New Trump rule threatens HUD’s subsidized housing tenants, and immigrants

New Trump rule threatens HUD’s subsidized housing tenants, and immigrants

HUD Secretary Scott Turner threaten’s HUD’s subsidized housing tenants

By Lynda Carson - November 12, 2026

Oakland, CA - Millions of HUD’s subsidized housing tenants may be evicted from their ‘HUD’ subsidized housing units because of a new rule placing time limits on how long they may reside in HUD’s subsidized housing units. Thousands of Bay Area HUD subsidized housing tenants are being placed at risk of eviction, and homelessness as a direct result.

That’s right. After a massive “blue wave” in the recent midterm elections crushed Trump’s MAGA movement, the convicted felon President Donald J. Trump, and his myrmidon henchman ‘HUD Secretary Scott Turner’, of the Department of Housing and Urban Development (HUD), published the final rule called the “Housing and Community Development Act of 1980: Verification of Eligible Status” in the Federal Register, attacking mixed immigration status housing units, that legally allow mixed immigrant families to reside in HUD’s subsidized housing units.

indeed. The convicted felon President Donald J. Trump and HUD Secretary Scott Turner are taking their fascist racist war against immigrants directly into HUD’s subsidized housing programs including public housing, the Housing Choice Voucher program a.k.a. Section 8 voucher program, and the Section 8 Project Based Voucher Housing Programs. It’s bad enough with the brutal ICE hitmen running amuck killing immigrants, and US citizens, however Trump has just taken his WAR against the immigrants into HUD’s subsidized housing programs.

If enacted into law, at a minimum the new rules threatens millions of HUD’s subsidized housing tenants, and may result in evicting at least 80,000 people, including 37,000 children from HUD’’s subsidized housing program. Additionally, if enacted into law, the new rules would also limit the length of time a current recipient could receive federal housing assistance in HUD’s subsidized housing programs.

Many of Oakland’s HUD subsidized housing tenants will be placed at risk. Reportedly, “More than 87,000 Section 8-subsidized units were funded by Bay Area housing agencies in 2024, including about 16,000 from the San Francisco Housing Authority, according to data from the U.S. Department of Housing and Urban Development, or HUD.”

According to the Public Housing Authorities Directors Association (PHADA), “PHADA anticipates that one, if not several, lawsuits will be filed in the coming weeks to stop HUD from implementing this rule. It is possible that this litigation will result in an injunction or temporary restraining order that prohibits HUD from moving forward, at least temporarily. Should any of these lawsuits succeed, the implementation date of December 14 may be postponed.” PHADA’s 1,900 member housing agencies represent over 1.9 million low-income housing units throughout the United States.

The Trump regime is preparing to kick around 80,000 people from their HUD subsidized housing units.

Reportedly, “THE TRUMP ADMINISTRATION is preparing to kick nearly 80,000 people, about half of them children, off federal housing assistance over their family’s immigration status, threatening to drive thousands into homelessness. 

On Thursday, the Department of Housing and Urban Development published a final rule that’s on track to effectively bar families of mixed immigration status from receiving most federal housing assistance, which allow people to receive housing vouchers to reside in privately owned rental homes or in government-owned or -assisted public housing units. 
 
As it stands, undocumented immigrants and temporary non-residents in the United States already are barred from personally receiving most forms of federal housing assistance. But if some members of the family are eligible, the eligible members can receive prorated assistance to help cover their housing, and the non-eligible family member can live with them.

The new rule, which goes into effect in mid-December, would disqualify an entire family if one member is ineligible after a temporary grace period, forcing them to choose between separation and eviction. 

Families are “going to be faced with the impossible choice of deciding whether they want to split up so that some people can stay housed, or to stay together and risk homelessness and eviction,” said Marie Claire Tran-Leung, Evictions Initiative Project director at the National Housing Law Project. 

Children will bear a disproportionate burden, Tran-Leung said. Of the nearly 80,000 people who could be affected, according to estimates from Center on Budget and Policy Priorities, nearly 37,000 are children.”

