Comments Due January 30, 2024
On December 1, 2023, HUD proposed to make permanent the rule requiring a 30-day notice before initiating legal action for non-payment of rent for public housing and PBRA. The proposed rule would also require changes to the lease and the inclusion of specific information on late payment notices for tenants on how to request a change of income rent redetermination, how to request a hardship waiver of minimum rent, and other information.
PHADA urges members to submit comments on the rule before the January 30, 2024, deadline.
PHADA has begun preparing formal comments and will discuss those at the upcoming Commissioners’ Conference in San Diego, January 7–10, 2024, including the Housing Committee meeting on Sunday at 10:50 am. All conference attendees are welcome and encouraged to attend and participate in Committee discussions.
Submit Your Comments Now
Below are several bullet points highlighting primary concerns and likely negative impacts. Members will know what the local impacts will be, and specific examples and/or data should be included in comments whenever possible.
Negative Impacts on Tenants:
- Higher rent arrears for households, which are harder to cure and have a negative impact on tenants’ future housing opportunities.
- Higher levels of unpaid rent, which is lost essential operating revenue not covered by HUD. This will lead to reduced administrative and maintenance services for all tenants and may threaten agency solvency.
- Delays in tenant access to some local emergency rental assistance programs.
- Longer wait times for households on the waiting list.
Negative Impacts on HAs and PBRA Landlords, and by Extension the Local Community:
- The rule would apply only to public housing and project-based rental assistance, but not to vouchers or any other rental units in the market. This will create more confusion for tenants, not less.
- In most cases, an initial filing does not result in an eviction and may be the only way to convince a tenant that they must pay their portion of rent. Our agency already provides information and works with tenants to avoid eviction for non-payment.
- The tenants at our agency know how to contact us if they have a change in income, and we process interim recertifications expeditiously and do not take eviction action in such cases.
- With limited administrative funding and substantial regulatory and compliance demands, our agency does not have the resources to engage in more substantial eviction prevention interventions with tenants.
- Requiring a revision of every lease to include the required information is a substantial administrative burden and cost, diverting attention and resources from other priorities.
- HUD grades public housing authorities on their ability to collect rent, rewarding those with higher rent collections and punishing those with lower rent collections. Limiting the tools agencies can use to collect the rent under governing state and local law undermines HA’s ability to meet this requirement, and sends a confusing message.
- TARs are a problem of great concern at our agency, and making this notice requirement permanent will exacerbate this problem, threatening our ability to function and provide housing to low-income households.
Add your agency’s specific story to your comments! Comments from practitioners carry weight, and HUD specifically asks about HA experience under the Interim Final Rule requirements for a 30-day notice. Please share with HUD how this has negatively impacted your agency and tenants!
Comments are easily submitted online by clicking the Comment box on Regulations.gov. You can also see the notice, supporting documentation, and browse submitted documents on this site.
PHADA looks forward to sharing and gathering additional information in coming publications and conversations, and encourages members to share copies of any submitted comments, and/or any questions and concerns, to: email@example.com, and please use the subject line, “30-Day Notice Proposed Rule.”