HUD ends the 30-day grace period for renters who fall behind on rent

New rule strips eviction protections starting March 30

HUD published a new rule on Feb. 26 that removes the 30-day eviction notice requirement for public housing and project-based rental assistance properties.

The change hits more than 2 million households. HUD Secretary Scott Turner called it the end of a COVID-era standard the Biden administration put in place.

The rule takes effect March 30, and HUD will accept public comments for 60 days. Tenant groups already filed a lawsuit to block it on March 3.

The old rule gave tenants a 30-day window

Under the 2024 rule, landlords in public housing and project-based rental assistance properties had to give tenants written notice at least 30 days before filing a formal eviction for unpaid rent.

If tenants paid what they owed during that window, they could stop the eviction.

Landlords also had to include an itemized bill, information about hardship exemptions, income recertification, and emergency rental assistance.

The rule covered public housing, Section 8 Project-Based Rental Assistance, Section 202, Section 811, and related programs.

COVID created the rule, then HUD made it permanent

The original rule started in 2021 during the pandemic so tenants had time to apply for Emergency Rental Assistance, a roughly $46 billion federal program.

In 2024, HUD made the 30-day notice permanent and dropped the tie to a national emergency. HUD said at the time that evictions could be prevented when tenants had enough notice to work things out with their landlords.

Now, the agency is reversing that decision entirely.

Notice periods shrink to as few as five days

Once the rule kicks in, eviction notice periods go back to pre-2021 standards. Those timelines vary by program.

Public housing requires at least 14 days. Section 8 Moderate Rehabilitation requires just five working days. For project-based rental assistance, timelines default to whatever the lease or state and local law says.

Landlords also no longer have to include details about assistance programs or rent breakdowns in eviction notices. The rule even removes language that blocked landlords from issuing termination notices the day rent was due.

State laws create a patchwork of protections

State eviction notice periods for nonpayment vary a lot. Some states require as few as three days before a landlord can file.

Others require 14 days or more. Washington, D.C., requires 30 days and at least $600 owed before a landlord can even start the process.

In states with very short notice periods, losing the federal 30-day floor could mean a much faster path to eviction for tenants in assisted housing.

Where you live now matters more than ever.

One federal protection still stands, for now

HUD pulled its own rule, but the CARES Act’s 30-day notice requirement for covered properties remains federal law.

Congress passed the CARES Act in March 2020, and it requires landlords of covered properties to give 30 days before requiring a tenant to leave for nonpayment.

Covered properties include public housing, Section 8, and homes with federally backed mortgages from agencies like FHA, VA, USDA, Fannie Mae, or Freddie Mac.

But legal experts disagree on how courts will enforce it, and enforcement varies by area.

HUD says the old rule hurt housing agencies

HUD argued the 30-day requirement put financial strain on public housing agencies and property owners. The agency said national unpaid rent balances remain more than 200% above pre-pandemic levels.

HUD also said longer notice periods delayed unit turnover and kept families on waiting lists from getting housing.

Housing industry groups like the National Apartment Association and the National Leased Housing Association praised the change, saying it removes delays in legitimate eviction actions.

Advocates warn homelessness will rise

The National Housing Law Project said the rule removes protections that keep communities stable during a housing crisis.

Maryland Legal Aid said families need more time to fix billing errors, seek help, and find a lawyer. Advocates warned the rollback will increase homelessness, destabilize families, and deepen economic inequality.

They pointed out that the 30-day window gave tenants time to request income recertification, which could lower their rent and resolve the problem entirely.

Tenant groups sued HUD on March 3

Tenant groups and housing organizations filed suit against HUD in the U.S. District Court for the District of Columbia on March 3.

The plaintiffs include the Jane Addams Senior Caucus, the North Carolina Tenants Union, Maryland Legal Aid, and an individual tenant named Lisa A. Sadler.

The National Housing Law Project, the Legal Aid Society of Eastern Virginia, and the law firm Debevoise and Plimpton represent them.

The lawsuit argues HUD broke federal rulemaking law by skipping public comment before making the rule effective.

Current leases keep their terms, for now

The new rule does not change existing leases that already include a 30-day notice provision. But as leases come up for renewal or new ones get signed, the updated federal standards will apply.

Tenants in HUD-assisted housing should check their current lease to see what notice period it provides. State and local tenant protection laws still apply and may offer more time than the new federal minimums.

USDA pulled its own rule a day earlier

The USDA Rural Housing Service dropped its own 30-day notice requirement for Section 514 and 515 multifamily housing properties on Feb. 25, one day before HUD’s move.

That rule took effect right away.

The USDA said its existing tenant recertification process already protects renters from getting evicted with less than 30 days’ notice.

Eviction rates in USDA rural housing were low, with just 0.04% of all evictions in 2024 being solely for nonpayment.

Tenants should stay prepared before the court ruling

The HUD rule takes effect March 30 unless a court blocks it.

The lawsuit seeking to delay it is pending in federal court in Washington, D.C. HUD will accept public comments on the rule through April 27.

Meanwhile, a bill called the Respect State Housing Laws Act is moving through Congress and would repeal the CARES Act’s 30-day notice provision entirely.

Tenants in federally assisted housing who are worried about eviction should contact their local legal aid office or call 211.

This article was created with AI assistance and human editing.

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