[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Proposed Rules]
[Pages 8151-8170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03405]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR-6524-P-01]
RIN 2501-AE16


Housing and Community Development Act of 1980: Verification of 
Eligible Status

AGENCY: Office of the Secretary, HUD.

ACTION: Proposed rule.

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SUMMARY: Section 214 of the Housing and Community Development Act of 
1980, as amended (``Section 214''), prohibits the Secretary of HUD from 
making financial assistance available to persons other than United 
States citizens or certain categories of eligible noncitizens in HUD's 
public and specified assisted housing programs. This proposed rule 
would revise HUD's Section 214 implementing regulations to require the 
verification of U.S. citizenship or the eligible immigration status of 
all applicants and recipients of assistance under a covered program 
regardless of age. The proposed rule would also make prorated 
assistance a temporary condition pending verification of eligible 
status of all family members, where permitted by statute, as opposed to 
under HUD's current regulations where prorated assistance could 
continue indefinitely. These amendments would bring HUD's regulations 
into greater alignment with the wording and purpose of Section 214 and 
align with the current Administration's priorities and regulatory 
reform efforts.

DATES: Comments are due by: April 21, 2026.

ADDRESSES: There are two methods for submitting public comments. All 
submissions must refer to the above docket number and title.
    1. Electronic Submission of Comments. Comments may be submitted 
electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make comments immediately available 
to the public. Comments submitted electronically through 
www.regulations.gov can be viewed by other commenters and interested 
members of the public. Commenters should follow the instructions 
provided on that website to submit comments electronically.
    2. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW, Room 10276, 
Washington, DC 20410-0500.

    Note: To receive consideration as a public comment, comments 
must be submitted through one of the two methods specified above.

    Public Inspection of Public Comments. HUD will make all properly 
submitted comments and communications available for public inspection 
and copying during regular business hours at the above address. Due to 
security measures at the HUD Headquarters building, you must schedule 
an appointment in advance to review the public comments by calling the 
Regulations Division at 202-708-3055 (this is not a toll-free number). 
HUD welcomes and is prepared to receive calls from individuals who are 
deaf or hard of hearing, as well as individuals with speech or 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
    Copies of all comments submitted are available for inspection and 
downloading at www.regulations.gov.
    In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed 
rule may be found at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Multifamily Housing programs: Jennifer Larson, Director, Office of 
Multifamily Asset Management and Portfolio Oversight, Office of 
Multifamily Housing Programs, Department of Housing and Urban 
Development, 451 7th Street SW, Room 6162, Washington, DC 20410; 
telephone number (202) 402-7769 (this is not a toll-free number).
    Public Housing and Voucher programs: Todd Thomas, Acting Deputy 
Assistant Secretary, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Room 4204, Washington, DC 20410; 
telephone number (202) 731-1442 (this is not a toll-free number).
    HUD welcomes and is prepared to receive calls from individuals who 
are deaf or hard of hearing, as well as individuals with speech or 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION:

I. Section 214 of the Housing and Community Development Act of 1980

    Section 214 of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a) (``Section 214'') prohibits HUD from making certain 
financial assistance available to persons other than United States 
citizens or specified categories of eligible aliens. The Section 214 
requirements apply to financial assistance provided under the following 
HUD programs (collectively referred to in this preamble as ``Section 
214 covered programs'' or ``covered programs''):
    1. Section 235 of the National Housing Act (12 U.S.C. 1715z) (the 
Section 235 Program);
    2. Section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
(tenants paying below market rent only) (the Section 236 Program);
    3. Section 101 of the Housing and Urban Development Act of 1965 (12 
U.S.C. 1701s) (the Rent Supplement Program); and
    4. The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 
which covers: HUD's Public Housing programs, the Section 8 rental 
assistance programs, and the Housing Development Grant programs (with 
respect to low-income units only).\1\
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    \1\ Section 214(b). Additional limitations on noncitizen 
eligibility are also found in the Personal Responsibility and Work 
Opportunity Act of 1996, 8 U.S.C. 1611(b)(1)(E).
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    Section 214(d)(2) states that the ``Secretary [of HUD] may not 
provide . . . assistance for the benefit of . . . [an] individual 
before documentation [of eligible immigration status] is presented and 
verified.'' \2\ This is consistent with the statute's goal of ensuring 
that HUD's limited financial resources be used to aid families lawfully 
present in the United States, encompassing U.S. citizens and nationals, 
as well as noncitizens with eligible immigration status as set forth

[[Page 8152]]

in Section 214(a). However, Section 214 also contains several 
provisions to mitigate the potential impacts on the elderly and 
families. The Housing and Community Development Act of 1987 \3\ (``1987 
HCD Act'') amended Section 214 to apply certain status verification 
requirements to individuals younger than 62 years of age.\4\ The 1987 
HCD Act also amended Section 214 to authorize ``preservation 
assistance'' to prevent the separation of families already receiving 
assistance on ``the date of enactment of the'' 1987 HCD Act (i.e., 
February 5, 1988). Specifically, Section 214(c)(1)(A) authorizes the 
continuation of assistance to such a family if ``necessary to avoid the 
division of the family'' and the head of household or spouse has 
eligible immigration status.\5\ Assistance to such families, however, 
``may be provided only on a prorated basis, under which the amount of 
financial assistance is based on the percentage of the total number of 
[eligible] members.'' \6\ Section 214(c)(1)(B) also authorized the 
temporary deferral of termination of assistance for families receiving 
assistance on February 5, 1988, but who were ineligible for continued 
assistance on a prorated basis ``to permit the orderly transition of 
the individual and any family members involved to other affordable 
housing.'' \7\
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    \2\ Section 214(i)(2) and HUD's regulations at 24 CFR 5.512(b) 
provide that a PHA may provide assistance before affirmatively 
verifying eligibility. This discretion is not permanent and PHAs are 
obligated to complete verification of all members of the family 
except citizens and persons with eligible immigration status who are 
62 years of age or older.
    \3\ Public Law 100-242, enacted February 5, 1988, https://www.congress.gov/100/statute/STATUTE-101/STATUTE-101-Pg1815.pdf.
    \4\ Section 214(d)(2).
    \5\ Section 214(c)(1)(A).
    \6\ Id.
    \7\ Section 214(c)(1)(B)(i).
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II. HUD's Regulations Implementing Section 214

