National Apartment Association Article:
HUD, USDA Revoke 30-Day Notice Rules
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Learn more about what this means for industry operators.
By Ben Harrold | February 25, 2026 | Updated February 26, 2026
4 minute read
Update (2/26/2026): Shortly after the U.S. Department of Housing and Urban Development (HUD)’s release of their interim rule revoking their 30-day notice requirement, the U.S Department of Agriculture (USDA) issued a similar rule under their jurisdiction. The following article has been updated to reflect the USDA’s rule.
HUD Announces Rule
On February 25, 2026, the U.S. Department of Housing and Urban Development (HUD) released its unpublished interim final rule ending the requirement to provide a 30-day notice before termination of lease in project-based rental assistance (PBRA) properties and for public housing agencies (PHAs). This rule will become effective 30 days after the date it is published in the Federal Register, currently slated for February 26, 2026.
In finalizing this rule, HUD is revoking its 2021 interim final rule and 2024 final rule that require PHAs and owners of PBRA housing to provide a 30-day notice before termination of lease for nonpayment of rent in covered housing. Notice requirements will return to pre-2021 rule notice requirements, which include timelines for certain HUD-assisted housing programs.
In the rule, HUD explains that the 30-day notice requirement laid out in its 2021 interim final rule was intended to allow time for eligible residents to access Emergency Rental Assistance during the COVID-19 pandemic. The 2024 final rule expanded this requirement beyond national emergencies and specified that affected programs included Section 8 Project-Based Rental Assistance, Section 202/162 Project Assistance Contract (PAC), Section 202 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 811 Project Rental Assistance Program (811 PRA) and Senior Preservation Rental Assistance Contract Projects (SPRAC).
This rule removes provisions requiring PHAs and PBRA owners to include certain information in their notice to tenants of lease termination for nonpayment and language that prohibited PHAs and PBRA owners from providing tenants with a notice of termination prior to the day after the rent is due according to the lease. Importantly, this interim final rule eliminates the HUD Secretary’s discretion to prescribe information that must be included in notices to tenants in the event of a Presidentially declared national emergency.
In response to the announcement, NAA President & CEO Bob Pinnegar shared in a HUD press release that “for more than five years now, federal intrusion into the highly localized eviction process has only exacerbated myriad housing challenges in communities nationwide—particularly as affordability remains one of the defining issues of our time. Today’s announcement by the U.S. Department of Housing and Urban Development (HUD) is an important step in restoring normalcy and balance to housing operations, replacing a misguided federal 30-day notice requirement for federally backed housing with streamlined, simplified, and consistent guidance. The National Apartment Association (NAA) applauds Secretary Turner for his steadfast leadership and looks forward to our continued work together on our shared goals of boosting housing supply, lowering costs, and easing affordability challenges long-term."
USDA RHS Follows Suit
Announced only a few hours after HUD’s rule, the Rural Housing Service (RHS) -- an agency of the Rural Development (RD) mission area within the U.S. Department of Agriculture (USDA) -- issued a final rule rescinding its requirement to provide at minimum 30 days’ notice before the start of eviction proceedings due to nonpayment of rent in RHS Section 515 and 514 Multi-Family Housing (MFH) properties.
This rule also eliminates the requirement for multifamily borrowers to provide federal rental assistance information during a Presidentially declared national emergency. This rule’s revocation of prior rulemaking becomes effective immediately. In the rule, USDA RHS notes that “longstanding guidelines and regulations in Section 515 and Section 514 MFH tenant recertification process, which predate the 30-Day Notice Final Rule and the CARES Act, protect [tenants in covered housing] from being evicted less than 30 days from receiving notice of non-payment.”
Industry Impact
The National Apartment Association (NAA) is grateful to HUD and USDA for taking swift action to eliminate these outdated policies and for their unwavering commitment to reducing regulatory barriers to providing rental housing and increasing supply. These are decisive victories for the industry’s CARES Act advocacy. These announcements are an important step in the right direction to eliminate federal enforcement of the CARES Act notice; however it is important to note that enforcement of the CARES Act 30-day notice for covered housing is still a matter of legal controversy. NAA members should consult with their local counsel if they have operational questions regarding their internal practices as a result of the agencies’ actions.
NAA will continue its advocacy with Congress and the Trump Administration to ensure the rental housing industry’s voice is heard. The Respect State Housing Laws Act, the industry’s CARES Act fix, must pass to return rightful authority of the landlord-tenant relationship to the states and restore normalcy to rental housing operations. States’ (or localities’) established notice procedure should apply uniformly to all rent-related disputes.
Please stay tuned as AANW FVAA continue to gain even more clarity around this important Interim Rules Revocation. As always, please consult with your own attorney regarding specific legal questions you may have relative to your own circumstances/rental properties.
Here are the two documents referred to above:
Kind Regards,
Apartment Association of Northeast Wisconsin
Fox Valley Apartment Association
