Supplement need sufficient time and information to seek and receive such emergency rent relief. This interim final rule will allow the Secretary, upon making the requisite findings and providing the requisite notice, to require housing providers participating in those programs to provide tenants facing eviction for non-payment of rent with notification of and information about the opportunity to secure emergency funding and additional time to secure such funding prior to eviction.
DATES:
Effective date: November 8, 2021.
Comment due date: November 8, 2021.
ADDRESSES: Interested persons are invited to submit comments regarding this interim final rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 204100500.
Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451
7th Street SW, Room 10276, Washington, DC 204100500.
2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov website can be viewed by other commenters and interested members of the public.
Commenters should follow the instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule.
No Facsimile Comments. Facsimile FAX comments are not acceptable.
Public Inspection of Public Comments. All properly submitted comments and communications
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submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202402
3055 this is not a toll-free number.
Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Information Relay Service, toll-free, at 8008778339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For Public and Indian Housing: Danielle Bastarache, Deputy Assistant Secretary for Public Housing and Voucher Programs, 451 7th Street SW, Room 4204, Washington, DC 20410, telephone number 2024021380 this is not a tollfree number. For a quicker response, email PIH-COVID@hud.gov. For Multifamily: Robert Iber, Senior Advisor for the Office of Multifamily Housing Programs, 451 7th Street SW, Room 6106, Washington, DC 20410, telephone number 2027083055 this is not a tollfree number. For a quicker response, email mfcommunications@hud.gov.
Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Relay Service at 8008778339 this is a tollfree number.
SUPPLEMENTARY INFORMATION: This rule provides that, during the COVID19
pandemic and other future emergencies, the Secretary may require that public housing authorities PHAs and PBRA
owners provide tenants with specified information regarding any Federal funding that is made available to prevent eviction for nonpayment of rent during such emergency. The Secretary may also extend the time period before lease termination for nonpayment of rent to a minimum of 30 days after the tenant has received such information.
This interim final rule will provide an important opportunity for tenants who face hardship due to emergencies, such as those who have lost income during the COVID19 pandemic and are unable to pay rent, to learn about emergency funding opportunities and take steps to secure emergency funding. This will in turn prevent unnecessary evictions that would negatively impact the efficacy of HUDs programs.
I. Background Since the first case of coronavirus disease 2019 COVID19 was discovered in the United States in
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January 2020, the disease has infected over 40 million Americans and killed over 631,000.1 The disease significantly impacted the economy, resulting in millions of Americans losing their jobs or working fewer hours. In April 2020, the national unemployment rate reached its highest level in over seventy years following the most severe month-overmonth decline in employment on record.2 Between March 15 and May 15, 2020, over 35 million Americans filed initial jobless claims, and the unemployment rate climbed to over 14
percent in April 2020the highest monthly level since 1948, when the U.S.
Bureau of Labor Statistics started tracking this data.3 The loss of jobs created by the COVID19 pandemic exacerbated an affordable housing crisis that predated the pandemic. During this time, many households have faced housing insecurity.4 Amid this once-ina-century crisis, HUD and the Federal Government began intense efforts to provide support for affected families, and State, territorial, Tribal, and local governments State, local, and Tribal governments have been called on to respond to this crisis with emergency assistance at an immense scale.
On January 31, 2020, the Secretary of Health and Human Services HHS
issued a determination under section 319 of the Public Health Service Act,5
that a national public health emergency existed as of January 27, 2020, because of the COVID19 pandemic.6 On March 1 Centers for Disease Control and Prevention CDC, COVID Data Tracker, http
www.covid.cdc.gov/covid-data-tracker/
datatracker-home last visited Sept. 9, 2021.
2 Federal Reserve Bank of St. Louis, Unemployment Rate UNRATE, https fred.
stlouisfed.org/series/UNRATE last visited Sept. 9, 2021; Federal Reserve Bank of St. Louis, Employment Level LNU02000000, https fred.
stlouisfed.org/series/LNU02000000 last visited Sept. 9, 2021.
3 U.S. Department of Labor, Unemployment Insurance Weekly Claims Report, May 21, 2020, https www.dol.gov/sites/dolgov/files/OPA/
newsreleases/ui-claims/20201058.pdf.
4 Nirmita Panchal et al., The Implications of COVID19 for Mental Health and Substance Abuse, Feb. 10, 2021, https www.kff.org/coronaviruscovid-19/issue-brief/the-implications-of-covid-19for-mental-health-and-substance-use; U.S. Census Bureau, Household Pulse Survey Data Tables, https www.census.gov/programs-surveys/
household-pulse-survey/datasets.html last visited Sep. 9, 2021; Rebecca T. Leeb et al., Mental HealthRelated Emergency Department Visits Among Children Aged <18 Years During the COVID
PandemicUS, Jan. 1Oct. 17, 2020, Morb. Mortal.
Wkly. Rep. 6945:167580 Nov. 13, 2020, https
www.cdc.gov/mmwr/volumes/69/wr/
mm6945a3.htm.
5 42 U.S.C. 247d.
6 The HHS Secretary renewed this determination several times since then, most recently on July 19, 2021 effective July 20, 2021. HHS, Renewal of Determination That A Public Health Emergency Exists, July 19, 2021, https www.phe.gov/
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