    HUD's original regulations implementing Section 214 were 
promulgated by final rule published on March 20, 1995, with an 
effective date of June 19, 1995 (``the 1995 final rule'').\8\ The 1995 
final rule created virtually identical noncitizens regulations for the 
various HUD programs covered by Section 214. On March 27, 1996,\9\ HUD 
published a final rule that streamlined these regulations by 
consolidating requirements in a new subpart E to 24 CFR part 5 (titled 
``Restrictions on Assistance to Noncitizens''), which is still codified 
and in effect. HUD has amended 24 CFR part 5, subpart E, several times 
through rulemaking to incorporate and implement statutory changes \10\ 
and to make conforming amendments as part of cross-cutting rulemakings 
that revised regulations for Section 214 covered programs, among other 
regulations.\11\
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    \8\ 60 FR 14816.
    \9\ 61 FR 13614.
    \10\ 61 FR 60535, Nov. 29, 1996; 64 FR 25726, May 12, 1999; 67 
FR 65272, Oct. 23, 2002.
    \11\ 63 FR 23826, April 30, 1998; 81 FR 12354, Mar. 8, 2016; 88 
FR 9600, Feb. 14, 2023; 89 FR 38224, May 7, 2024.
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    The preamble to the 1995 final rule stated that, for purposes of 
eligibility for preservation assistance, HUD considered the effective 
date of the final rule as the pivotal date rather than the date of 
enactment of the statute. As noted above, the amendments to Section 214 
made by the 1987 HCD Act condition a family's eligibility for 
preservation assistance on the family's receipt of assistance on the 
date of the statute's enactment. HUD explained in the preamble to the 
1995 final rule that it had determined the provisions of Section 214 
too ``complex to be determined self-implementing as of the date of 
enactment of the 1987 HCD Act (February 5, 1988).'' Thus, HUD's 
regulations use the effective date of the final rule (June 19, 1995) as 
the relevant date for determining eligibility for preservation 
assistance.
    HUD's current regulations require that each family member applying 
for assistance under a Section 214 covered program either: (1) submit a 
declaration declaring that he or she is a U.S. citizen, as defined in 
24 CFR 5.504(b), or a noncitizen with eligible immigration status; \12\ 
or (2) elect not to contend eligible immigration status and, therefore, 
not submit documentation for verification.\13\ Notably, HUD's current 
regulations do not require verification of citizenship for persons 
declaring to be U.S. citizens, whereas persons declaring eligible 
immigration status must submit evidence, including documentation, for 
verification purposes.\14\ Family members who declare themselves 
eligible noncitizens must provide the original of a document designated 
by the Department of Homeland Security (``DHS'') \15\ as acceptable 
evidence of immigration status \16\ and consent to transmittal of a 
copy of the document and the information contained on the document to 
DHS to verify whether the individual has eligible immigration 
status.\17\ Verification of the immigration status of the individual 
can be completed by utilizing Systematic Alien Verification for 
Entitlements (``SAVE''). SAVE is an online service administered by U.S. 
Citizenship and Immigration Services (USCIS) within the Department of 
Homeland Security (DHS), that allows registered federal, state, and 
local government agencies to verify immigration status and U.S. 
citizenship of applicants seeking benefits, licenses, and for other 
authorized purposes.\18\
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    \12\ 24 CFR 5.508(c).
    \13\ 24 CFR 5.508(e).
    \14\ However, HUD assumes that, for the purposes of the preamble 
discussion as well as the Regulatory Impact Analysis, there are 
relatively few noncitizens who falsely declare citizenship under its 
current rules because individuals who are not eligible citizens or 
noncitizens have the opportunity to elect ``do not contend.''
    \15\ HUD's regulations refer to the Immigration and 
Naturalization Service (INS), a predecessor agency to DHS; INS was 
disbanded on March 1, 2003, and its ``constituent parts contributed 
to 3 new federal agencies serving under the newly-formed Department 
of Homeland Security,'' Customs and Border Protection (CBP), 
Immigration and Customs Enforcement (ICE), and U.S. Citizenship and 
Immigration Services (USCIS). Overview of INS History, USCIS History 
Office and Library, 11 (2012), https://www.uscis.gov/sites/default/files/document/fact-sheets/INSHistory.pdf.
    \16\ 24 CFR 5.510.
    \17\ 24 CFR 5.508(d)(2).
    \18\ https://www.uscis.gov/save.
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    Section 214 directly speaks to proration of assistance in two 
circumstances: (1) When at least one family member has verified 
eligibility, the eligibility for other family members has not been 
affirmatively established, and no family member has been established as 
ineligible; and (2) as prorated continued assistance, which is a form 
of preservation assistance and is explained in more detail later in 
this preamble.\19\ Both types of prorated assistance, as implemented in 
HUD's existing regulations, follow the applicable calculation methods 
laid out in 24 CFR 5.520.
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    \19\ 42 U.S.C. 1436a(b)(2) and (c)(1)(A).
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    For the first type of prorated assistance: HUD's current 
regulations require that financial assistance made available to a 
``mixed family'' be prorated, based on the number of individuals in the 
family for whom eligibility has been affirmatively established.\20\ 
Under HUD's current regulations, ``mixed family'' means a family whose 
members include those with citizenship or eligible immigration status, 
and those without citizenship or eligible immigration status. 24 CFR 
5.504(b). Under existing Sec.  5.516(a)(1)(iii), this type of prorated 
assistance must be provided to mixed families if they so request.
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    \20\ 24 CFR 5.516(a)(1)(iii).
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    The second type of prorated assistance applies in limited 
circumstances. Section 214(c)(1)(A) provides for proration of 
preservation assistance for families that were receiving assistance 
under a Section 214 covered program on February 5, 1988; with a head of 
household or spouse who is a citizen or national of the United States 
or in eligible immigration status; and without any family member who 
does not have eligible immigration status other than the head of 
household, the head of household's spouse, the

[[Page 8153]]

parents of either the head of household or spouse, and any children of 
the head of household or spouse. Existing Sec.  5.518(a)(1) implements 
these statutory requirements for prorated continued assistance.\21\ 
Prorated continued assistance is one of two options for preservation 
assistance under Section 214; the other is temporary deferral of 
termination of assistance.\22\
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    \21\ 42 U.S.C. 1436a(c)(1)(A); 24 CFR 5.518(a)(1).
    \22\ 42 U.S.C. 1436a(c)(1)(B); 24 CFR 5.518(b).
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III. This Proposed Rule

    Several factors have prompted HUD to reconsider its noncitizen 
regulations. This proposed rule would bring HUD's Section 214 
implementing regulations into greater alignment with the wording and 
purpose of Section 214 by revising HUD's regulations to require the 
verification of U.S. citizenship or the eligible immigration status of 
all applicants and recipients of assistance under a covered program 
regardless of age, and to make prorated assistance a temporary 
condition pending verification of eligible status of all family 
members, where permitted by statute. These amendments would also align 
with the current Administration's priorities and regulatory reform 
efforts. Further, on February 19, 2025, the President issued Executive 
Order 14218, ``Ending Taxpayer Subsidization of Open Borders'' (``E.O. 
14218'').\23\ Among other provisions, section 2(a) of E.O. 14218 
directs the head of each Department or agency, including HUD, to 
enhance eligibility verification systems, to the maximum extent 
possible, to ensure that taxpayer-funded benefits exclude any 
ineligible alien.
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    \23\ Executive Order 14218 was published in the Federal Register 
at 90 FR 10581 on February 25, 2025.
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    Additionally, consistent with the current Administration's 
regulatory reform efforts,\24\ HUD has undertaken a comprehensive 
review of its regulations to reduce unnecessary regulatory burdens, 
enhance the effectiveness of those regulations that are necessary, and 
promote principles underlying the rule of law, including ensuring the 
conformity of regulations with statutory mandates. HUD believes the 
proposed regulatory amendments are consistent with the principles of 
E.O. 14218 and the current Administration's regulatory reform 
efforts.\25\ The policy changes will bring HUD's regulations into 
greater alignment with the requirements of Section 214 and make the 
administrative process for verification more uniform for citizens and 
eligible noncitizens.
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    \24\ See, e.g., Executive Order 14192 of January 31, 2025 
(``Unleashing Prosperity Through Deregulation''), published in the 
Federal Register at 90 FR 9065 on February 6, 2025; and Executive 
Order 14219 of February 19, 2025 (``Ensuring Lawful Governance and 
Implementing the President's `Department of Government Efficiency' 
Deregulatory Initiative''), published in the Federal Register at 90 
FR 10583 on February 25, 2025.
    \25\ Section 2(a)(i) of Executive Order 14218 provides, ``(a) . 
. . [T]o ensure, to the maximum extent permitted by law, that no 
taxpayer-funded benefits go to unqualified aliens, the head of each 
executive department or agency (agency) shall: (i) identify all 
federally funded programs administered by the agency that currently 
permit illegal aliens to obtain any cash or non-cash public benefit, 
and, consistent with applicable law, take all appropriate actions to 
align such programs with the purposes of this order and the 
requirements of applicable Federal law . . . .''
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    HUD acknowledges that this rulemaking would adversely affect some 
tenants and applicants for Section 214 covered programs, especially 
mixed families and ineligible aliens, as well as responsible entities. 
The most significant effect of this rulemaking would be to transfer 
assistance from mixed status families to fully eligible households. 
However, HUD believes that this cost is adequately offset by the 
reallocation of HUD funds to the intended recipients. Additionally, as 
explained in the Regulatory Flexibility Act and Paperwork Reduction Act 
sections of this preamble, HUD believes that the impact on responsible 
entities would be low. Therefore, HUD has determined that this proposed 
rule balances the interests of affected parties and responsible 
entities while improving compliance with statutory obligations and 
aligning with policy goals.
    This rule is proposing the following changes to HUD's regulations 
in 24 CFR 5.216 and 24 CFR part 5, subpart E:

