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HUD Issues New Protections for Tenants Facing COVID-Related Eviction

The U.S. Department of Housing and Urban Development (HUD) [1] has published a rule that prohibits the eviction of tenants facing action for non-payment of rent from HUD-subsidized public housing and certain properties with project-based rental assistance, without providing a 30-day notice period that includes information about available federal emergency rental assistance.

HUD’s latest action reaffirms HUD’s commitment to keeping people housed throughout the duration of the COVID-19 pandemic through the prevention of unnecessary evictions. The Biden-Harris Administration continues to work to rush aid to renters and landlords, and ensure that available support quickly reaches families in need and most at-risk of eviction.

The interim rule, which will be published in the Federal Register on Thursday, October 7, provides that when there is a national emergency—such as the COVID-19 pandemic—and federal money is allocated to help tenants facing eviction for nonpayment of rent, the HUD Secretary can:

HUD is also publishing notices that invoke this new rule’s authority and require the provision of information regarding the Emergency Rental Assistance Program.

“For many months, our Department has worked with landlords and owners who do business with HUD to ensure they access the Emergency Rental Assistance Program and do everything they can to keep people housed,” said HUD Secretary Marcia L. Fudge [2]. “This rule is a significant step in raising tenant awareness about the availability of funds that can assist them with past due rent and allowing them additional time to access relief that may stave off eviction entirely. HUD will continue to review additional actions to help protect individuals through the duration of the pandemic.”

This new rule builds on the work HUD is doing to ensure available support is reaching the families the Department serves. HUD has also taken the following actions to prevent evictions and inform communities of their responsibilities and rights: