What Does HUD’s Decision To Revoke its 30-Day Notice Requirement Mean?
UPDATE: March 12, 2026 - From the National Leased Housing Association, March 12, 2026 - HUD will publish an interim final rule tomorrow in the Federal Register, indefinitely delaying the effective date of the interim final rule, revoking the 30-day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent rule. The interim final rule, published on February 26, 2026, was slated to become effective March 30, 2026. HUD will now treat the interim final rule as a proposed rule, which will only be effective after public comment and the publication of a final rule. In announcing the delay, HUD cited recent litigation challenging the interim final rule. From the National Leased Housing Association
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On February 26, 2026, HUD announced it released its interim final rule rescinding the CARES Act’s 30-day notice requirement for project-based rental assistance (PBRA) and public housing agencies (PHA). HUD’s rule becomes effective on March 30, 2026.
Good news? Not really. First, HUD’s rule doesn't apply to market-rate housing. It only applies to PBRA’s and PHA’s. Second, HUD’s rule doesn’t change federal law; therefore, the CARES Act remains the law.
Landlords must keep in mind that this is only a HUD rule—much like a similar decision issued by Fannie and Freddie earlier—it does not repeal the CARES Act.
As I write this blog post, the CARES Act is still the current federal law. Eviction courts can still dismiss your eviction lawsuit if you choose to serve a 5-Day or 14-Day Notice for a tenant’s failure to pay rent instead of a 30-Day Notice, if your rental property is a “covered” dwelling. While Iowa’s Supreme Court ruled that the CARES Act no longer applies in their state, Wisconsin has not.
This is worth repeating again:
HUD’s rule does NOT apply to market-rate housing.
HUD’s rule does NOT repeal the CARES Act.
Until new legislation officially ends the CARES Act, landlords should continue issuing the 30-day Notice if their rental property meets the definition of a “covered” property. Only Congress can end the CARES Act - until then, compliance is the safest route.
FYI, it appears that legislation was proposed in 2025 to end the CARES Act.
T
