Hud’s Potential Rollback Of The 30-day Eviction Notice

In February 2026, the U.S. Department of Housing and Urban Development (“HUD”) announced a significant change to the federal rules governing evictions for nonpayment of rent in certain HUD-assisted properties: HUD proposed eliminating the requirement that public housing agencies (“PHAs”) and owners of properties receiving project-based rental assistance (“PBRA”) provide tenants with 30 days’ written notice to come current on a missed rental payment before proceeding with an eviction action to terminate a lease for nonpayment of rent.

Colorado law generally provides for shorter notice periods for nonpayment of rent depending on the type of tenancy, the terms of tenancy, and the type of rental property. In some situations an eviction can be initiated as early as three (3) days after a notice is sent.

However, during the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) implemented an eviction moratorium, halting evictions for 120 days during the pandemic, and established a thirty (30) days’ notice requirement for all properties that are part of a federal program (like Section 8) or have a federally backed mortgage. In 2021, HUD adopted an interim final rule requiring PHAs and owners of certain HUD-assisted properties to provide at least 30 days’ written notification an opportunity to cure the missed rental payment before terminating a tenancy for nonpayment of rent.

The applicability of the CARES Act in a post-pandemic environment was discussed by the Colorado Supreme Court in Arvada Village Gardens, LP v. Garate. The Court ruled that while the eviction mortarium ended, there was no expiration of the federal CARES Act 30-day notice requirement applicable to certain covered properties, and thus, was still in effect. This federal CARES Act preempted Colorado’s shorter notice requirement. In other words, a landlord could not rely on Colorado’s shorter eviction notice period when federal law required 30 days.

HUD explained that its action to roll back the notice requirement is intended to return notice requirements to the rules that existed before the COVID-19 pandemic and allow state and local law to govern the timing of eviction notices.

While this rollback is not in effect, this proposal is significant because it could allow a Colorado landlord or housing authority to proceed under the applicable Colorado notice period rather than automatically waiting 30 days before filing an eviction based upon nonpayment, reducing the period during which a property is generating no rental income while an unpaid balance continues to accrue.

HUD has indefinitely delayed the effective date of its February 2026 interim final rule while it considers public comments. Until HUD’s rule becomes effective, Colorado landlords and property managers should continue following the requirements currently applicable to their property and consider reviewing their eviction procedures to ensure that staff are identifying federally assisted properties before serving a demand for payment or filing an eviction.

For clarity on the type of notice that should be given, Landlords and property managers should seek advice of legal counsel.