Sec.  5.216 Disclosure and Verification of Social Security and Employer 
Identification Numbers

    HUD's existing regulations at 24 CFR 5.216 require all applicants 
and participants to disclose their Social Security Numbers (SSNs) or 
Employer Identification Numbers except for those who do not contend 
eligible immigration status. As explained earlier in this preamble, 
this proposed rule would remove the ``do not contend'' provision in 
existing Sec.  5.518(e). HUD is therefore proposing to remove the 
phrase ``except that this section is inapplicable to individuals who do 
not contend eligible immigration status under subpart E of this part 
(see Sec.  5.508)'' in Sec.  5.216(a) because this qualifying language 
would no longer be necessary.
    HUD's existing regulations at 24 CFR 5.216(e) also exclude 
participants in HUD housing programs age 62 or older as of January 31, 
2010, from submitting certain information including SSNs. Through this 
proposed rule, HUD is proposing to revise the phrase ``except those age 
62 or older as of January 31, 2010,'' from 24 CFR 5.216(e)(1)(i) 
because this proposed rule would require all applicants and tenants in 
Section 214 covered programs to submit evidence of U.S. citizenship or 
eligible immigration status regardless of age. To further effectuate 
these proposed changes, HUD is proposing to remove language referring 
to the January 31, 2010, date in Sec.  5.216(e)(1)(i) and replace it 
with language providing that each participant whose initial 
determination of eligibility was begun before the effective date of a 
future final rule for this rulemaking must submit the information 
described in the next paragraph, (e)(1)(ii), including a SSN. This 
applies if the participant meets one of the conditions in existing 
paragraphs (e)(1)(i)(A)-(C): the participant has not previously 
disclosed an SSN, has previously disclosed a SSN that HUD or the Social 
Security Administration found invalid, or has been issued a new SSN.
    Together, the result of these changes would affect all participants 
62 years of age or older as of January 31, 2010, and all participants 
who had previously elected to not contend eligible immigration status, 
who have not yet provided a valid SSN. Following the effective date of 
the final rule for this rulemaking, these individuals must provide a 
valid SSN for U.S. citizenship or, as applicable, eligible immigration 
status verification. These changes would also effectuate other proposed 
changes in Sec.  5.512(c) of this rulemaking that would require use of 
a SSN, and/or other information, to conduct verification through SAVE.
Sec.  5.504(b): Definitions
    To replace outdated terminology, HUD is proposing to remove the 
definition of ``INS'' in Sec.  5.504(b) and add a definition of 
``DHS,'' which would mean the Department of Homeland Security.
    Because HUD is proposing changes through this rulemaking throughout 
24 CFR part 5, subpart E, to remove references to the outdated or 
nonexistent programs under Section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s) (the Rent Supplement Program) 
and Section 235 of the National Housing Act (12 U.S.C. 1715z) (the 
Section 235 Program), HUD is proposing to remove the definition of 
``Housing covered programs'' and simply replace instances of this term

[[Page 8154]]

throughout 24 CFR part 5, subpart E, with ``the Section 236 Program.''
    Section 214(c) uses the phrase ``preservation of families'' when 
describing two specific types of assistance that are available to 
eligible families in limited circumstances.\26\ Section 214(c) provides 
that a responsible entity \27\ or applicable Secretary shall take one 
of two actions if, following completion of the applicable hearing 
process, financial assistance for any individual receiving such 
assistance on February 5, 1988, is to be terminated. The first 
statutory option is the continued provision of financial assistance as 
prorated assistance, if necessary to avoid the division of a family in 
which the head of household or spouse is a citizen of the United 
States, a national of the United States, or an individual with eligible 
immigration status. HUD's regulations describe this as ``continued 
assistance.'' See 24 CFR 5.516(a)(1)(i) and 5.518(a). The second 
statutory option is to defer the termination of financial assistance, 
if necessary to permit the orderly transition of the individual and any 
family members involved to other affordable housing. In accordance with 
statutory requirements, HUD's regulations describe this as ``temporary 
deferral of termination of assistance.'' See 24 CFR 5.516(a)(1)(ii) and 
5.518(b). HUD's current regulations use the term ``preservation 
assistance'' as an umbrella term that includes these types of 
assistance. See 24 CFR 5.516 and 5.518. Therefore, HUD is proposing a 
new definition for ``preservation assistance,'' which would be defined 
to mean types of assistance under Section 214, including prorated 
continued assistance and temporary deferral of termination of 
assistance, available to eligible families pursuant to the requirements 
in Sec. Sec.  5.516 and 5.518, which implement statutory requirements 
for these specific types of assistance. HUD is proposing to remove the 
third type of preservation assistance in HUD's existing regulations, 
``prorated assistance,'' see 24 CFR 5.516(a)(1)(iii), through this 
proposed rule. For more information, see the sections later in this 
preamble discussing Sec. Sec.  5.516, 5.518, and 5.520.
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    \26\ 42 U.S.C. 1436a(c).
    \27\ The phrase ``responsible entity'' as used in this preamble 
refers to a PHA or owner, depending on the Section 214 covered 
program, see existing and proposed 24 CFR 5.504(b).
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    HUD is also proposing changes to the definition of ``responsible 
entity'' to remove outdated references to the Section 235 Program under 
the National Housing Act and to add language clarifying that the 
responsible entities for the Section 236 Program are mortgagors or 
project (or housing) owners (if uninsured) and, for the project-based 
Section 8 Program, are project or housing owners. Related to this 
change, HUD is proposing to remove the second sentence from the 
definition of ``tenant,'' \28\ which pertains to the Section 235 
Program.
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    \28\ The sentence states, ``For purposes of this subpart E, the 
term `tenant' will also be used to include a homebuyer, where 
appropriate.''
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    Finally, throughout HUD's regulations there is language referring 
to the required evidence of eligible status under Sec.  5.508, such as 
``evidence of eligible immigration status'' or ``evidence of 
citizenship or eligible immigration status,'' but existing Sec.  
5.504(b) defines the term ``evidence of citizenship or eligible 
status'' without the word ``immigration.'' HUD is proposing technical 
edits throughout 24 CFR part 5, subpart E, to standardize language so 
it reflects the defined phrase in HUD's existing regulations, 
``evidence of citizenship or eligible status.''
Sec.  5.506(b): Family Eligibility for Assistance
    HUD is proposing changes to regulatory requirements regarding which 
families may receive which types of assistance to better implement 
statutory requirements and add clarifying details. At proposed 24 CFR 
5.506(b)(1), this rule would provide that, to be eligible for 
assistance, every family member residing in the unit must have eligible 
status as described in paragraph (a), unless the family meets the 
conditions in paragraphs (b)(2) or (3) of that section, which aligns 
with statutory requirements and exceptions.
    HUD would like to clarify that as used in proposed Sec.  
5.506(b)(1) of this rule, ``every member of the family'' does not 
include live-in aides and foster adults or foster children, consistent 
with HUD's rulemaking implementing sections 102, 103, and 104 of the 
Housing Opportunity and Modernization Act of 2016 (HOTMA 2016 final 
rule). See 88 FR 9600.
    Existing 24 CFR 5.506(b)(2) provides that a mixed family may be 
eligible for one of the types of preservation assistance provided in 24 
CFR 5.516 and 5.518 (which discuss types of preservation assistance 
such as prorated continued assistance), and that a family without any 
eligible members and receiving assistance on June 19, 1995, may be 
eligible for temporary deferral of termination of assistance under 
Sec. Sec.  5.516 and 5.518. Existing Sec.  5.506(b)(2) captures the 
second type of prorated assistance and both forms of preservation 
assistance, discussed elsewhere in this preamble. HUD is proposing to 
revise this paragraph to restructure the sentence to more closely align 
with the statutory language of Section 214. Revised Sec.  5.508(b)(2) 
would provide that despite the ineligibility of one or more family 
members, a family that was receiving assistance under a Section 214 
covered program on June 19, 1995, may be eligible for continued 
assistance under Sec. Sec.  5.516 and 5.518.\29\ If the family does not 
qualify for continued assistance, then temporary deferral of 
termination of assistance under proposed Sec. Sec.  5.516 and 5.518 may 
be an option for that family. (As explained in existing and proposed 
Sec.  5.518(b), continued assistance under Sec.  5.518 must be prorated 
in accordance with Sec.  5.520.)
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    \29\ HUD notes that while this limited set of mixed families may 
continue to receive prorated assistance under the existing 
preservation assistance provision, under other elements of this 
proposed rule family members who cannot provide documentation of any 
eligible status may be subject to reporting by PHAs, in compliance 
with PRWORA, and owners (depending on determinations made by the PHA 
or owner about whether a member of a household is ineligible for 
assistance because the individual is present in the U.S. in 
violation of the Immigration and Nationality Act).
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    HUD is proposing a new Sec.  5.506(b)(3) that would capture the 
type of prorated assistance discussed earlier in this preamble where at 
least one family member has verified citizenship or eligible 
immigration status and the remaining family members' verification is 
pending. Section 5.506(b)(3) would provide that a family with at least 
one family member of any age who has U.S. citizenship, U.S. 
nationality, or eligible immigration status is eligible for prorated 
assistance under Sec.  5.520 pending final verification of the 
eligibility of other family members. This proposed change more closely 
aligns HUD's regulations with the statutory language of Section 214, 
which does not use the phrase ``mixed families'' but instead states 
that if ``at least one member of a family'' has affirmatively 
established eligibility under the program and Section 214, and the 
ineligibility of one or more family members has not been affirmatively 
established under Section 214, any financial assistance made available 
must be prorated based on the number of eligible family members. 
Prorated assistance under this proposed paragraph would be temporary 
while verification of eligible status is ongoing for outstanding 
members of the family. At the time of enactment of Section 214,

