HUD Proposes Expanded Verification Requirements for Citizenship and Eligible Immigration Status

The U.S. Department of Housing and Urban Development (HUD) has released a proposed rule that would significantly update how Public Housing Agencies (PHAs) and owners verify citizenship and eligible immigration status under Section 214 of the Housing and Community Development Act of 1980. The proposal aims to bring HUD’s regulations into closer alignment with statutory requirements and modernize verification processes by leveraging DHS’s Systematic Alien Verification for Entitlements (SAVE) system.

Under the proposed rule, all applicants and tenants—regardless of age—would be required to submit documentation verifying either U.S. citizenship or eligible immigration status. This marks a major change from current regulations, which allow individuals to “not contend” their status and exempts certain elderly individuals from documentation requirements. HUD states that eliminating these exceptions will ensure that federal housing assistance is directed only to households with verified eligible status.

The rule would also revise how prorated assistance is used. While prorated assistance would continue to be available, it would become strictly temporary, used only while verification is pending or in specific preservation‑assistance circumstances defined by statute. HUD notes that advances in SAVE technology—where most verifications are near‑instantaneous—mean long‑term prorated assistance should no longer be necessary.

Other major updates include:

• A requirement for all family members to sign both a declaration and a verification consent form.
• New procedures for primary (automated) and secondary (document‑based or SAVE‑assisted) verification of citizenship and immigration status.
• Updated notification requirements to ensure tenants understand what documentation is needed and how their assistance may be affected.
• Clarified provisions for preservation assistance, including continued assistance for certain long‑term mixed‑status families and temporary deferral of termination when needed for an orderly transition.
• Updated definitions and removal of references to obsolete programs and outdated INS processes.

How to Submit Comments

HUD is seeking public feedback on the proposed rule. Comments must reference Docket No. FR‑6524‑P‑01 and be submitted by the deadline listed in the Federal Register.

You may submit comments using either method:

1. Online – HUD strongly encourages electronic submission through the Federal eRulemaking Portal:
   www.regulations.gov
2. By Mail –
   Regulations Division, Office of General Counsel
   U.S. Department of Housing and Urban Development
   451 7th Street SW, Room 10276
   Washington, DC 20410‑0500

All properly submitted comments will be made available for public review. Due to security requirements, in‑person review at HUD Headquarters requires an appointment.

Who to Contact for Questions

For program‑specific questions, HUD directs inquiries to:

• Multifamily Housing Programs:
Jennifer Larson, Director, Office of Multifamily Asset Management and Portfolio Oversight
(202) 402‑7769

• Public Housing & Housing Choice Voucher Programs:
Todd Thomas, Acting Deputy Assistant Secretary, Office of Public Housing and Voucher Programs
(202) 731‑1442

Individuals who are deaf, hard of hearing, or have speech disabilities may use telecommunications relay services as described by the FCC.