NAHMA HUD Update: Supplemental Guidance Issued for Interim Final Rule for Nonpayment of Rent

October 8, 2021

Dear NAHMA Members,

Today, HUD’s Offices of Housing and Public and Indian Housing published Housing Notice 2021-29 containing additional supplemental guidance and information for owners and management agents on the recently issued interim final rule, Extension of Time and Required Disclosure for Notification of Nonpayment of Rent. The notice includes information about how owners and managers of Multifamily properties should reference Emergency Rental Assistance funds and an example addendum that can be added to a lease termination notice.

The supplemental guidance to the interim final rule is attached and available here.

Yesterday, HUD published the interim final rule prohibiting the eviction of tenants facing eviction for nonpayment 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. The rule 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:

(1) Expand the notice a covered landlord must give before such a tenant must vacate a unit from 14 days to 30 days;

(2) Require landlords to provide information to the tenant regarding federal emergency rental relief along with the eviction notice; and

(3) Require landlords to provide notice to all tenants in public housing of the availability of emergency rental assistance. Separately, HUD is publishing notices that invoke this new rule’s authority and require provision of information regarding the Emergency Rental Assistance Program.

The rule goes into effect on November 8, 2021. Please note that if you would like NAHMA to submit comments on the rule to HUD, members should provide NAHMA staff comments by November 1st, 2021.

The Extension of Time and Required Disclosures for Notification of Nonpayment of Rent interim final rule is available here.