Please find the two subject HUD updates below:
- Housing and Community Development Act of 1980: Verification of Eligible Status
HUD announced its final rule, Housing and Community Development Act of 1980: Verification of Eligible Status. The rule imposes significant new citizenship and immigration-status verification requirements and restricts continued prorated assistance for mixed-status households. The rule is scheduled for publication in the Federal Register on November 12, 2026, and is expected to become effective December 12, 2026.
Key Provisions of the Final Rule
The rule applies to Section 214-covered HUD programs, including Public Housing, Section 8 rental assistance, and certain Section 236 properties. Key changes include:
- Expanded verification: All applicants and assisted household members, regardless of age, must establish U.S. citizenship or eligible immigration status. U.S. citizens must provide a signed declaration, Social Security number, and verification consent; additional citizenship documentation is required when secondary verification is necessary.
- Mixed-status households: The rule eliminates indefinite prorated assistance for most mixed-status families, while retaining limited statutory preservation protections and temporary assistance during applicable verification processes.
- Existing residents: Current households are subject to the requirements. Housing providers must notify affected tenants within 30 days after the effective date. Mixed-status households must submit required evidence within 90 days after the effective date; other existing residents generally may comply at their next annual or interim reexamination.
- Extensions and protections: The final rule permits documentation extensions of up to 60 days and retains applicable verification, hearing, and temporary deferral protections.
NAHMA's Position and Concerns
- NAHMA strongly opposed the proposed rule in comments submitted in April, emphasizing its potential to destabilize affordable housing communities, separate families, and increase costs for property owners, operators, and taxpayers.
- NAHMA highlighted HUD estimates indicating that approximately 79,600 individuals in more than 20,000 mixed-status households could be affected, including approximately 52,600 U.S. citizens and nearly 37,000 children.
- We also raised concerns regarding increased subsidy expenditures, vacancies, turnover costs, administrative workload, and the expectation that housing providers assume responsibilities associated with immigration-status enforcement.
- NAHMA urged HUD to withdraw the proposal or, at minimum, apply any new requirements prospectively to protect existing residents.
Final Rule: NAHMA Concerns Remain
Although HUD extended the allowable documentation period, the final rule retains its most consequential provisions, including application to existing residents and restrictions on ongoing prorated assistance. NAHMA remains concerned that these changes will create substantial compliance challenges.