New HUD rule aimed at preventing evictions from public housing

New HUD rule aimed at preventing evictions from public housing
© Stefani Reynolds

The Biden administration is rolling out a new rule aimed at preventing evictions for tenants in public housing after the federal eviction moratorium expired in August.

The rule will prohibit individuals living in housing subsidized by the Department of Housing and Urban Development (HUD) from being evicted from their homes for not paying rent unless the tenants are given a 30-day notice and information regarding federal emergency rental assistance that may be available, the department announced in a statement on Wednesday.

The regulation will be published in the Federal Register on Thursday.


Typically, rules submitted to the register would be enacted 30 days later. Authorities dealing with public housing nationwide, however, will likely implement the regulation right away, a senior HUD official told the AP.

The rule was reportedly changed because of a growing concern regarding a potential spike in evictions as cases start to progress through the court system.

“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 Secretary Marcia FudgeMarcia FudgeButtigieg has high name recognition, favorability rating in Biden Cabinet: survey Biden, top officials spread out to promote infrastructure package Black Caucus eager to see BBB cross finish line in House MORE said in a statement.

“HUD will continue to review additional actions to help protect individuals through the duration of the pandemic,” she added.

The revised regulation, however, is not entirely new, The Associated Press noted. The requirement for a notice 30 days before evictions existed in the original COVID-19 relief package.

Tenants living in project-based rental assistance properties also fall under the authority of the new rule, according to the AP. Those locations are operated by private-for-profit or nonprofit owners that make an agreement with HUD to establish housing units that are affordable to tenants.

According to the AP, officials believe the new regulation will apply to 4.1 million individuals.

The new rule comes after the federal eviction moratorium expired in early August, leaving millions of Americans at risk of being pushed out of their homes amid the pandemic.

HUD said the new rule builds on previous work the department has completed to protect tenants from evictions, including streamlining requirements to allow assisted households to recertify their income if they see a drop in wages, providing eviction prevention resources for public housing authorities and issuing guidance that protects against evictions targeting protected classes, among other efforts.

Updated at 4 p.m.

The Centers for Disease Control and Prevention then implemented a moratorium, but the Supreme Court blocked it, contending that the ban was unlawful.

The eviction moratorium has since been a hot button issue in Washington. When the eviction originally expired, a number of progressive lawmakers, led by Rep. Cori BushCori BushOmar to accept award Saturday as American Muslim Public Servant of 2021 House progressives urge Garland to intervene in ex-environmental lawyer Steven Donziger's case The real 'threat to democracy'? Pols who polarize us with their opinions MORE (D-Mo.), camped outside the Capitol to raise awareness for the issue.