Scheduled for publication on November 12, 2026, the U.S. Department of Housing and Urban Development (HUD) announced a final rule revising its regulations under Section 214 of the Housing and Community Development Act of 1980. Section 214 limits certain HUD financial assistance to U.S. citizens and specified categories of eligible noncitizens. The rule takes effect December 14, 2026.
Programs Covered
The rule applies to Public Housing, Section 8 (including Housing Choice Vouchers, Project-Based Housing Choice Vouchers, Moderate Rehabilitation, and project-based rental assistance), Section 236 (tenants paying below-market rent only), and Housing Development Grant programs (low-income units only). Compliance falls on public housing agencies (PHAs) and project owners, which the rule calls "responsible entities." Landlords in the tenant-based voucher program are not responsible entities and are not required to verify immigration status.
Key Changes
Verification for everyone. Every family member must now submit evidence of U.S. citizenship or eligible immigration status, regardless of age. The former exemption for individuals 62 and older is removed, as is the option to “not contend” eligible status.
U.S. citizen documentation. U.S. citizens must provide a signed declaration, their Social Security number, and a signed verification consent form. Citizenship documents are required only if secondary verification is needed.
SAVE verification. Responsible entities will verify status through the U.S. Department of Homeland Security's (DHS) SAVE system. If SAVE cannot confirm status, the entity must give written notice, and the individual then has an opportunity to provide documents.
Proration becomes temporary. A family with at least one eligible member may receive prorated assistance only while the other members' verification is pending.
DHS reporting notice. Notices to tenants must state that the PHA or owner must inform DHS when personnel determine that a household member is present in the U.S. in violation of the Immigration and Nationality Act.
Key Implementation Deadlines
|
Requirement |
Deadline |
|
Notice to tenants who have not submitted evidence |
By January 11, 2027 |
|
Current tenants in mixed-status families must submit citizenship and immigration evidence |
Within 90 days of December 14, 2026, or March 14, 2027 |
|
All other existing tenants must submit citizenship and immigration evidence |
At the next annual or interim reexamination after December 14, 2026 |
|
Applicants |
By the date other eligibility factors will be verified |
|
New household members |
By the date the responsible entity verifies other eligibility factors |
|
Citizenship documents after a secondary verification notice |
Within 30 days of the notice |
|
Request for an informal hearing |
Within 30 days of the notice of denial or termination |
Extensions
Responsible entities must grant an extension if the family member submits the required declaration and consent form and certifies that the documents are temporarily unavailable and that prompt, diligent efforts are being made to obtain them. Extensions may total no more than 60 days and must be granted or denied in writing. A mixed-status family may therefore have up to 150 days in total to submit evidence. Evidence for each family member is generally submitted only once during continuously assisted occupancy.
Protections and Transition Assistance
Assistance may not be delayed, denied, reduced, or terminated while verification is pending, and a tenant's assistance may not be terminated before the informal hearing process is complete. Families that do not qualify for continued assistance may be eligible for a temporary deferral of termination, granted in six-month periods up to a total of 18 months.
Refugees and Asylum Seekers
Two of these time limits do not apply to a family that includes an individual admitted as a refugee under section 207 of the Immigration and Nationality Act or an individual seeking asylum under section 208:
- the six-month and 18-month limits on temporary deferral of termination; and
- the requirement to give 60 days’ advance written notice before a deferral period expires.
These families must still submit evidence and complete verification like everyone else.
Next Steps
PHAs and owners should consider updating their admissions and occupancy policies, notices, consent forms, and tenant tracking systems to meet the January 11, 2027, notice deadline and the March 14, 2027, deadline for mixed-status families. In particular, PHAs should be aware that they must establish their own policies and criteria for granting continued assistance or temporary deferrals of termination of assistance. HUD stated in the Notice that it may issue additional implementation guidance. If you have questions about how the rule affects your programs or properties, please contact a member of our team.
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