On November 12, 2026, HUD published a final rule changing how housing providers verify U.S. citizenship and eligible immigration status. The rule takes effect December 14, 2026, and covers Public Housing, Section 8 voucher and project-based rental assistance programs, and Section 236 tenants paying below-market rent.
The final rule:
- Requires owners and public housing agencies (PHAs) to verify the U.S. citizenship or eligible immigration status of every household member, regardless of age, using DHS’s SAVE system as the first step.
- Eliminates the option for household members to elect not to claim eligible immigration status, commonly known as the “do not contend” option.
- Ends indefinite prorated assistance for most mixed-status families, with limited exceptions and transition periods.
- Requires providers to notify current tenants who are missing required evidence by January 11, 2027, and sets separate deadlines for submitting that evidence.
Housing providers should prepare for the deadlines in the published rule. NCHM will share updates if those deadlines change.
NCHM is developing educational programming to help owners, management agents, and PHAs understand the rule and what it means for their operations. Details will be available shortly. In the meantime, you can read the full rule in the Federal Register.