All about HUD’s Eviction Protection Grant Program

In 2020, as part of the omnibus relief/budget bill, Congress provided funding to the Office of Housing and Urban Development (HUD) to make grants for the following purpose:

competitive grants to nonprofit or governmental entities to provide legal assistance (including assistance related to pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants at risk of or subject to eviction: Provided further, That in awarding grants under the preceding proviso, the Secretary shall give preference to applicants that include a marketing strategy for residents of areas with high rates of eviction, have experience providing no-cost legal assistance to low-income individuals, including those with limited English proficiency or disabilities, and have sufficient capacity to administer such assistance: Provided further, That the Secretary shall ensure, to the extent practicable, that the proportion of eligible tenants living in rural areas who will receive legal assistance with grant funds made available under this heading is not less than the overall proportion of eligible tenants who live in rural areas.

From 2020 to 2024, Congress put a total of $80 million into what is called the Eviction Protection Grant Program (EPGP).

In 2021, HUD announced the first set of grantees, which allocated the first $20 million to 10 different legal services organizations for awards ranging from $1 million to $2.4 million.  In 2022, HUD announced the second set of grantees, which allocated the second $20 million to 11 different legal services organizations for awards again ranging from $1 million to $2.4 million.  In June 2024, HUD announced a Notice of Funding Opportunity (NOFO) for the third (FY23) and fourth (FY24) pots of $20 million each.  About right to counsel, the NOFO noted that “Right to counsel programs are codified guarantees that all tenants, or a defined class, must receive representation in eviction proceedings. Seventeen cities, four states, and one county have enacted right to counsel legislation, and over 60 cities expanded representation access as of fall 2023.  Studies consistently find that represented tenants are more likely to remain in their homes and less likely to suffer collateral consequences of an eviction record.  Further, jurisdictions are seeing cultural shifts in courts and improved interactional and informational outcomes, such as judges discussing rights and options with tenants.”  In January 2025 HUD announced the 21 grantees for the FY23 and FY24 funding.

In December 2024, HUD released an interim report that examined the first 21 grants in terms of populations served, challenges to implementation, and success stories.  Then, in January 2025 HUD released a preview of the final report on the 21 grants.  The final report noted that only 28% of those who were served by EPGP received full representation, and that public housing tenants, tenants denied rental assistance, tenants with limited English proficiency, and tenants in rural areas were more likely to be given full representation.  Additionally, 80% of tenants receiving full representation “experienced preserved tenancy, prevented eviction filings, or negotiated settlements”, while for brief services, outcomes were unknown for 57% of the cases.  For those where the outcome was known, only 35% had their tenancy preserved while 7% prevented an eviction filing.  The report also discusses implementation challenges and makes recommendations for future EPGP grants.