From NAA | HUD Announces Rule on Citizenship Verification Status in Subsidized Housing

Proposal could significantly alter compliance responsibilities.

UPDATE (2/20/2026)

On February 20, 2026, U.S. Department of Housing and Urban Development (HUD) published its proposed rule to extend citizenship and immigration status verification requirements to all applicants and recipients of HUD assistance under covered programs regardless of age. Currently, HUD regulations do not require documentation from persons who declare their citizenship.

It’s important to note that the rule is only a proposal at this time and will still need to make its way through the formal federal rulemaking process. Should it become final as is, however, any individual(s) that have not submitted evidence of citizenship or required status would be required to do so within 90 days of the final rule’s effective date. If eligible immigration status cannot be confirmed, HUD rental assistance would be denied or terminated. Learn more about how this proposal would change existing compliance responsibilities below.

Key Takeaways

Under this proposed rule, prorated assistance would become a temporary condition pending verification of eligible status of all family members, where permitted by statute. HUD's current regulations allow prorated assistance for renters, including “mixed status” households, which could continue indefinitely.

The proposal would also require HUD-assisted renters who self-certify to provide a signed declaration of their immigration status, per existing HUD regulation, and a newly required “verification consent form” agreeing to the submission of their information to SAVE, an online immigration verification service for all levels of government. This form “notif[ies] individuals that public housing agencies (PHAs) or owners, as applicable, must inform [the Department of Homeland Security] immediately whenever personnel determine that any member of a household is present in the U.S. in violation of the Immigration and Nationality Act.”

The proposed rule also mandates that if primary and secondary verification do not confirm eligible or ineligible immigration status, PHAs must provide a notice of denial or termination of assistance. HUD’s current regulations state that PHAs must deny or terminate the household’s assistance if the PHA determines that a family member has knowingly permitted a person ineligible for assistance to permanently reside in the family member's assisted unit, and termination must be for at least 2 years. This proposal would eliminate the exemption that allows an occupant who “does not contend” immigration status to reside in a mixed status household’s unit so long as the ineligible person was considered in the calculation for any prorated assistance for the family.

These requirements would apply to financial assistance provided under the following HUD programs:

1. Section 235 of the National Housing Act (12 U.S.C. 1715z) (the Section 235 Program);
2. Section 236 of the National Housing Act (12 U.S.C. 1715z-1) (tenants paying below market rent only) (the Section 236 Program);
3. Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) (the Rent Supplement Program); and
4. The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) which covers: HUD's Public Housing programs, the Section 8 rental assistance programs, and the Housing Development Grant programs (with respect to low-income units only).

What’s Next

The National Apartment Association (NAA) and its members support clear and consistent immigration enforcement that balances the efficient use of government funding while reducing compliance burdens on private housing providers. NAA will provide its comments and submission by the April 21, 2026, deadline for public comments on this rule and seek out other opportunities to activate its advocacy throughout the rulemaking process.

While this rule is still a proposal, please contact your local counsel if you have any questions regarding any compliance obligations.

To learn more about NAA’s regulatory advocacy, contact publicpolicy@naahq.org or register for our monthly Advocacy and Legal Webinar (ALW) series to hear the latest developments.

Original Article (2/11/2026)

In late 2025 and early 2026, the U.S. Department of Housing and Urban Development (HUD) made several announcements seeking to formalize the Trump Administration’s position on verification of citizenship status in assisted housing. These announcements realign the agency’s policies with President Trump’s Executive Order 14218, Ending Taxpayer Subsidization of Open Borders. Learn more about developments that the National Apartment Association (NAA) is closely monitoring.

Key Announcements

In November 2025, HUD posted its notice on Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Public Benefit,” announcing that providers of certain “federal public benefits” must verify that “a person applying for the benefit is a qualified alien and is eligible to receive the benefit.” Building on that announcement, offices within HUD began notifying public housing agencies (PHAs) and housing providers under their purview and reminding them of their responsibilities to verify citizenship or eligible immigration status of federally-assisted households.

Both letters follow a HUD and Department of Homeland Security audit into all renters across HUD-funded housing nationwide which found nearly 200,000 renters requiring eligibility verification, 25,000 deceased renters and 6,000 ineligible noncitizen renters. HUD announced that all PHAs and owners participating in HUD-funded housing have 30 days from the date of their January 23, 2026, letter to take corrective action to address these findings. Follow-up letters notifying housing providers of potential errors and requiring corrective action are being sent. 

What’s Next

These HUD announcements and communications adhere closely to current immigration-related responsibilities, however there are some notable deviations that will likely echo new requirements as set forth in the agency’s forthcoming proposed rule, Housing and Community Development Act of 1980: Verification of Eligible Status (FR-6524). This rule has not been published, nor has it gone into effect. HUD anticipates its release for public comment in the first quarter of 2026. 

NAA’s Perspective 

NAA, in partnership with the national law firm Sheppard, has updated its member resource on immigration enforcement and rental housing. The resource is not a substitute for legal or operational advice, but rather provides our affiliate partners and membership with timely information and education on the topic. Please contact your local counsel if you have any questions regarding any compliance obligations. 

NAA continues its advocacy with the Trump Administration to ensure that the rental housing industry’s voice is heard and represented as HUD considers changes to federal immigration policy. To learn more about our regulatory advocacy, contact publicpolicy@naahq.org.