Rule2026-04990
Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent; Indefinite Delay of Effective Date
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
In this document, HUD delays the effective date of the interim final rule published on February 26, 2026, which set an effective date of March 30, 2026, until after HUD issues a final rule in response to received comments. HUD will now treat the interim final rule as a proposed rule.
Full Text
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<title>Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026)</title>
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[Federal Register Volume 91, Number 49 (Friday, March 13, 2026)]
[Rules and Regulations]
[Pages 12301-12302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04990]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 247, 880, 882, 884, 886, 891, and 966
[Docket No. FR-6529-N-02]
RIN 2501-AE14
Revocation of the 30-Day Notification Requirement Prior to
Termination of Lease for Nonpayment of Rent; Indefinite Delay of
Effective Date
AGENCY: Office of the Secretary, U.S. Department of Housing and Urban
Development (HUD).
ACTION: Interim final rule; delay of effective date.
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SUMMARY: In this document, HUD delays the effective date of the interim
final rule published on February 26, 2026, which set an effective date
of March 30, 2026, until after HUD issues a final rule in response to
received comments. HUD will now treat the interim final rule as a
proposed rule.
DATES: As of March 13, 2026, the effective date of the interim final
rule published in the Federal Register on February 26, 2026, at 91 FR
9449, is delayed indefinitely pending consideration of public comments.
FOR FURTHER INFORMATION CONTACT: Scott Knittle, Principal Deputy
General Counsel, U.S. Department of Housing and Urban Development, 451
7th Street SW, Washington, DC 20410; telephone number (202) 402-2244
(this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: On February 26, 2026, HUD published an
interim final rule (91 FR 9449) revoking a 2021 interim final rule (86
FR 55693) and a 2024 final rule (89 FR 101270) that required public
housing agencies and owners of properties receiving project-based
rental assistance to provide certain tenants with at least 30-days'
notification prior to termination of lease for nonpayment of rent. The
2026 interim final rule solicited comments to be submitted by April 27,
2026, and was to become effective March 30, 2026.
Under section 705 of the Administrative Procedure Act (APA),
``[w]hen an agency finds that justice so requires, it may postpone the
effective date of action taken by it, pending judicial review.'' 5
U.S.C. 705. On March 2, 2026, a complaint was filed in the U.S.
District Court for the District of Columbia challenging the interim
final rule.\i\ In key part, the complaint alleges that the interim
final rule will negatively impact a number of HUD-assisted tenants and
will cause irreparable harm to them. The complaint also alleges that
further notice-and-comment was required under 5 U.S.C. 553 and that the
good cause exception to public comment in 5 U.S.C. 553(b)(B) was
inapplicable. In light of the issues currently in litigation, HUD has
determined that justice requires postponing the effective date of the
2026 interim final rule.
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\1\ Jane Addams Senior Caucus, et al., v. U.S. Department of
Housing and Urban Development, et al., 1:26-cv-00718 (D.D.C.).
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HUD is now delaying the effective date of the 2026 interim final
rule until after issuance of the final rule. The final rule will
consider and respond to comments received in response to the interim
final rule. HUD will now treat the interim final rule as a proposed
rule. As the interim final rule will not come into effect until after
the final rule is published and effective, the interim final rule will
necessarily be superseded by the final rule and will never come into
effect. The April 27, 2026, deadline to submit comments is unaltered by
this document.
A delay notice issued under section 705 ``does not constitute
substantive rulemaking . . . and therefore is not subject to notice and
comment requirements.'' See Sierra Club v. Jackson, 833 F. Supp. 2d 11,
28-29 (D.D.C. 2012). Even if the APA's notice and comment requirements
could apply to a stay notice issued under section 705, HUD has
determined that there is good cause to implement this postponement
without notice and comment because it is impracticable to seek comment
when the original March 30, 2026, effective date of the interim final
rule is imminent. Further, soliciting comments on the propriety of
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the extension of the effective date would be ``impracticable,
unnecessary, and contrary to the public interest'' when the purpose of
the extension is to allow for members of the public to submit comments
on the substantive rule before that rule goes into effect.
Scott Turner,
Secretary.
[FR Doc. 2026-04990 Filed 3-12-26; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on March 13, 2026.
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