HUD previously announced a rule that would eliminate the federal 30-day notice requirement before terminating a lease for nonpayment of rent. However, HUD has now delayed the effective date of that rule indefinitely while the Department reviews public comments and ongoing legal challenges.

On March 12, 2026, HUD published a document in the Federal Register titled “Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent; Indefinite Delay of Effective Date.”

This changes the implementation timeline of the earlier Interim Final Rule (RIN 2501-AE14) that would have eliminated the federal 30-day notice requirement for nonpayment of rent in Public Housing and Project-Based Rental Assistance (PBRA) programs.

The rule was originally scheduled to take effect March 30, 2026, but HUD has now delayed the effective date indefinitely while it reviews public comments and considers legal challenges related to the rulemaking process.

HUD has stated that the previously issued interim final rule will now be treated as a proposed rule, and a separate final rule will be issued after the comment period is completed.

If finalized as originally proposed, the rule would:

• Remove the federal 30-day notice requirement for eviction due to nonpayment of rent.
• Return to pre-2021 interim final rule timelines, including:
  • Public Housing: Minimum 14 days’ written notice
  • PBRA Programs: Notice based on lease terms and state or local law
  • Section 8 Moderate Rehabilitation: 5 working days’ notice
• Remove certain federal requirements regarding the information included in termination notices.

HUD indicated the delay is partly due to litigation challenging the agency’s use of the “good cause exception,” which allowed HUD to publish the interim rule without the standard notice and comment rulemaking process.

Because of this delay, the current policies remain in place until HUD publishes a final rule. Housing providers are encouraged to monitor HUD updates and continue following existing notice requirements and applicable lease terms and state or local law.

Public comment closed on: April 27, 2026