On February 20, HUD proposed a rule in the Federal Register, revising its regulations to require verification of U.S. citizenship or eligible immigration status for all applicants and recipients of assistance under covered housing programs, regardless of age. The rule would eliminate the longstanding “do not contend” option for individuals to “not contend” eligible status of any sort and make prorated assistance a temporary condition pending verification of all family members, rather than an indefinite arrangement. HUD projected that the most significant impact of the rule would be the transfer of assistance from “mixed status” to “fully eligible” households. The proposed rule applies to public housing, Section 8 rental assistance, and the Section 236 program. It would require all participants — including those previously exempt due to age or prior “do not contend” elections — to submit documentation and consent forms for verification through the Department of Homeland Security’s “Systematic Alien Verification for Entitlements” (SAVE) program.

The rule provides that mixed status families would see assistance temporarily prorated while verification is pending, and that responsible entities must notify tenants of these requirements within 30 days of the rule’s effective date. The proposal also removes outdated program references, expands documentation requirements, adds owner reporting duties under Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, updates preservation assistance rules, refines proration methods, and revises informal hearing procedures. HUD stated that the action aligns its regulations more closely with Section 214 of the Housing and Community Development Act of 1980 and with Executive Order 14218, which directs agencies to strengthen eligibility verification systems for taxpayer-funded benefits. Comments on the proposed rule are due by April 21.