Housing and Urban Development Rules on Tenants Termination

HUD Final Rule

HUD issued Final Rule in the Federal Register on December 13, 2024, regarding termination of tenancy for non-payment of rent.

Effective January 15, 2025, HUD requires that a 30-day notice to pay be given to the tenant before a judicial eviction is filed due to non-payment of rent. While Kansas law provides for a 3-day notice to pay or quit, the HUD requirement prevails.

In addition, HUD details the requirements of the notice. “All termination notices in cases of failure to pay must include:

 

  • Instructions on how the tenant can cure the nonpayment of rent violation, and include:
  • an itemized amount, separated by month of alleged rent owed by the tenant,
  • any other arrearages allowed by HUD and included in the lease, separated by month,
  • the date by which the tenant must pay the amount of rent owed before an eviction for nonpayment of rent can be filed.”

This means owners may no longer state only the total amount owed but must provide a separate line item for each fee. An example of the itemization follows:

January 2025 – rent $250
January 2025 – late fee $30
February 2025 – rent $350
February 2025 – late fee $30
February 2025 – Repayment agreement $50
Total balance due $710
The 20th annual Kansas Housing Conference will take place this Oct. 27-29 at the

Overland Park Convention Center. This year’s event brings together housing professionals from across the state and region to network, learn, and explore the latest trends and innovations in affordable housing.

Sponsor + Exhibitor registration is open, but space is limited. Reserve your spot today!

The conference hotel room block is open! Reserve your at the Sheraton Overland Park Hotel today! Our hotel block fills up quickly. We will share more information about overflow hotel booking as the Sheraton room block nears capacity. Unused rooms will be released on Oct. 6, 2025.

COMING SOON!

  • General registration opens; conference agenda released | mid-August 2025

Make sure you are subscribed to the conference mailing list for all the latest updates.

Questions? Contact conference@kshousingcorp.org.

Compliance Session Details

Gary Kirkman of US Housing Consultants will offer the following compliance training sessions for housing administrators Oct. 27-29, listed in the left column below. Attendees of these sessions will be provided with digital training materials.

Brandon Bay of US Housing Consultants will offer NSPIRE training sessions on Tuesday, Oct. 28, listed in the right column below. Attendees of NSPIRE training sessions will be provided with digital training materials that will make the class easy to follow.

Compliance Training

Monday, Oct. 27

2:15-3:45 | HOME Final Rule Summary

Gary Kirkman will delve into providing attendees with a brief overview of the HOME Final Rule. Some of the topics to be discussed will include income determinations, rent compliance, handling over-income tenant households, and what changed under verifications. Gary will conclude the session speaking about tenant protections and selection, which HUD delayed under April 20, 2026.

4:00-5:30 | Violence Against Women Act (VAWA) Training

Gary Kirkman will speak on the importance of understanding the Violence Against Women Act (VAWA). Gary will address where we are today as it relates to VAWA, protections under VAWA, key terms of VAWA you’ll want to remember, bifurcation process, and notification of occupancy rights. This session is vital to anyone working with applicants and tenants who have the ability to come in contact with those seeking protections under the law.

Tuesday, Oct. 28

9:00-10:30 | Calculating Income under HOTMA

Gary Kirkman will address how we calculate income to determine eligibility under HOTMA. Some of the topics to be discussed will include the Safe Harbor Income Determination, De Minimis Errors, Child Support/Alimony under HOTMA, student financial assistance for both Section 8 and non-Section 8 recipients, and the handling of in-kind benefits, when applicable. This session is a layered programs training and geared to those who will be determining a household’s eligibility.

10:45-12:15 | Calculating Assets Under HOTMA (Part 1)

Gary Kirkman will address how HOTMA changed the way we handle assets when determining a household’s eligibility. HUD recognizes that all assets fall into two categories, either personal property or real property, but how will that affect what we count as income, when do we need to impute, or how this affects the Asset Threshold (which can change each and every year). Gary will train to assist those working in the industry to determine eligibility for households to leave with a clearer understanding of the ins and outs of HOTMA assets!

2:00-3:30 | Calculating Assets Under HOTMA (Part 2)

Gary Kirkman will address how HOTMA changed the way we handle assets when determining a household’s eligibility. HUD recognizes that all assets fall into two categories, either personal property or real property, but how will that affect what we count as income, when do we need to impute, or how this affects the Asset Threshold (which can change each and every year). Gary will train to assist those working in the industry to determine eligibility for households to leave with a clearer understanding of the ins and outs of HOTMA assets!

