HUD Rescinds 30-Day Eviction Notice Requirement: What That Means in a Post-CARES Act World

By Daniel D. McMahon, Partner, Smith Pauley LLP

March 5, 2026

On February 26, 2026, the U.S. Department of Housing and Urban Development (HUD) issued an interim final rule that rescinds its earlier regulatory requirement for a 30-day written notice before a lease can be terminated for nonpayment of rent in HUD-assisted housing programs. That change becomes effective 30 days after publication in the Federal Register and represents a major shift from pandemic-era policies.

But before calling this a “repeal of the 30-day notice,” it’s important to understand what changed (and what didn’t).

A Return to Pre-COVID Regulatory Standards

Prior to the pandemic, HUD’s regulations set the following minimum notice periods for nonpayment:

·       Public Housing: 14 days’ written notice

·       PBRA (Project-Based Rental Assistance) & PBV: Notice per lease and state/local law

·       Section 8 Moderate Rehabilitation: 5 working days’ notice

HUD’s new rule simply restores those pre-2021 standards and removes the additional informational requirements it had layered onto notices, such as itemized arrearage breakdowns and hardship application information.

For property owners and managers, this means more flexibility to align notice practices with state law and standard lease terms instead of navigating a separate HUD regulatory mandate.

But the CARES Act Still Has Teeth

Here’s the critical nuance: a federal statute outside of HUD’s regulatory reach (the CARES Act) still impacts many HUD-assisted properties.

Section 4024 of the CARES Act requires that owners of covered properties provide tenants with at least 30 days’ notice to vacate before filing for eviction based on nonpayment of rent. That federal requirement did not sunset when the pandemic emergency ended and isn’t tied to HUD’s internal regulations. Courts across the country have consistently interpreted this provision as still binding for covered properties.

In other words: HUD’s removal of its own regulatory 30-day notice requirement does not eliminate the 30-day notice mandated by the CARES Act for covered properties.

For landlords in HUD-assisted and federally financed buildings, that statutory requirement continues to control in most cases.

What Qualifies as a “Covered Property”?

A property is generally considered “covered” under the CARES Act if it meets at least one of these:

·       Participates in federal rental assistance programs (e.g., public housing, Section 8 PBRA, LIHTC)

·       Has a federally backed mortgage (e.g., FHA-insured, VA, USDA, Fannie Mae/Freddie Mac loans)

·       Is financed under USDA rural housing programs

That means most HUD-assisted housing and many multifamily properties with federal financing are still subject to a 30-day notice to vacate requirement before eviction can be pursued. This applies regardless of HUD’s regulatory shift.

What Changed, Practically

So if the CARES Act still generally requires 30 days’ notice, what’s the practical impact of HUD’s rule?

1. HUD Compliance Simpler: Owners and public housing authorities (PHAs) no longer have to tailor notices to HUD’s specific content requirements or wait to serve them only after the calendar day following rent due. Notices can be drafted in accordance with lease terms and state law, so long as they also satisfy the CARES Act.

2. Greater Operational Flexibility: Shorter regulatory minimums (e.g., 14 days in public housing) now technically remain in place under HUD rules, but landlords must still honor the federal CARES Act notice in covered properties. When both statutes and HUD regulations could apply, the statute controls.

3. Fewer Technical Defenses: Removing HUD’s additional notice content requirements reduces a common procedural defense used by tenants, particularly arguments based on missing language or strict HUD formatting. Now disputes will focus more on whether a property is actually covered by the CARES Act and whether the statutory notice was properly given.

What This Means for Landlords

If you manage or own HUD-assisted or federally financed rental property:

·       Do not stop giving 30-day notices for nonpayment unless you have expressly determined the property is not CARES Act covered.

·       Update notice templates to reflect state law and lease language without unnecessary HUD technical language.

·       Confirm whether your property is CARES Act “covered” and, if it is, continue to honor the statute’s timeline before filing eviction.

Bottom Line

HUD has taken steps to roll back regulatory obligations it adopted during the pandemic. That’s meaningful, but it doesn’t override federal law. The 30-day notice requirement under the CARES Act remains in effect for most HUD and federally backed properties. In practice, nothing fundamental changed for eviction timelines in those contexts, but compliance is now simpler and centered more on statutory requirements and state law.

If you have questions about how this rule affects your specific properties or need help reviewing your notice templates and eviction procedures, feel free to contact the team at Smith Pauley LLP. We work with landlords and property owners across the Midwest to bring clarity and compliance to complex housing law matters.