NEW: HUD Proposed Rule on Verification of Eligible Status

HUD has issued a proposed rule that, if adopted, would require all household members in the Housing Choice Voucher Program to have verified eligible immigration status in order for the household to continue receiving assistance.

This is only a proposed rule and nothing has changed at this time.

Current eligibility rules remain in effect, and mixed-status families will continue to receive prorated assistance under existing regulations.

The proposed rule titled “Housing and Community Development Act of 1980: Verification of Eligible Status was published by HUD on February 20, 2026 The proposed rule, if finalized, would require housing authorities to verify U.S. citizenship and eligible immigration status of all family members in a housing unit receiving rental assistance from any federal housing programs, in order for the family to receive continued rental assistance.   

General Requirements of the Proposed Rule

  1. Changes to Eligibility for Prorated Assistance

Prorated assistance provides rental assistance for all eligible members of the family, but not for the ineligible family members.  Currently, HUD requires that all households have at least one household member with eligible immigration status. If a household has some members with eligible status, and some members without eligible status, HUD describes these as “mixed status” households. Mixed status households received partial, or “prorated” rental assistance. For example, if a family has 1 eligible member and 1 ineligible member, current proration rules allow the family to receive half (50%) of the normal amount of rental assistance, prorated for the number of eligible persons. 

If the Proposed Rule is finalized, mixed status households would no longer be eligible for prorated assistance.  If any members of the assisted family do not have eligible status (i.e., documentation of being a citizen, being a U.S. national, or an eligible immigrant), the family would not be eligible for continued prorated assistance.  That means that if the rule is finalized in the currently proposed form, mixed status households would have to choose to either remove household members that do not have eligible immigration status, or the entire household would lose their rental assistance.

The proposed rule allows continued assistance for some families who have been on the program since 6/19/1995.

If a family is not eligible for continued assistance, the proposed rule would potentially allow for a temporary deferral of termination of assistance.    

If HUD enacts these changes, the Housing Authority will work with affected families to identify whether or not they are eligible for continued assistance or deferral of termination.

  • Changes to Verification of Eligibility

Under the proposed rule, certain documentation would be required to verify eligible status. U.S. citizens and U.S. nationals would submit a signed declaration and a signed verification consent form. For noncitizens, documentation would include a signed declaration of eligible immigration status; acceptable documentation of eligible immigration status; and a signed verification consent form.

  • Continued Assistance

In certain instances, a mixed-status family may continue to receive prorated assistance if they have been receiving federal rental assistance since June 19, 1995.

  • Temporary Deferral of Termination of Assistance

A mixed status family may be eligible for temporary deferral of termination of assistance, if necessary, to permit the family additional time for the orderly transition of family members with ineligible status to other affordable housing. The initial deferral period may not exceed six months, while the total aggregate deferral period may not exceed 18 months.

  • Housing Authority Position on the Proposed Rule

The Housing Authority opposes the Proposed Rule. We have submitted a formal letter of opposition (insert link).  

  • Current Status of the Proposed Rule

The proposed rule has a 60-day public comment period, with comments due April 21, 2026. 

The Housing Authority will keep this website updated with any new information on the status of the proposed rule.

  • Additional Resources