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Summary
The U.S. Department of Housing and Urban Development (HUD) proposes to change application and prorated assistance rules for housing assistance programs to require all members of the assisted household to be U.S. citizens or have eligible immigration status. This is a change from the current program regulations, which allow mixed immigration status families to receive prorated assistance.
In what would be a significant shift in the administration of housing assistance, including public housing and Section 8 rental assistance programs, HUD published a proposed rule in the Federal Register on February 20, 2026, to amend 24 CFR Part 5 regulations to change the verification and proration of housing assistance for mixed-status families. The proposed rule would no longer allow prorated assistance to families where one or more members of the household cannot prove U.S. citizenship or eligible immigration status. Prorated assistance for mixed-status families will only be provided while the immigration status of all household members is being verified. HUD is also proposing to no longer allow applicants to select the option to not contest their immigration status. Anyone applying for or currently residing in HUD-assisted housing will have to prove their immigration status, and any individuals found to not have status will be reported to the Department of Homeland Security (DHS).
Currently, HUD regulations allow applicants for housing assistance to select the "do not contend" option permitting applicants or recipients to not confirm their immigration status. Since the individuals are not contending that they have eligible status, there is no verification of their immigration status conducted. Under the current "do not contend" option, a family can still be eligible for ongoing prorated assistance if at least one member of the household is a U.S. citizen or has eligible immigration status. Under the proposed rule, the "do not contend" option is not available, and all members of an applicant or resident household will be required to have immigration status confirmed through the DHS "Systematic Alien Verification for Entitlements" (SAVE) program.
Additionally, under current HUD regulations, applicants aged 62 and older are not required to provide proof of immigration status. The applicant simply must provide a signed declaration and proof of age. The proposed changes to the regulations will discard this exception to the verification process and require all members of the family – both applicants and current residents – regardless of age, to prove immigration status through the DHS's SAVE program.
If the proposed regulatory changes are made final, they will dramatically change who is eligible for housing assistance, as public housing agencies (PHAs) will be forced to terminate mixed-status families from housing assistance programs and evict them from their homes. Families may choose to separate, with members with status remaining in the home. PHAs and owners in areas with higher immigrant populations will be disproportionately impacted, especially as prorated households pay more in rent than families with full status. PHAs and owners can proactively work with their staff, families, and community resources to plan for safe, effective transitions in the event that some or all of the proposed rule is made final.
The Federal Register Notice is available here. Comments can be filed at www.regulations.gov and are due by April 21, 2026. The Ballard Spahr Affordable Housing and Community Development Group will continue to monitor this proposed rulemaking.
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