HUD Publishes 2026 Version of Mixed Status Proposed Rule

February 19, 2026 — Earlier today, HUD posted a pre-publication copy of the mixed status family rule titled “Housing and Community Development Act of 1980: Verification of Eligible Status.” The proposed rule, if it were to be finalized in its current form, would require certain entities that administer federal rental assistance, including housing agencies, to impose stricter requirements on families composed of people who have documentation of citizenship and eligible immigration status and people who lack that documentation (i.e., mixed status families).

While NAHRO staff is still in the process of analyzing the proposed rule, here are some of the proposed changes. The proposed rule would require all individuals in a covered program including the Public Housing program, the Housing Choice Voucher program, and certain other community development programs to require proof of eligible status. Family members would be required to submit the proof within 90 days of the effective date of the rule. If a mixed status family did not qualify for continued assistance, the family could be eligible for temporary deferral of termination to permit the family members with ineligible status to move to other affordable housing. This initial deferral period could not exceed 6 months and the aggregate deferral period could not exceed 18 months.

Again, NAHRO will have additional analysis in the coming days. NAHRO’s next Housing Update from Washington on Thursday, February 26 at 1:30 pm ET will discuss the rule in-depth.

Comments for the proposed rule will be due 60 days from the official publication date in the Federal Register.

The pre-publication copy of the proposed rule can be found here.