[[Page 8155]]

verification of eligible immigration status was a manual, paper-driven 
process that could take days or even weeks to complete. Prorated 
assistance struck a balance with timely permitting assistance but 
providing an incentive to cooperate in timely completion. Today, 
verification through SAVE is almost instantaneous in most 
instances.\30\ Similarly, this proposed rule at Sec.  5.512(c) would 
require responsible entities to verify citizenship and immigration 
status through SAVE or, in cases where secondary verification is 
needed, see proposed Sec.  5.512(c)(2) and (d), through review of 
submitted documents and, as specified in HUD guidance, by instituting 
secondary verification in SAVE. Thus, prorated assistance should rarely 
be applicable and then of short duration.\31\ However, this proposed 
rule would not prevent assistance from being provided, as applicable 
under HUD's regulations, before secondary verification or informal 
hearing proceedings have concluded, see 24 CFR 5.512 and 5.514.
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    \30\ https://www.uscis.gov/save/about-save/save-verification-response-time.
    \31\ This does not apply to prorated assistance provided to 
families eligible for continued assistance as preservation 
assistance. See 24 CFR 5.516 and 5.518.
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Sec.  5.508 Submission of Evidence for Verification of Eligible 
Immigration Status

    HUD is proposing several substantive changes to 24 CFR 5.508, as 
well as technical changes for consistency with changes discussed in 
other sections in this preamble.
Sec.  5.508(b)(1): Evidence of Citizenship
    Under HUD's current regulations at 24 CFR 5.508(b)(1), U.S. 
citizens and U.S. nationals must submit a signed declaration of U.S. 
citizenship or U.S. nationality to the responsible entity and the 
responsible entity may--but is not required to--request additional 
documentation for these individuals. In this proposed rule, HUD is 
proposing revisions to Sec.  5.508(b)(1) to require persons who declare 
themselves to have U.S. citizenship or U.S. nationality to provide a 
signed declaration, as is the case under HUD's existing regulation, 
and, newly, a verification consent form. HUD is proposing elsewhere in 
this rulemaking that responsible entities will i verify U.S. 
citizenship and/or immigration status through submission of biographic 
information (first name, last name, and date of birth) and an approved 
government-issued numeric identifier, including a Social Security 
number, to SAVE (see proposed Sec.  5.512(c)).\32\ Because of this 
change, HUD is proposing in Sec.  5.508(b)(1) to require persons 
declaring U.S. citizenship or U.S. nationality to provide a 
verification consent form as described in proposed Sec.  5.508(d) to 
consent to responsible entities' submission of information to SAVE \33\ 
and, in instances of cases which may require secondary verification, to 
collect and review documentation.
---------------------------------------------------------------------------

    \32\ For more information on U.S. citizenship and SAVE, see 
https://www.uscis.gov/save/about-save/about-save.
    \33\ User agencies must execute a Memorandum of Agreement with 
DHS/USCIS and register to use the SAVE program in order to receive 
point in time immigration status and U.S. citizenship information 
for benefit applicants. HUD as the User-Agency provides access to 
PHAs and owners to use SAVE.
---------------------------------------------------------------------------

