HUD Withdraws "Mixed Status" Proposed Rule

Regulation | April 02, 2021 | by Juliana Bilowich

HUD has formally withdrawn its "mixed status" proposed rule from 2019, which would have adjusted the way rental assistance subsidy is prorated to households with mixed immigration status.

On April 2, HUD announced that it is withdrawing its "Verification of Eligible Status" proposed rule. Originally proposed in 2019, the "mixed status" proposed rule would have changed the way that HUD rental assistance is prorated to households with a mixed eligible immigration status. 

Instead of continuing to allow mixed status households to live in HUD-assisted housing and prorating the amount of their assistance to cover only the eligible family members, the 2019 proposal would have prohibited aid to the entire household. HUD’s analysis at the time showed that the rule change would cause 25,000 households, including 55,000 children to separate, move to unsubsidized housing, or be evicted.

The rule change would also have impacted HUD-assisted older adults. The proposed rule would have required noncitizens who are 62 years old and older, who currently are only required to provide a signed declaration of eligible immigration status and a proof of age document, to submit immigration documentation. Regardless of their immigration status, the older adult population is less likely to have access to the right paperwork and documents that can verify what the rule deemed an eligible immigration status. HUD’s impact analysis of the proposed rule estimates that 108,000 people would be affected, at least 70% of whom are eligible for HUD assistance.

While the proposed rule would require immigration status verification of all household members under age 62, the housing supports of a primary resident over age 62 could have been terminated if someone in the household under age 62 is found to not meet the proposed rule’s different standards.

The proposed rule was never finalized, and HUD published a Federal Register Notice to formally withdraw it. The withdrawal follows a Presidential directive to review pending proposed rules to determine which should move forward. HUD's withdrawal Notice states: 

"HUD has identified a proposed rule, “Housing and Community Development of Act 1980: Verification of Eligible Status” that is inconsistent with the Executive order entitled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” and the Executive order entitled “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” This document informs the public that HUD has determined not to pursue this proposed rule previously published in the Federal Register. HUD will proceed to formally withdraw the rule."

The rule is officially withdrawn as of April 2. LeadingAge supports the withdrawal and will continue to work with HUD to advance senior housing opportunities for all eligible households.