HUD Proposes Rule to Prohibit Mixed Status Families from Receiving Housing Assistance

On April 17, HUD released a proposed rule that would prohibit “mixed status families” from living in federally subsidized housing covered by Section 214, which includes public housing, all section 8 housing assistance, as well as certain rural development programs. Mixed status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status. The rule would further require all residents under the age of 62 to have their immigration status screened through the Systematic Alien Verification for Entitlements (SAVE) program, which is operated by the Department of Homeland Security.

Currently, housing subsidies of mixed status families under Section 214 are prorated so that ineligible family members do not receive any housing assistance. This permits mixed status families to reside together. This proposal would threaten the housing stability of the thousands of immigrant families that legally reside in public and Section 8 housing.

The proposed rule is currently being reviewed by Congress. From April 17, Congress has 15 days to review and then it will be published in the Federal Register, at which point there will be a 60-day public comment period. Enterprise will respond to the published rule and encourages our state and local partners to also engage on this concerning proposed rule.

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