    HUD is proposing to remove the existing language in Sec.  
5.508(b)(1) permitting responsible entities to request documentation to 
verify a citizenship declaration during an individual's initial 
submission of evidence. Under this proposed rule, documentation for 
citizenship verification purposes would be required for purposes of 
secondary verification of U.S. citizenship, see proposed Sec.  
5.512(c)(2) and (d)(2).
Sec.  5.508(b)(2) and (3): Evidence of Eligible Immigration Status
    HUD's regulations currently require that responsible entities 
verify the eligible immigration status of all noncitizen recipients of 
assistance under a Section 214 covered program who are under the age of 
62 beginning with these recipients' submission of evidence pursuant to 
24 CFR 5.508(b)(2) and (3). This rulemaking proposes to require all 
noncitizens, regardless of age, in Section 214 covered programs to 
submit evidence of citizenship or eligible status by removing existing 
paragraph (b)(2) and redesignation of existing paragraph (b)(3) as 
(b)(2) and revising it to state that all noncitizens must provide the 
evidence documents specified therein. These changes help effectuate the 
goal of this proposed rulemaking to ensure that only U.S. citizens or 
nationals and eligible noncitizens under Section 214 and other relevant 
legal authorities benefit from HUD federal financial assistance.
Sec.  5.508(c) and (d): Declaration and Verification Consent Form
    HUD's existing regulations at Sec.  5.508(c) require only 
individuals who contend to have eligible status to submit a declaration 
to the responsible entity. Similarly, Sec.  5.508(d)(1) currently 
provides that each noncitizen who declares eligible immigration status, 
except certain noncitizens who are 62 years or older as described in 
paragraph (b)(1) of that section, must sign a verification consent 
form. Since HUD is proposing to remove the option for individuals to 
not contend that they have U.S. citizenship or eligible immigration 
status (see the next section in this preamble), HUD is proposing in 
Sec.  5.508(c) that each family member, regardless of age, must submit 
a written declaration that the person is a U.S. citizen or a noncitizen 
with eligible immigration status as set forth in HUD's regulations.
    HUD is further proposing, in Sec.  5.508(d)(1), that each family 
member regardless of age, must sign a verification consent form.\34\ 
Under proposed Sec.  5.508(d)(2), this form must provide notice that 
responsible entities will collect and review evidence of citizenship or 
eligible status for verification purposes and that responsible entities 
may release this evidence to HUD, as required by HUD, and to DHS for 
purposes of verifying U.S. citizenship or eligible immigration status. 
Proposed Sec.  5.508(d)(3) would provide similar notice, but about the 
possible release of evidence of U.S. citizenship and eligible 
immigration status by HUD to DHS only for verification purposes. The 
requirement to sign the verification consent form would include all 
noncitizens in Section 214 covered programs, regardless of age, in 
conformity with proposed changes to Sec.  5.508(b)(2) that would 
require all noncitizens in Section 214 covered programs, regardless of 
age, to submit evidence documents for verification purposes. As 
explained earlier in this preamble, ``each family member'' would not 
include live-in aides and foster adults or foster children consistent 
with HUD's HOTMA 2016 final rule. See 88 FR 9600.
---------------------------------------------------------------------------

    \34\ HUD notes that it does not propose to adopt a specific 
consent form for use by Responsible Entities. Owners and PHAs will 
remain responsible for creating the declaration and consent forms, 
consistent with current HUD procedures. The content of these consent 
forms must be consistent with 24 CFR 5.508(d)(2) and (3).
---------------------------------------------------------------------------

Existing Sec.  5.508(e): The ``Do Not Contend'' Provision
    The language of Section 214 contemplates that HUD assistance under 
a covered program will generally be contingent on verification of 
eligible status of applicants and tenants. However, the ``do not 
contend'' provision in 24 CFR 5.508(e) does not align with the statute. 
Section 214 does not provide any option for a family member to not 
contend eligible status. Section 5.508(e) in HUD's existing

[[Page 8156]]

regulations excuses individuals from submitting documentation if they 
do not contend to have eligible immigration status. This results in no 
actual determination of immigration status being made. HUD is therefore 
proposing to remove the option in Sec.  5.508(e) for persons to elect 
``do not contend'' to have eligible status of any kind (citizenship, 
nationality, or immigration status). This proposed change will better 
conform HUD's regulations to the statutory language of Section 214: the 
proposed change would ensure that the eligibility of all individuals in 
a Section 214 covered program has been verified with the support of 
SAVE.
    Additionally, the ``do not contend'' provision in 24 CFR 5.508(e) 
facilitates the indefinite use of prorated assistance by a mixed 
family. Upon reconsideration of its implementing regulations for 
Section 214, HUD believes that Section 214 requires that no financial 
assistance be provided to, or on behalf of, an individual if his or her 
eligible status has not been verified, except for the time that it 
takes to verify that individual's eligible status.\35\ In this respect, 
Section 214 generally provides that ``with respect to a family, the 
term `eligibility' means the eligibility of each family member.'' HUD 
believes that an individual without verified eligible status living in 
a mixed household receiving long-term prorated assistance is benefiting 
from HUD financial assistance in a way that is prohibited by Section 
214. As explained earlier in this preamble, see the section discussing 
Sec.  5.506(b), verification was previously a manual, paper-driven 
process that took considerable time, but contemporary verification 
through SAVE is almost instantaneous in most instances.\36\ Thus, 
prorated assistance should rarely be applicable and then of short 
duration,\37\ unless, for example, secondary verification or an 
informal hearing process is ongoing. The ``do not contend'' provision 
is inconsistent with the statutory requirements insofar as it permits 
prorated assistance of unlimited duration. Because HUD is proposing to 
remove existing Sec.  5.508(e) and not replace it with other text, HUD 
is also proposing to redesignate existing Sec.  5.508(f)-(i) as 
paragraphs (e)-(h). Sec.  5.508(e): Notification of requirements of 
Section 214.
---------------------------------------------------------------------------

    \35\ This does not apply to prorated assistance provided to 
families eligible for continued assistance as preservation 
assistance. See 24 CFR 5.516 and 5.518.
    \36\ https://www.uscis.gov/save/about-save/save-verification-response-time.
    \37\ This does not apply to prorated assistance provided to 
families eligible for continued assistance as preservation 
assistance. See 24 CFR 5.516 and 5.518.
---------------------------------------------------------------------------

    Proposed Sec.  5.508(e) (currently Sec.  5.508(f)) concerns the 
notification that responsible entities must provide to applicants and 
tenants for Section 214 covered programs concerning requirements under 
Section 214 and HUD's implementing regulations.
    As stated earlier in this preamble, HUD's regulations currently do 
not require individuals to submit evidence to verify a declaration of 
citizenship; a responsible entity may, at its discretion, request such 
evidence. However, HUD is proposing through this rulemaking to require 
applicants and tenants to submit evidence of U.S. citizenship to 
responsible entities with any declaration of U.S. citizenship. 
Additionally, as stated earlier in this preamble, because of the 
existing ``do not contend'' provision, some persons in HUD housing 
assisted by Section 214 covered programs have not submitted evidence of 
citizenship or eligible status; HUD is proposing to remove the ``do not 
contend'' provision, existing Sec.  5.508(e).
    Because of these proposed changes, proposed Sec.  5.508(e)(1)(ii) 
would require responsible entities to provide notification of Section 
214 requirements to certain tenants no later than 30 days after the 
effective date of HUD's final rule for this rulemaking. This would 
apply to tenants that have not submitted evidence of citizenship or 
eligible status as of the effective date of HUD's final rule for this 
rulemaking, including tenants who have previously elected they do not 
contend to have eligible status.
    HUD is also proposing a new paragraph (e)(2)(iv) in Sec.  5.508 
that would require the notification provided by responsible entities to 
applicants and tenants to include a statement that assistance may be 
prorated based on the calculations provided in Sec.  5.520 to a family 
with at least one family member of any age who has U.S. citizenship, 
U.S. nationality, or eligible status pending final verification of the 
status of other family members, or to families eligible for continued 
assistance pursuant to Sec.  5.516 and Sec.  5.518. This clarifies the 
two ways assistance may be prorated under Section 214 and HUD's 
implementing regulations for applicants and tenants receiving the 
required notification.
    Public Housing Authorities (PHAs) have certain reporting 
requirements laid out in an Interagency Notice providing guidance for 
compliance with Personal Responsibility Work Opportunity Reconciliation 
Act of 1996 (PRWORA) section 404; this Interagency Notice was published 
on September 28, 2000. See 65 FR 58301 (``2000 Interagency Notice''). 
In the preamble to HUD's May 12, 1999, final rule 24 CFR part 5, 
subpart E, titled ``Revised Restrictions on Assistance to 
Noncitizens,'' 64 FR 25726, HUD explicitly stated that the rule did not 
implement the provisions of PRWORA which concern immigration and that 
such required changes would be the subject of future rulemaking. 
Subsequent revisions to subpart E, however, did not codify PHAs' 
reporting requirement which was later clarified in the 2000 Interagency 
Notice. Additionally, HUD has determined that owners should align with 
PHAs on this PRWORA reporting requirement. Therefore, HUD is proposing, 
through this rulemaking, to add a new Sec.  5.508(e)(2)(vi) providing 
that PHAs or owners, as applicable, may meet reporting requirements by 
conforming with applicable Federal Register Notices, including 
Interagency Notices (such as the 2000 Interagency Notice at 65 FR 
58301), regarding compliance with section 404 of PRWORA. Proposed Sec.  
5.508(d)(4) would require the verification consent form to notify 
individuals that public housing agencies (PHAs) or owners, as 
applicable, must inform DHS immediately whenever personnel determine 
that any member of a household is present in the U.S. in violation of 
the Immigration and Nationality Act. The proposed revision in this rule 
would affirm this longstanding reporting requirement under PRWORA, 
ensuring applicants and existing households have notice of PHAs' 
obligation to comply with section 404 of PRWORA, and provide 
individuals with notice of this obligation on PHAs. HUD is also 
proposing through this rulemaking to extend this requirement to owners 
to create more uniform program requirements.
    Finally, HUD is proposing to reorganize what is currently paragraph 
(f)(2)(iii), and is paragraph (e)(2)(iii) in this proposed rule, by 
moving the last sentence--which requires the notification to include 
information for tenants on how to obtain assistance under Sec. Sec.  
5.516 and 5.518--to a new paragraph (e)(2)(v).
Sec.  5.508(f): When Evidence of Citizenship or Eligible Status Is 
Required To Be Submitted
    Proposed Sec.  5.508(f) (currently Sec.  5.508(g)) concerns when 
applicants and tenants must submit evidence of citizenship or eligible 
status. Because of changes described elsewhere in this preamble, HUD is 
proposing in