3:45-5:15 Conducting Annuals & Interims under HOTMA

Gary Kirkman will tackle the complexity of conducting Annual and Interim Recertifications which changed under HOTMA. Gary will address how income should be calculated for recertifications, when you will be required to conduct interims, and speak about HUD’s non-interim transactions. This session is designed for those working HUD multifamily housing projects and will serve as a review of how HUD looks to see certifications processed for the tenants we serve at our properties.

Wednesday, Oct. 29

9:30-11:00 | Handling Student Eligibility

Gary Kirkman will review student eligibility requirements for our common affordable housing programs (e.g., LIHTC, HUD, Rural Development and HOME). Each of the programs has their own student requirements in order for a household to be eligible for housing, but what happens when management has layered funding at a property? Does one student rule outweigh another’s student requirements? This session will help clear up some of the questions an attendee may have to whether a student reside in a unit or not and be eligible.

11:15-12:45 | The Average income Test Refresher

Gary Kirkman will speak about the Average Income Test (AIT) and the requirements we have to remember when working on those projects where the owner made this very important Minimum Set-Aside MSA) election. Gary will review the two-point test owners/agents have to remember to satisfy AIT, speak about the grouping of units when determining AIT and the Applicable Fraction, and discuss the importance of AIT as it relates to handling non-compliances. This session is designed to be a refresher in this MSA and for those curious to see how units can affect the owner’s ability to claim credits.

Tuesday, Oct. 28 | NSPIRE Training

9:00 a.m.-10:30 a.m. | NSPIRE Chapter 1 Review

This first 90-minute segment includes a breakdown of the origins of NSPIRE, and the differences between UPCS, HQS, and NSPIRE. This includes the breakdown of the new severity ratings; the new pass or fail rating; the applicability of the rules for HCV, PBV, HUD CPD programs; and REAC agency inspections from Multifamily Section 8, Public Housing, and LIHTC. The course then reviews the procedures required to close out findings in REAC’s new online system after REAC Inspection, and the expectations of closeout procedures. We will then discuss new procedures for REAC appeals, consequences for non-compliance, and new oversight processes from both HUD and REAC.

10:45 a.m.-12:15 p.m. | NSPRIE Chapters 2-4 Review

This session will review the NSPIRE standards, following manual chapters 2 through 4 as a guide, including: Fire and life safety standards, and kitchen and bathroom standards. We will then cover how to understand the requirements and the underlying codes that many of these standards are based upon.

2:00-3:30 p.m. | NSPIRE Chapters 5-7 Review

This session will review the NSPIRE standards, following manual chapters 5 through 7 as a guide, including: Interior finishes; guardrails and railings; lighting and electrical standards; and windows and doors. We will then cover how to understand the requirements and the underlying codes that many of these standards are based upon.

3:45-5:15 p.m. | NSPIRE Chapters 8-11 Review

This session will review the NSPIRE standards, following manual chapters 8 through 11 as a guide, including: Mechanical standards; hazards; site and grounds standards; and structural issues. We will then cover how to understand the requirements and the underlying codes that many of these standards are based upon.

Brandon Bay, a Pacific Northwest native and father of two girls, has passionately worked in the Affordable Housing Industry in many capacities over the last 10 years. He is eager to use his knowledge and experience to serve the clients and partners of US Housing Consultants. His journey began as an investor in multifamily properties. Shortly thereafter, he began to develop properties and subsequently founded his own real estate investment, development and holding company in Oregon.

During this time, Brandon worked on all areas of Multifamily housing, and often refers to himself as “Maintenance Guy-CEO”, having truly learned to understand and appreciate all the roles involved in operating Affordable Housing. Brandon is an enthusiastic and engaging trainer. His passion for the sharing of knowledge is self-evident in his presentations. He conducts public and private trainings and also delivers information at industry conferences. He offers open forums with positive interaction, and assures attendees, “There is never a question that doesn’t benefit the entire room.”

Mr. Gary Kirkman has acquired over 18 years of valuable leadership experience within the affordable housing industry and now serves as the Director of Compliance Training for US Housing Consultants. Having started in the industry as a Regional Property Manager, Mr. Kirkman managed Rural Development and HUD properties before being promoted to Training Specialist, where he was responsible for overseeing multiple affordable communities while training personnel on the affordable housing programs.

Kansas Housing Resources Corporation

200 S.W. 6th Avenue | Topeka, KS 66603

[email protected]

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