New 2026 HUD Mixed-Status Proposed Rule Makes Major Changes

By: Tushar Gurjal, Senior Policy Manager

February 26, 2026 – On February 20, HUD published a proposed rule titled “Housing and Community Development Act of 1980: Verification of Eligible Status.” The proposed rule, if finalized, would require certain entities that administer federal rental assistance, including housing agencies, to impose stricter requirements on families composed of both people who have documentation of citizenship and eligible immigration status and people who lack that documentation (i.e., mixed-status families). The following article provides a high-level summary of the proposed rule but NAHRO recommends that interested parties read the text of the proposed rule. Comments for the proposed rule are due on April 21, 2026.

Applicability

The proposed rule applies to federal rental assistance programs covered by section 214 of the Housing and Community Development Act of 1980. These programs include public housing, Section 8 programs (e.g., the Housing Choice Voucher program, Project-Based Rental Assistance, etc.), and Housing Development Grant programs (with respect to low-income units only). The responsible entity is the entity that administers the assistance or administers the restrictions and may be a housing agency, an owner, or another entity depending on the program.

General Requirements

The proposed rule would impose stricter requirements on mixed-status families. In general, a new family would not be eligible for assistance (even at a prorated amount) unless every member of the family in the unit has eligible status (i.e., documentation of being a citizen, being a U.S. national, or an eligible immigrant). In some instances, a family that was receiving assistance on June 19, 1995 may be eligible for continued assistance. If a family is not eligible for continued assistance, it may be eligible for a temporary deferral of termination of assistance at a prorated amount. Additionally, a family with at least one eligible family member may receive prorated assistance pending verification of the other family members (housing agencies, unlike other responsible entities, may elect to provide assistance before one eligible family member has been verified).

Under the proposed rule, certain documentation would be required to verify eligible status. For U.S. citizens, this would be composed of 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. The declaration would be signed under the penalty of perjury for each person irrespective of the age of the person, though for each child, it would be signed by an adult who is responsible for the child. The verification form would need to be signed by each family member irrespective of age, though for each child, it would be signed by an adult who is responsible for the child. The verification form must state that evidence of citizenship will be reviewed by the responsible entity and that this evidence may be released by the responsible entity to HUD or the Department of Homeland Security (DHS) to verify eligible status. Evidence of eligible status must only be released for purposes of verifying the individual.

Notification of Requirements Timeline

The proposed rule includes certain requirements for the notification of the documentation requirements. Applicants to a program must be given notice at the time of application. Tenants would need to be given notification of the documentation requirements within 30 days of the effective date of the final rule. The proposed rule discusses the form and content of this notice.

Timeline to Submit Evidence

The proposed rule states that evidence of eligible status must be submitted to the responsible entity at certain times. Applicants must submit evidence of eligible status not later than the responsible entity anticipates or has knowledge of other aspects of eligibility (i.e., applicants must submit evidence of eligible citizenship or immigration status at the same time they submit other evidence of eligibility for the program). For current tenants, the timeline will differ depending on whether the family is a mixed-status family or not. For current mixed-status families, members of the household who have not already submitted evidence of eligibility must do so within 90 days of the effective date of the rule. All other families must do so at the next annual examination or interim reexamination.

To summarize, any current tenant who has not verified their eligible status in a mixed-status family (e.g., people who do not currently contend their status) would need to do so within 90 days of the effective date, while, for a family that is not a mixed-status family, individuals who had previously self-certified their eligibility but have not submitted evidence of eligible status (e.g., citizens who were not previously required to submit evidence beyond a signed declaration) would need to do so at their next annual examination or interim reexamination.

There are certain other instances when individuals would have to submit evidence of eligible status according to the proposed rule. For any family members that are later added to the household, evidence must be submitted not later than the responsible entity anticipates or has knowledge of other aspects of eligibility. Changing programs requires submittal of evidence of eligible status unless the family has already provided it. The proposed rule states that there’s a one-time evidence requirement, but, moving forward tenants would also be required to inform the responsible entity of any changes in eligible status and submit appropriate evidence of new status.

Extensions

In certain scenarios, extensions for verification of eligibility must or may be given under the proposed rule. An extension must be given when a family member signs a required declaration and verification consent form and certifies evidence to support that eligible status is temporarily unavailable, additional time is needed, and that prompt and diligent efforts will be made to obtain the evidence. Extensions may not exceed 30 days. A grant or denial of extension must be in writing. The written extension should include the length of the extension and, if denied, the reason for the denial. Failure to submit evidence within the extension time period must result in the responsible entity denying assistance, terminating assistance, continuing assistance (in the very limited cases where this is allowed—i.e., when the family was receiving assistance on June 19, 1995), or temporarily deferring termination.

Verification Process

Under the proposed rule, housing agencies may elect to provide assistance before verification is complete (though other responsible entities may not until at least one individual in the household is verified). The primary verification method is the Systematic Alien Verification for Entitlements (SAVE) system. If the SAVE system is unable to verify eligible status, then the responsible entity must provide notice of opportunity to provide additional information for the purposes of secondary verification. The notice must be in writing, must notify the person of the result of primary verification and the need for secondary verification, identify acceptable documentation, and notify the person of the ability to pursue a records correction with any agency that maintains documentation relevant to verification. If secondary verification fails, the responsible entity must notify the family they have a right to a hearing.

Acceptable Documentation

The proposed rule discusses acceptable documentation for purposes of secondary verification. Acceptable documentation for citizenship includes the following:

• U.S. birth certificate;
• Naturalization certificate;
• Consular report of birth (FS-240);
• Valid, unexpired passport;
• Certificate of citizenship; or
• Other acceptable documentation as specified in HUD guidance.

Acceptable documentation of eligible immigration status is a document designated by DHS as acceptable evidence of immigration status of the categories set forth in section 214 for the specific immigration status claimed by the individual. The responsible entity must view the original or certified copies of the documents and must retain copies of those documents, while returning the original or certified copies to the family.

Delay, Denial, Reduction or Termination of Assistance

The proposed rule gives several examples when assistance to a family must or may not be delayed, denied, reduced, or terminated. For example, assistance may not be delayed, denied, reduced, or terminated when a family member who is determined to have an ineligible status has moved from the unit. Consult the text of the proposed rule for a full listing of these scenarios. The proposed rule also states what a notice of denial must include and notes that a request for a hearing must be made within 30 days of receipt of the notice of denial. The proposed rule also notes that the responsible entity must retain certain documentation for five years.

Continued Assistance

In certain instances, a mixed-status family may continue to receive prorated assistance if they were receiving assistance under section 214 covered program on 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. These time periods do not apply to families that include an individual admitted as a refugee or seeking asylum.

A statement on the proposed rule by NAHRO’s CEO may be found here.

The regulatory impact analysis of the proposed rule may be found here.

The proposed rule may be found here.