[[Page 8157]]

Sec.  5.508(f)(2)(i) that tenants in mixed families and in a Section 
214 covered program who have not previously submitted evidence of 
citizenship or eligible status would be required to do so within 90 
days of the effective date of HUD's final rule for this rulemaking, in 
accordance with program requirements. This change would further the 
goal of this proposed rulemaking to ensure that only U.S. citizens or 
nationals and eligible noncitizens under Section 214 and other relevant 
legal authorities benefit from HUD federal financial assistance.
    Under proposed Sec.  5.508(f)(2)(ii), all other tenants in a 
Section 214 covered program who have not previously submitted evidence 
of citizenship or eligible status would be required to do so at the 
next annual or interim reexamination of income and household 
composition after the effective date of a final rule for this 
rulemaking, in accordance with program requirements. This proposed rule 
would not change the timing of verification for new applicants to a 
Section 214 covered program, see proposed Sec.  5.508(f)(1).
    Existing Sec.  5.508(g)(3), which corresponds to Sec.  5.508(f)(3) 
in this proposed rule, speaks to when new occupants of assisted units 
must submit required evidence and requires submission at the first 
interim or regular reexamination following the person's occupancy. Upon 
reconsideration, HUD has determined that the term ``occupant'' here 
means new family members: Only family members would come to reside in 
an assisted unit as contemplated by existing Sec.  5.508(g)(3). Live-in 
aides and foster adults or children are not considered an ``occupant'' 
for purposes of existing Sec.  5.503(g)(3), nor are live-in aides or 
foster adults or children considered family members for purposes of 
assistance, consistent with HUD's rulemaking implementing sections 102, 
103, and 104 of the Housing Opportunity and Modernization Act of 2016 
(HOTMA 2016 final rule). See 24 CFR 5.603; 88 FR 9600. Therefore, HUD 
proposes to revise the language in proposed Sec.  5.508(f)(3) to read 
``new family member'' instead of ``new occupant.'' New family members 
are treated similar to new applicants, so HUD proposes further 
revisions that would require new family members to submit required 
evidence under Sec.  5.508(b) at the same time that an applicant must 
under proposed Sec.  5.508(f)(1) (existing Sec.  5.508(g)(1)): not 
later than the date the responsible entity anticipates or has knowledge 
that verification of other aspects of eligibility for assistance will 
occur.
    Finally, under proposed Sec.  5.508(f)(5), HUD is proposing 
clarifying language that families must submit required evidence under 
Sec.  5.508(b) for a family member only one time in accordance with 
Sec.  5.508(f) during continuously assisted occupancy under any Section 
214 program. HUD is also proposing new language to clarify that if a 
family member's citizenship or immigration status changes during 
occupancy, the family is required to immediately notify and submit 
evidence of the new citizenship or eligible status to the responsible 
HUD affiliate, grantee, or entity.
Sec.  5.508(g): Extensions of Time To Submit Evidence of Citizenship or 
Eligible Status
    Proposed Sec.  5.508(g) (currently Sec.  5.508(h)) governs 
extensions of time periods under proposed Sec.  5.508(f) (currently 
Sec.  5.508(g)). HUD is proposing technical changes to paragraph (g) to 
align it with changes discussed elsewhere in this preamble, and to add 
language clarifying that, regardless of how many individual family 
members may be granted an extension, the total extension of time 
granted to a family altogether is limited to 30 days. For mixed 
families, this would mean that under proposed Sec.  5.508(f)(2)(i), 
which provides that tenants in mixed families must provide evidence 
required under Sec.  5.508(b) within 90 days of the effective date of a 
future final rule for this rulemaking, and this proposed extension 
provision, individual family members must submit the required evidence 
under Sec.  5.508(b) no later than 120 days after the effective date of 
a future final rule for this rulemaking if any extensions are granted.

Sec.  5.510 Documents of Citizenship and Eligible Immigration Status

    Existing Sec.  5.510 requires responsible entities to request and 
review original or certified copies of documents evidencing citizenship 
and eligible immigration status in accordance with 24 CFR part 5, 
subpart E. It requires responsible entities to maintain photocopies of 
documents and return original or certified copies of documents to 
families, and describes what constitutes acceptable documentation for 
evidence of eligible immigration status.
    Because this rulemaking would require persons declaring to be U.S. 
citizens or nationals to submit documentation for secondary 
verification purposes under proposed Sec.  5.512(d), HUD is proposing 
to add a new paragraph (b) that describes acceptable documentation for 
evidence of U.S. citizenship and U.S. nationality. These would include 
a U.S. birth certificate, a naturalization certificate, a consular 
report of birth abroad (FS-240), a valid unexpired U.S. passport, a 
certificate of citizenship, or other appropriate documentation that HUD 
may specify in guidance. As stated elsewhere in this preamble, primary 
verification would be done by responsible entities through the SAVE 
program under proposed Sec.  5.512(c)(1).Documentation described in 
Sec.  5.510 would become relevant in situations where primary 
verification does not confirm U.S. citizenship, U.S. nationality, or 
immigration status and secondary verification is needed under proposed 
Sec.  5.512(c)(2) and (d).
    HUD is proposing to redesignate existing Sec.  5.510(b) as proposed 
Sec.  5.510(c), and to replace an extraneous cross reference in this 
paragraph to Sec.  5.506(a) with a cross reference to Section 214. 
Existing Sec.  5.510(b) refers to ``categories mentioned in Sec.  
5.506(a),'' but Sec.  5.506(a) does not list categories of eligible 
immigration status; it provides a further cross reference to Section 
214's categories. Therefore, HUD is proposing in 5.510(c) to, as Sec.  
5.506(a) does, directly refer to ``the categories [of eligible 
immigration status] set forth in Section 214 (42 U.S.C. 1436a(a)).''
    HUD is also proposing to replace the phrase ``acceptable evidence'' 
with ``acceptable documentation'' in certain instances in proposed 
Sec.  5.510. This clarifies that a document alone is not necessarily 
sufficient to provide evidence of U.S. citizenship, U.S. nationality, 
or eligible immigration status under HUD's regulations. For example, 
under proposed Sec.  5.508(b)(2), evidence for noncitizens also 
consists of a signed declaration and signed verification consent form 
in addition to documentation. Corresponding edits have been made 
throughout HUD's proposed regulations.

