A document is scheduled to be published in the Federal Register on 2/20/2026 which outlines HUD’s proposed changes to Citizenship requirements for many of HUD’s programs. The document invites public comment on these changes, which will be due 60 days from the date that it’s published.
The rule seeks to update how it implements Section 214 of the Housing and Community Development Act of 1980 — the longstanding law restricting federal housing assistance to U.S. citizens, nationals, and certain eligible noncitizens. The rule applies to Public Housing, Section 8 (tenant- and project-based), Section 236, and related programs. The changes are intended to align HUD’s regulations more closely with the statute and with Executive Order 14218, which directed federal agencies to strengthen benefit eligibility verification.
DeSilva Housing Group is still reviewing the notice, which can be found here, but based on initial review, the following are the five key areas of proposed changes:
1. Removal of the “Do Not Contend” option – HUD is proposing to remove the option for household members to elect not to contend eligible immigration status. Existing tenants would have 90 days or until their next Annual Recertification to provide appropriate documentation, or lose subsidy.
2. Prorated Assistance would become a Temporary Status – For tenants whose citizenship verification is still in process, assistance would be prorated until verification is received.
3. Citizenship Verification would be required for all members – Under current rules, HUD does not require additional verification of U.S. Citizenship for those who self certify that they are U.S. citizens. The new rules would require household members to sign a verification consent form and have their information verified via SAVE.
4. Age Exemption is Removed – The proposed rule would no longer allow for an exemption for non-citizens aged 62 or older. Citizenship verification would be required for all members.
5. DHS Reporting Requirements – Project-Based Multifamily Housing owners would be required to notify DHS when a household member is found to be present in the U.S. in violation of immigration law.
While this is a proposed rule with many steps ahead before being implemented, we encourage Owners/Agents to carefully review the proposed rule and to submit public comment if you feel so inclined. This is an opportunity to provide HUD with practical feedback on implementation timelines, administrative capacity, and impacts on specific resident populations.
