Introduce “Respect State Housing Laws Act” to End Federal Eviction Notice Requirement, Return Responsibility to States
FEBRUARY 7, 2025—U.S. Senators Cindy Hyde-Smith (R-MS) and Bill Hagerty (R-TN) have introduced legislation to restore the right of states and localities to regulate eviction policies by striking a federal pandemic-era requirement that continues to roil the rental market years after the national health emergency ended.
PHADA Trustees Seek Repeal of 30-Day Notice Final Rule
During the committee and Board of Trustees meetings held at PHADA’s 2025 Commissioners’ Conference, January 4–8, 2025, PHADA Trustees moved to formally send a request to HUD, the new Administration’s transition team, and Congressional leaders to withdraw or repeal HUD’s 30-day notice final rule. For background, see “HUD Issues Final 30-Day Notice Rule,” in the January 1, 2025, Advocate.
A reprint of PHADA’s letter, which highlights member concerns, is available here.
The Respect State Housing Laws Act (S.470) would strike a section of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 that continues to require landlords and property owners to issue a 30-day notice to vacate (NTV) before filing to evict a tenant for nonpayment of rent. Prior to the CARES Act federal mandate, NTV requirements were set on a state-to-state basis with an average eight-day notice.
“Landlords and property owners have been under significant stress since the federal government inserted itself into the realm of state and local housing regulations. We must acknowledge that precautions enacted during a long-ended national emergency were never meant to last forever, and that couldn’t be truer for the federal 30-day notice to vacate rule. It’s well past time to eliminate rule,” said Hyde-Smith, chair of the Senate Transportation, Housing and Urban Development Appropriations Subcommittee.
Unlike the now-lapsed temporary 120-day eviction moratorium created in the CARES Act for properties financed or backed by the federal government, the CARES Act did not sunset the separate 30-day NTV rule.
As a result, the 30-day NTV mandate continues to sow confusion in the courts due to conflicting federal and state requirements, while landlords continue to lose rent revenue during the prolonged notice period. The rule subjects many tenants to experience deeper financial straits due to multiple late rent payments and accruing late fees.
Despite these drawbacks, Biden’s Department of Housing and Urban Development in mid-December announced a final rule requiring public housing agencies and owners of properties receiving project-based rental assistance to provide written notices at least 30 days prior to a tenant eviction for nonpayment.
U.S. Congressmen Barry Loudermilk (R-GA) and Vicente Gonzalez (D-TX) introduced a House companion measure (HR.1078).
The Respect State Housing Laws Act is supported by the Mississippi Apartment Association, National Apartment Association, Council for Affordable and Rural Housing, Institute of Real Estate Management, Manufactured Housing Institute, National Affordable Housing Management Association, National Association of Home Builders, National Association of Residential Property Managers, National Leased Housing Association, National Multifamily Housing Council, and the Public Housing Authorities Directors Association.
Hyde-Smith and Hagerty cosponsored similar legislation offered by former U.S. Senator Marco Rubio (R-FL) in previous congressional sessions.