Sec.  5.512 Verification of Citizenship and Eligible Immigration Status

    HUD is proposing substantive changes to 24 CFR 5.512 discussed in 
this section of the preamble, as well as technical changes for 
consistency with changes discussed in other sections in this preamble. 
HUD is proposing changes to Sec.  5.512 to remove outdated procedures 
and information related to INS verification procedures and replace them 
with procedures where responsible entities (PHAs and owners) would 
primarily use the DHS/USCIS administered SAVE program.
    HUD's existing regulations use the terms ``primary verification'' 
and ``secondary verification'' to describe

[[Page 8158]]

HUD verification procedures that rely on outdated INS processes. HUD is 
retaining the terms ``primary verification'' and ``secondary 
verification'' in this proposed rule but uses them to refer to HUD's 
proposed verification procedures as outlined in this proposed 
rulemaking.
    Finally, as explained in more detail below, some proposed HUD 
verification procedures apply for both categories of (1) U.S. 
citizenship, including U.S. nationality, and (2) eligible immigration 
status, and some verification procedures are specific to one of these 
categories depending on which of these categories an individual is 
declaring for eligible status.
Sec.  5.512(c): Primary Verification of U.S. Citizenship, U.S. 
Nationality, or Eligible Immigration Status
    Under this proposed rule, ``primary verification'' would be the 
first step in HUD's verification procedure and would involve 
responsible entities' use of the DHS/USCIS administered SAVE program. 
Following responsible entities' receipt of evidence that individuals 
must submit under proposed Sec.  5.508(b), proposed Sec.  5.512(c)(1) 
would require responsible entities to submit biographic information 
(first name, last name, and date of birth) and approved government-
issued identifiers, including a Social Security Number, to SAVE for 
verification of citizenship or immigration status.\38\ The procedure 
under proposed Sec.  5.512(c)(1) relies on SAVE's automated response 
system and ``verifies User Agency-provided information against DHS-
accessed records, including immigration and U.S. citizenship records.'' 
\39\ Proposed Sec.  5.512(c)(1) is applicable for both categories of 
U.S. citizenship, including U.S. nationality, and eligible immigration 
status. The automated response from SAVE would indicate whether the 
individual is a U.S. citizen or U.S. national or not, or the 
individual's immigration status. The responsible entity would use this 
automated response to determine the results for HUD's primary 
verification procedure (some eligible status regardless of category is 
confirmed, or no eligible status is confirmed). If eligible status is 
confirmed through this primary verification procedure, the verification 
process concludes and the individual's status is verified as eligible 
for Section 214 eligibility purposes.
---------------------------------------------------------------------------

    \38\ The USCIS SAVE User Reference Guide is at https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide.
    \39\ https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/8-case-creation. HUD as the User-Agency 
provides access to PHAs and owners to use SAVE.
---------------------------------------------------------------------------

    Section 214(d)(4)(A)(i) provides, among other things, that if 
required documentation is presented but not verified, the applicable 
Secretary must provide a reasonable opportunity not to exceed thirty 
days to submit further evidence indicating a satisfactory immigration 
status. HUD's existing regulations specify that if primary verification 
does not confirm eligible status of any kind, responsible entities must 
perform ``secondary verification.'' HUD is proposing to maintain this 
two-step structure for HUD's verification procedure under this proposed 
rule. Proposed Sec.  5.512(c)(2) states that if SAVE does not initially 
confirm U.S. citizenship, U.S. nationality, or eligible immigration 
status or confirms a status that is ineligible, the responsible entity 
must perform secondary verification pursuant to Sec.  5.512(d).
Sec.  5.512(d): Secondary Verification
    Proposed Sec.  5.512(d) describes HUD's proposed secondary 
verification procedures. Under this proposed rule, whenever primary 
verification fails to confirm eligible status, secondary verification 
would be necessary as a second step in HUD's proposed verification 
procedure. This requirement would apply regardless of the category of 
status at issue.
Sec.  5.512(d)(1): Notice Following Primary Verification
    Under this proposed rule, to begin secondary verification 
procedure, a responsible entity would need to provide notice of the 
results of primary verification and include other information in this 
notice. Proposed Sec.  5.512(d)(1) describes HUD's proposed notice 
requirements and would apply regardless of the category of status at 
issue (citizenship, including nationality, versus eligible immigration 
status). Proposed Sec.  5.512(d)(1) would require responsible entities 
to provide notice to individuals that must:

--Be in writing;
--Inform the person of the results of primary verification for their 
case and describe the need for secondary verification;
--Identify whether any acceptable documentation under Sec.  5.510(b) 
and/or additional information is needed for secondary verification, and 
include notice of any requested deadlines; and
--Notify the person of the ability to pursue at any point in the 
verification process a records correction with any agency that issued 
or maintains records and original or certified copies of documents 
relevant to verification.

    Applicants and tenants will not be inputting information into SAVE 
or reviewing SAVE's responses; responsible entities will be doing this 
instead. HUD has thus determined that providing notice to individuals 
between the primary and secondary verification steps would help ensure 
that responsible entities and individuals know what further documents 
and information are needed and why. Additionally, in circumstances 
involving verification of immigration status, the responsible entity 
must submit an additional verification request to SAVE within 30 days 
of the results of primary verification under proposed Sec.  
5.512(d)(3); therefore, the notice should note whether this 
circumstance applies and the date by which an individual should submit 
needed documents and information to the responsible entity.
    Additionally, providing information on how to correct documents and 
records between HUD's primary and secondary verification processes 
helps ensure that secondary verification proceeds using the most 
accurate and updated documents and information. This would help prevent 
further delays or inaccurate results related to verification of 
citizenship or immigration status.
Sec.  5.512(d)(2): Secondary Verification of U.S. Citizenship and U.S. 
Nationality
    Proposed Sec.  5.512(d)(2) specifies procedures for secondary 
verification of U.S. citizenship, including U.S. nationality. As 
explained earlier in this rulemaking, an individual declaring U.S. 
citizenship or U.S. nationality would not need to provide documentation 
with the submission of evidence required under proposed Sec.  
5.508(b)(1); documentation is not necessarily needed to complete 
primary verification under this proposed rule, because responsible 
entities would simply enter information into SAVE and receive an 
automated response. However, if the automated SAVE response does not 
confirm U.S. citizenship or produces a result that an individual 
disagrees with or is otherwise problematic, further information would 
be needed to continue review of a person's citizenship or nationality. 
Therefore, HUD is proposing in Sec.  5.512(d)(2)(i) to require 
individuals contending U.S. citizenship or U.S. nationality to provide 
acceptable documentation as described in proposed Sec.  5.510, and any 
needed additional information not in a

