In a notice to be published in the Federal Register on March 13, HUD is changing the Interim Final Rule, rescinding the 30-day notice requirement prior to eviction for non-payment of rent to a proposed rule and delaying the effective date until after comments can be reviewed and a final rule issued. As a result of this action, existing rules in place prior to the February 26, 2026, publication of the Interim Final Rule will remain in place indefinitely. HUD indicates it is making this change in response to a lawsuit filed for failing to follow the Administrative Procedures Act (APA) requirements for public notice and comment.
Comments on the proposal to rescind the rule are due April 27, 2026, and can be made here. PHADA will prepare and submit comments in support of the proposed change based on previous comments submitted and highlighting continued Tenant Accounts Receivable (TARs) challenges. PHADA will also highlight the limited impact of this change as long as the similar CARES Act provision remains federal law.