What Does HUD’s Decision To Revoke its 30-Day Notice Requirement Mean?
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
