Tenants and Housing Orgs Successfully Block HUD’s Unlawful Attempt to Eliminate Protection From Rapid and Unfair Evictions
HUD Put Its Harmful and Illegal Interim Final Rule on Hold Indefinitely, Now Obeying the Mandatory Federal Rulemaking Process
WASHINGTON, DC—Tenants and housing justice organizations today celebrated after successfully blocking an Interim Final Rule by the U.S. Department of Housing and Urban Development (HUD) that, if unchallenged, would have resulted in rapid and unfair evictions of the country’s poorest tenants. On March 2, Jane Addams Senior Caucus, North Carolina Tenants Union, Maryland Legal Aid, and Lisa A. Sadler, a Section 8 tenant, sued HUD over the Interim Final Rule. As a result of the litigation, HUD announced that its Interim Final Rule would never go into effect, indefinitely delaying the harmful changes. The National Housing Law Project, the Legal Aid Society of Eastern Virginia, and Debevoise & Plimpton LLP, who represent the plaintiffs, have voluntarily dismissed the case without prejudice.
“HUD’s decision to keep critical eviction protections in place indefinitely is a victory for us and all poor and working families and seniors who live in HUD-subsidized housing. HUD should prioritize preventing evictions, not expediting them. For now, tenants who live in places with eviction laws that provide for little to no notice can breathe a sigh of relief,” said plaintiffs and co-counsel. “While HUD is continuing its effort to rescind eviction protections, it must consider public comments and complete the full rulemaking process before any change becomes effective. Though the agency is now using a different process, we still intend to challenge any illegal effort by HUD to make it easier to evict tenants unnecessarily.”
The 2024 Eviction Prevention Rule requires landlords to give notice to some HUD tenants at least 30 days before filing an eviction for the nonpayment of rent, and allow tenants to pay any balance owed during that period. It also requires that HUD tenants receive an itemized statement showing what they owe, and critical information about how to lower their rent portion if it is unaffordable to them. The rule ensures tenants receive adequate notice of what they allegedly owe, that they are not evicted due to the housing authority or owner’s miscalculation of their rent, and that they have adequate time to pay off any legitimate balance and remain housed.
Read HUD’s revocation of the Interim Final Rule.
Read the full text of the complaint and motion for preliminary injunction.
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The National Housing Law Project’s mission is to advance housing justice for poor people and communities. We achieve this by strengthening and enforcing the rights of tenants and low-income homeowners, increasing housing opportunities for underserved communities, and preserving and expanding the nation’s supply of safe and affordable homes.
Legal Aid Society of Eastern Virginia (LASEV) provides civil legal representation in federal and state courts to indigent residents throughout the Hampton Roads and Eastern Shore region. LASEV’s mission is to promote the equal application of justice and to remove barriers to fairness for low-income and vulnerable families. In furtherance of that mission, LASEV addresses both individual client needs and systemic injustices that perpetuate poverty and inequality. LASEV’s practice areas include, among others, landlord-tenant disputes, consumer protection, public benefits, domestic violence, family law, estate planning, education-related matters, and civil rights and discrimination cases.
Jane Addams Senior Caucus (JASC) is a power building 501c3 that supports the leadership of Chicago-area seniors and tenant families to transform their housing and communities. We cross neighborhood, racial, religious, and socio-economic lines to find common ground upon which to act on our values: a world where all can age with dignity and safety, free of ageism, racism, and other forms of oppression.
Established in 1911, Maryland Legal Aid is a statewide nonprofit 501(c)(3) law firm that advocates with and for Marylanders experiencing poverty to achieve equity and social justice through free civil legal services, community collaboration, and systemic change. From its 11 offices across the state and through its many community-based clinics, Maryland Legal Aid helps clients preserve and access safe and affordable housing; maintain custody of their children and be safe from domestic violence; and increase their economic security by defending against consumer debt, including foreclosures and tax sales, removing barriers to employment, and accessing critical income supports such as Medicaid, SNAP, unemployment, and other vital public benefits. In its advocacy, Maryland Legal Aid seeks to change systems that perpetuate poverty and inequity.