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Resolution in Support of Keeping the 30-Day Notification Requirements Prior to Termination of Lease for Nonpayment of Rent in Public Housing
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Department: |
City Council |
Meeting Date: |
4/21/2026 |
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Contact Name: |
Councilmember Cassidy Santaguida and Councilmember David Joyner |
Public Hearing: |
No |
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Contact Phone: |
910-341-7820 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution |
PURPOSE:
The purpose of this resolution is to express the comments of the Wilmington City Council in opposition of the proposed United States Department of Housing and Urban Development (“HUD”) rule that would remove the current 30-day notice requirements to public housing tenants prior to initiating eviction procedures for non-payment of rent.
BACKGROUND:
The current eviction procedures in North Carolina were put in place in 2021 as a result of the COVID-19 pandemic to allow residents time to access government-funded pandemic housing assistance. The 2021 rule became final in 2024, and includes a requirement that public housing authorities (“PHA's”) and owners of properties receiving project-based rental assistance (“PBRA's”) provide tenants with a termination notice at least 30 days prior to filing a formal judicial eviction for non-payment of rent. Under the current rule, if the tenant pays the alleged amount of rent owed within the 30-day notice period, a PHA or owner is prohibited from filing an eviction for non-payment of rent. There are also requirements for what information must be included in the notice, including how to cure the lease violation and the amount of rent owed, and the notice cannot be filed until at least a day after the rent is actually due.
HUD has now introduced a rule to restore the regulations to pre-pandemic notice requirements. The proposed new rule was scheduled to go into effect on March 30, 2026, but has now been put on indefinite hold following comments received by the HUD during the rulemaking process. Currently, there is an open public comment period to allow for additional comments prior to any further action on the proposed rule. Due to the potential consequences to safe and stable housing for members of the Wilmington community if the new rule goes into effect, Councilmember Cassidy Santaguida, with support of Councilmember David Joyner, requested this resolution so that City Council can make a formal comment to HUD in support of keeping the current rule providing for a 30-day notice prior to eviction procedures for non-payment of rent.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Passage of the resolution is recommended.