November 12, 2026, release from CLPHA - Council Of Large Public Housing Authorities:

According to the Council of Large Public Housing Authorities (CLPHA), whose membership includes 85 of the largest Public Housing Authorities (PHAs) in the country, in a release on their website today, in part it says, “Today, HUD published the final rule “Housing and Community Development Act of 1980: Verification of Eligible Status” in the Federal Register. The rule finalizes HUD’s proposed February 2026 rule and changes HUD’s regulations implementing Section 214 of the Housing and Community Development Act of 1980. Section 214 now prohibits HUD from providing financial assistance to anyone other than U.S. citizens and certain categories of eligible noncitizens. The rule affects programs covered by Section 214, including Public Housing, the Housing Choice Voucher program, and Project-Based Rental Assistance.

Overturning the rule is a top CLPHA legislative priority for the new Congress. CLPHA staff are reviewing the extensive final rule and will share a more detailed analysis in the coming days. We will also convene the CLPHA Mixed-Status Task Force soon to discuss what the rule means for members. Watch for details of the meeting.

Under the final rule, PHAs and owners will be required to verify both citizenship and immigration status through the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) system. The rule removes the option for household members to “not contend” eligible status. It also ends the long-standing practice of allowing mixed-status families to receive prorated assistance on an ongoing basis. Under the final rule, proration is available only while family members’ status is being verified. Mixed-status families who lose eligibility may still request a temporary deferral of termination of up to 18 months, a protection available under current law.”

Link to CLPHA letter to HUD, https://tinyurl.com/3rtfkm9k , in opposition to the “Housing and Community Development Act of 1980: Verification of Eligible Status” in the Federal Register.

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November 12, 2026, release from PHADA - Public Housing Authorities Directors Association

Link to letter from PHADA to HUD, https://tinyurl.com/3j2sxbha , in opposition to the “Housing and Community Development Act of 1980: Verification of Eligible Status” in the Federal Register.

In a release on the website for PHADA today, in part it says, “HUD has published its final rule, Housing and Community Development Act of 1980: Verification of Eligible Status, commonly referred to as the “mixed status” rule. The rule appeared in the Federal Register on November 12 and goes into effect 30 days after publication (December 14, 2026). Although the Proposed Rule (91 FR 8151) published in February had more than 16,000 comments, HUD has stated that the final rule adopts most of its original proposals with only a few changes.
 
Significant changes implemented through the rule, which applies to all Section 214 covered programs, including public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA) include:

• Removing the ability for family members to opt to “do not contend” eligible immigration status.

• Requiring all members of the household, including those over age 62 who were previously not required to do so, to declare and provide documentation of an eligible immigration/citizenship status.

• Prohibiting most households from continuing to receive prorated assistance. HAs may provide currently assisted mixed-status families up to 18 months of continued assistance to allow for an “orderly transition” to non-assisted housing.

Tight Implementation Timeline 

The rule takes effect on December 14, 2026, giving housing authorities (HAs) roughly one month to prepare for significant new administrative requirements. Implementation will involve updating application procedures, establishing submission deadlines for declarations and new documentation requirements, notifying affected households, and managing the requests from tenants for additional time.
 
Some key requirements of the final rule include:
  

• Notifying applicants of the new requirements at the time of application and establishing deadlines for submitting the required declarations and documentation.

• By January 11, 2027, notifying current tenants who had not provided required documentation as of December 14, 2026.

• Establishing separate deadlines for individuals added to an assisted household to submit required declarations and documentation.

• Granting qualifying extensions of up to 60 days for submitting required documentation.
Administrative Burdens and Next Steps

The existing eligibility requirements already prohibit ineligible noncitizens from receiving federal housing assistance. PHADA convened a member focus group in April to gather feedback on the proposed rule. Participants expressed concern that the new requirements could have much broader implications, affecting eligible families as well.


