A New Rule from HUD Offers Further Protections for Renters in HUD Properties

The U.S. Department of Housing and Urban Development (HUD) has passed an interim rule requiring landlords to provide information on Emergency Rental Assistance Programs (ERA) on all 30-day notices of eviction for nonpayment of rent.

The rule went into effect on Monday, November 8th. All eviction notices at covered properties must provide specific information about the local ERA program, which makes funding available to assist households that are unable to pay rent or utilities due to COVID-related difficulties.

All HUD tenants are already entitled to a 30-day notice prior to termination or eviction, including public housing, project-based section 8, and voucher tenants. The interim rule that went into effect on Monday, November 8th expands the notice requirement for public housing and project-based section 8 tenants to include notice of the availability of emergency rental assistance. The rule presently does not cover voucher tenants.

Congress authorized the U.S. Treasury’s Emergency Rental Assistance program at the end of 2020 and initially set aside $25 billion to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic (ERA1). The American Rescue Plan added another $22 billion to the program (ERA2). The City of New Orleans has received $27.4 million directly from the Treasury under ERA1 and ERA2 and anticipates receiving at least $14 million more from the State for rental assistance in Orleans Parish. Eligibility is based on the following:

  • Households with an income at or below 60 percent of the area median income (AMI) which is approximately $42,000 for a family of four;
  • Households that have experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; and
  • Households that are at risk of experiencing homelessness or housing instability

More information and the online application can be found here.

Renters must apply through their local parishes in Caddo Parish, Calcasieu Parish, East Baton Rouge Parish, Jefferson Parish, Lafayette Parish, Orleans Parish, and St. Tammany Parish. Renters living in any other parish are eligible for the statewide program, which has already paid $45.5 million in rent and utility assistance. Information and applications can be found here or by calling 877.459.6555. 

If you are facing eviction or have specific questions on this new HUD rule, please reach out to us at (504) 596-2100.

Posted by Malcolm Phillipson 11/15/2021and categorized as Blog, News, Uncategorized