HUD Interim Rule Extends Lease Termination Period for COVID-Related Evictions for Housing Providers Using PBRA Programs

Wednesday, October 6, 2021 - 9:00am

The U.S. Department of Housing and Urban Development (HUD), the Office of the Assistant Secretary of Public and Indian Housing, and the Office of the Assistant Secretary for Housing-Federal Housing Commissioner will issue in Thursday’s Federal Register an interim final rule extending the time period housing providers give tenants facing eviction for nonpayment of rent due to complications arising from the COVID-19 pandemic for project-based rental assistance (PBRA) programs. The rule extends the lease termination period for such tenants to at least 30 days following notification for those using Section 8, Section 8 Moderate Rehabilitation, Section 202/162 Project Assistance Contract, Section 202 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 236 Rental Housing Assistance Program and Rent Supplement. The guidance extends the window of time to allow tenants in these programs to be informed about and given the opportunity to secure emergency funding prior to eviction. COVID-19 rental assistance relief is available through two Emergency Rental Assistance (ERA) programs totaling more than $46 billion. The funds are available to those with household incomes at or below 80% of the area median income (AMI). The rule takes effect Nov. 6, which is also the comment due date.

Novogradac’s Emergency Rental Assistance team can assist both grantees and grant recipients navigating the ERA program.