The Association’s comments on the proposed rule warned that the rule would destabilize households, as well as increase costs and the administrative burdens to HAs. Although HUD anticipates that the administrative burden will be low, the Department’s own recommended next steps point to considerable work, including:

• Revising policies and getting board approvals

• Issuing new notices and forms

• Training staff


PHADA anticipates that one, if not several, lawsuits will be filed in the coming weeks to stop HUD from implementing this rule. It is possible that this litigation will result in an injunction or temporary restraining order that prohibits HUD from moving forward, at least temporarily. Should any of these lawsuits succeed, the implementation date of December 14 may be postponed.

PHADA is reviewing the final rule and will share further analysis with members and will also keep members informed regarding any legal action. In the meantime, HAs should begin planning now given the short deadline. Members with questions or feedback can contact PHADA at: policy [at] phada.org.

About PHADA

PHADA’s 1,900 member housing agencies represent over 1.9 million low-income housing units throughout the United States. Our members manage small, medium, large, rural, and urban housing authorities that run programs including public housing, housing choice vouchers, Rental Assistance Demonstration (RAD), and a variety of other innovative public-private partnerships.

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National Housing Law Project press release…

New HUD rule proposal. Trump separates and evicts immigrant families in order to destroy federal housing programs.

https://www.nhlp.org/nhlp-on-new-hud-rule-trump-separates-and-evicts-immigrant-families-in-order-to-destroy-federal-housing-programs/

NHLP letter to HUD.

https://www.nhlp.org/wp-content/uploads/NHLP-Mixed-Status-Families-NPRM-HUD-Comment.pdf

HUD Pre-Publishes Mixed-Status Families Final Rule
By: Tushar Gurjal, Senior Policy Manager

https://www.nahro.org/news/hud-publishes-mixed-status-final-rule/

November 10, 2026 – Earlier today, HUD pre-published a rule titled “Housing and Community Development Act of 1980: Verification of Eligible Status” in the Federal Register’s Public Inspection Desk. The final rule makes certain changes to eligibility for the Public Housing program, the Housing Choice Voucher program, and the Project-Based Rental Assistance program. The rule would require the verification of U.S. citizenship or the eligible immigration status of both applicants and current recipients of covered programs. The rule would also limit the length of time a current recipient could receive prorated assistance. The final rule would go into effect 30 days after its final publication in the Federal Register (the rule is currently only pre-published).

Responsible entities will have 30 days after the effective date of the rule to provide notification of the requirements of this final rule.

NAHRO staff will read and analyze the final rule and provide a more detailed description of it in the coming days.

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According to the Center on Budget and Policy Priorities (CBPP) in September 2024, about the Housing Choice Voucher program a.k.a Section 8 voucher program. “Individuals and families with low incomes use vouchers to help pay for privately owned housing. The program is federally funded and run by the Department of Housing and Urban Development (HUD) and a network of about 2,200 state and local public housing agencies (PHAs). More than 5 million people in 2.3 million low-income families use vouchers.”

Project-Based Vouchers: Additionally, according to the CBPP in September 2024, “Project-based vouchers, part of the Housing Choice Voucher program, provide place-based subsidies to help more than 530,000 people in nearly 290,000 households afford modest housing in the private market.”

Public Housing: In September of 2024, according to the CBPP. “The nation's 807,000 public housing units are located in all 50 states, the District of Columbia, and several territories, with 1 in 5 of them in rural areas. As of 2020, only 55 percent of public housing homes were in low- or moderate-poverty areas, or where less than 30 percent of people had low incomes.”

That’s right. Maintaining these programs is crucial to ensuring the livelihood of 2.3 million families in the Housing Choice Voucher program, 800,000 families in the Public Housing program, 1.3 million families in Project Based Rental Assistance, and thousands of others in other rental assistance programs. Each of these programs provide a myriad of benefits for families including providing a home. For example, the Housing Choice Voucher program can, in certain instances, provide improvements to the physical and mental health of adults and can increase lifetime earnings for children. The Housing Choice Voucher program celebrated its 50th anniversary in 2024 and during its entire existence housing agencies in the voucher program have been known for consistent, reliable payments to landlords. The Federal government, through HUD, cannot be allowed to default on its obligations to housing agencies, landlords, and millions of Americans.

Lynda Carson may be reached at newzland2 [at] gmail.com

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