In a proposed rule published on February 20, 2026, the Department of Housing and Urban Development (HUD) proposed a long-anticipated revision to the agency’s “mixed status” rule impacting immigrant families receiving housing assistance.

Under current HUD rules, households receive prorated rental assistance based on the percentage of the household that is a citizen or eligible non-citizen, with the amount of assistance decreasing for each household member who is not eligible (or does not contend to be eligible) based on their immigration status. This approach allows “mixed status” households to live in HUD-assisted housing while the agency continues to only subsidize the rent for eligible household members. Under the proposed change, the rent proration would only be temporary, not permanent, meaning that households with ineligible family members would need to either separate, stop receiving any rental assistance, even for eligible family members, or move out entirely of properties participating in certain HUD programs.

Section 202 PRAC properties are not subject to the immigration-related rules in question, but Section 202/8, Section 8, Section 236, and public housing would be impacted, all of which serve significant proportions of older adult residents. The proposal also newly requires older adults, who currently are only required to provide a signed declaration of eligible immigration status and a proof of age document, to submit immigration documentation and prove that they have eligible immigration status.

Along with further proposed changes, the proposal would also require citizens over age 62 to provide proof of citizenship documents, if they have not already done so. In addition to immigration eligibility impacts, this proposed change could force people out of stable housing due to lack of access to the correct paperwork, which many older adults experience. The change in eligibility requirements could also deprive older adults of informal family caregivers who may be supporting them as they age in community. The current proposed rule is similar to a proposal from the first Trump administration that received strong, bipartisan pushback because of harm to families and children, and the proposal in its first iteration was never finalized.

According to a HUD analysis at the time of the 2019 proposal, as well as an analysis conducted by the non-partisan Congressional Research Service (CRS), the 2019 effort would have displaced over 25,000 families, including 55,000 children. LeadingAge continues to oppose any change to HUD’s current rent-proration policy that would cause older adults and the workforce that cares for them to lose access to stable, affordable housing.

LeadingAge will provide further analysis of the proposed rule, and we will work with our membership to submit comments on the proposal, which are due to HUD within 60 days.