Federal notice requirements for termination of project-based Section 8 contracts2
• Owner must provide written notice to the HUD Secretary and each tenant (by delivery or
• Owner must serve notice at least one year before termination and one year before
decision to opt out (i.e., if owner originally gave a notice of renewal, tenants must be
served with a one-year notice of owner’s new decision to opt out).
Notice must include a statement of possible renewal and a statement of the residents’
right, if termination occurs, to remain and continually renew leases as long as the
property is offered as rental housing, the PHA continues to find the rent reasonable, and
there is no cause for eviction under Federal, State or local law.
• Notice must contain a clear statement of the owner’s decision to opt out.4
Did the owner give HUD an additional four-month notice prior to opt-out?5
Federal notice requirements for prepayment of a mortgage or termination of an insurance
contract6 (requirements are applicable only if property is “eligible low-income housing”)7
• Owner must provide written notice of intent to the HUD Secretary, each tenant, and the chief
executive officer of the appropriate state or local government.
• Owner must provide notice at least 150, but not more than 270, days before the
prepayment or termination.
State or Local Notice Requirements
Check state and local laws for notice requirements that differ from federal requirements.
Consequences of Noncompliance with Notice Requirements
Federal notice requirements for terminations of project-based Section 8 contracts
The federal statute provides that until the proper notice has been given and one year has
elapsed, the owner cannot evict the tenants or increase their rent payments.8
Federal notice requirements for prepayment of mortgage
The relevant statute does not specify a remedy. If violations occur, advocates should pursue
injunctive relief and damages