HUD Publishes New Guidance on Eviction Requirements for Public Housing and PBRA

On Oct. 7, 2021, HUD published a notice titled “Supplemental Guidance to the Interim Final Rule ‘Extension of Time and Required Disclosures for Notification of Nonpayment of Rent’” Notice PIH 2021-29. This notice serves as additional guidance to an interim final rule that was also published in October. The interim final rule specified that where there is federal funding available due to the declaration of a national emergency, PHAs with public housing and owners with project-based rental assistance (PBRA) must do the following at HUD’s discretion:

  • Provide at least 30 days from the date a tenant receives a notice of lease termination for failure to pay rent before terminating the tenant; and
  • Provide information (e.g., information about how to apply for and receive emergency federal funding) to the tenant as determined by HUD.

This PIH notice provides additional guidance to the requirements of the interim final rule. First, it clarifies the instances in which the rule is applicable. The rule applies to PHAs with a public housing program, including Moving to Work (MTW) agencies, and owners with PBRA. For the purposes of this notice, PBRA is defined as the following (i.e., this notice applies to the following programs):

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Chairwoman Waters Holds Press Conference on Housing Funds in Build Back Better Act

On Tuesday, October 12, Chairwoman Rep. Maxine Waters (D-CA) of the House Financial Services Committee held a press conference on housing funds in the Build Back Better Act. Several members of Congress and housing advocates joined her outside at the House Triangle. During her remarks, Rep. Waters stated:

“There were 13 kids in my family and I can’t even tell you what we went through to try to have decent housing… Housing is needed all over this country – in urban areas and in rural areas – and we intend to fight for it.”  

The representatives who spoke at the press event included Rep. Nydia Velazquez (D-NY), Rep. Nikema Williams (D-GA), Rep. Sylvia Garcia (D-TX), Rep. Steven Horsford (D-NV), Rep. Sheila Jackson Lee (D-TX), Rep. Hank Johnson (D-GA), and Rep. Barbara Lee (D-CA). Each member expressed their support for the proposed housing funds. Rep. Johnson listed a few of the programs that the Build Back Better Act could fund, including:

  • $90 billion for rental assistance (HCV and PBRA)
  • $80 billion for public housing repairs
  • $40+ billion for CDBG and HOME

Congressional leadership is negotiating cuts to the original $3.5 trillion bill. One reporter who attended the conference asked Chairwoman Waters whether she would support cutting the duration of the proposed funds in order to keep them in the package. Waters responded, “I like the idea.” She closed the press conference by chanting “Housing is infrastructure!” with those in attendance. A recording of the event is available HERE on YouTube.

To voice your support for housing funds in the Build Back Better Act, send an advocacy letter from NAHRO’s Action Alert Center. Urge your legislators to keep the proposed housing and community development funds in the final bill.