[[Page 8159]]

document format, at the secondary verification step of HUD's 
verification procedure.
    Currently, SAVE has limitations on the types of documents and 
information it can review,\40\ and certain information and 
documentation that could be provided by individuals as evidence of U.S. 
citizenship or U.S. nationality are not currently usable in SAVE or by 
the SAVE program. For example, at the time of the writing of this 
proposed rule, SAVE cannot review or process birth certificates or U.S. 
passports, but can review or process naturalization and citizenship 
certificates. Therefore, two avenues are needed at the secondary 
verification step for cases involving U.S. citizenship or U.S. 
nationality: one that accounts for documents SAVE can review and 
process, and one that accounts for documents SAVE cannot review and 
process at this time. Additionally, SAVE is an evolving program with an 
evolving system which may be able to utilize certain information or 
documents in the future, so HUD is seeking to provide enough 
flexibility in its regulations to account for changes in SAVE's 
capabilities.
---------------------------------------------------------------------------

    \40\ Id.; see also https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/9-case-response/92-additional-verification.
---------------------------------------------------------------------------

    HUD is proposing in Sec.  5.512(d)(2)(ii) to require responsible 
entities to review additional information and acceptable documentation 
provided by individuals. This review, in conjunction with guidance that 
HUD would issue, would assist the responsible entity with determining 
which avenue it must take depending on the acceptable documentation as 
defined by HUD in Sec.  5.510(b) and other information an individual 
provides related to U.S. citizenship or U.S. nationality. In cases 
where SAVE cannot review or process the documentation an individual 
provides, such as a birth certificate from a U.S. state or a valid 
unexpired U.S. passport, the responsible entity would review the 
document to confirm it is authentic and an original or a certified 
copy. The responsible entity would use the result of this review to 
complete HUD's verification procedure and make a Section 214 
eligibility determination.
    In cases where SAVE can review or process the document an 
individual provides, proposed Sec.  5.512(d)(2)(iii) would be 
applicable. Proposed Sec.  5.512(d)(2)(iii) states that the responsible 
entity must, if applicable as specified in HUD guidance, request 
additional verification through the SAVE program. ``Additional 
verification'' describes a SAVE-specific procedure that utilizes 
various approaches such as manual processes, manual record searches, 
and electronic processes, including resubmission with new information 
and documents.\41\ The result of the SAVE-specific additional 
verification process would indicate whether the individual is a U.S. 
citizen or U.S. national or not. The responsible entity would use this 
result to conclude HUD's verification procedure and a Section 214 
eligibility determination.
---------------------------------------------------------------------------

    \41\ https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/8-case-creation; see also https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/9-case-response/92-additional-verification.
---------------------------------------------------------------------------

    HUD intends the use of the phrase ``as applicable as specified in 
HUD guidance'' in proposed Sec.  5.512(d)(2)(iii) to capture SAVE's 
evolving capabilities: If in the future SAVE becomes capable of 
processing certain citizenship and nationality documents that it 
currently cannot process, HUD would update its guidance for responsible 
entities accordingly. This guidance may provide information on how to 
proceed depending on the documentation and information received by 
responsible entities from individuals declaring U.S. citizenship or 
U.S. nationality, when to request additional verification through the 
SAVE program, and what responsible entities should do in situations 
where secondary verification fails.
    Because of the limitations with the SAVE program and the potential 
need for manual record searches, which may take significant time, HUD 
is not proposing to require a time by which a responsible entity must 
submit the request for additional verification of U.S. citizenship 
status through the SAVE program. This differs from HUD's proposed 
regulations for secondary verification of eligible immigration status, 
as explained in the next section of this preamble.
Sec.  5.512(d)(3): Secondary Verification of Eligible Immigration 
Status
    HUD's existing regulations at 24 CFR 5.512(d) speak to secondary 
verification of eligible immigration status and require a manual search 
of DHS records. The responsible entity must request secondary 
verification within 10 days of receiving the results of primary 
verification, and secondary verification is initiated when the 
responsible entity forwards photocopies of the original documents 
required for the immigration status declared by an individual. HUD is 
proposing to remove these outdated regulations and replace them with 
provisions that incorporate the DHS/USCIS-administered SAVE program. 
HUD's regulations would continue to use the term ``secondary 
verification'' to describe this step in HUD's proposed verification 
procedure, and proposed Sec.  5.512(d)(3) would speak to secondary 
verification of eligible immigration status. SAVE's capabilities 
include review of immigration documents and information such as 
government-issued numeric identifiers. Therefore, for secondary 
verification of eligible immigration status, HUD is proposing that the 
responsible entity must request additional verification in the SAVE 
program within thirty (30) days of notification of the results of 
primary verification.
    HUD is proposing to require a thirty-day deadline for responsible 
entities to request additional verification through SAVE because 
Section 214(d)(4)(A)(i) specifies that individuals have thirty (30) 
days to provide evidence indicating a satisfactory immigration status 
if initial submission and review of evidence does not verify eligible 
immigration status. HUD does not propose this same deadline for 
responsible entities' requests for additional verification of U.S. 
citizenship or U.S. nationality under proposed Sec.  5.512(d)(2) for 
the reasons described earlier in this preamble.
    Again, ``additional verification'' describes a SAVE-specific 
procedure that utilizes various approaches such as manual processes, 
manual record searches, and electronic processes, including 
resubmission with new information and documents.\42\ The result of the 
SAVE-specific additional verification process would indicate the 
person's immigration status. The responsible entity would use this to 
conclude HUD's verification procedure and make a Section 214 
eligibility determination.
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    \42\ https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/8-case-creation; see also https://www.uscis.gov/save/current-user-agencies/guidance/save-user-reference-guide/9-case-response/92-additional-verification.
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Sec.  5.512(e): Failure To Confirm Citizenship or Eligible Immigration 
Status
    As is the case under HUD's existing 24 CFR 5.512(d)(3) for eligible 
immigration status, proposed Sec.  5.512(e) states that if primary and 
secondary verification do not confirm U.S. citizenship or eligible 
immigration status or confirm an ineligible immigration status, the 
responsible entity must provide the notice of denial or termination of 
assistance under Sec.  5.514(d). As explained later in this

[[Page 8160]]

preamble, HUD is proposing to remove Sec.  5.514(e) regarding appeals 
to the INS; therefore, HUD seeks to clarify in proposed Sec.  5.512(e) 
that the notice of denial or termination must specify that individuals 
may seek a records correction with any agency that issued documents or 
maintains records relevant to the individual's verification of eligible 
status. The notice must also specify that individuals would be able to 
contest failed verifications of citizenship to HUD under the informal 
hearing process under proposed Sec.  5.514(e). Informal hearings are 
currently in HUD's regulations at existing Sec.  5.514(f) but are the 
subject of proposed changes in this rulemaking.

Sec.  5.514 Delay, Denial, Reduction, or Termination of Assistance

    HUD is proposing substantive changes to Sec.  5.514 as explained in 
this section of the preamble, and technical changes throughout Sec.  
5.514 to update terminology and for consistency with changes discussed 
elsewhere in this preamble.
Sec.  5.514(c): Events Causing Denial or Termination of Assistance
    As discussed previously in this preamble, HUD is proposing to 
require persons who declare U.S. citizenship to submit, a signed 
declaration and verification consent form, see proposed Sec.  5.508(b); 
and, for secondary verification, to require these persons to submit 
documentation and to have responsible entities review those documents 
and, in some cases, institute secondary verification in SAVE. See 
proposed 24 CFR 5.512(d)(2). As discussed later in this preamble, HUD 
is proposing to remove the outdated INS appeal provision under Sec.  
5.514(e). Therefore, HUD is proposing to revise existing Sec.  
5.514(c)(1)(ii). Proposed paragraphs (c)(1)(ii) would permit denial or 
termination of assistance when evidence of U.S. citizenship or eligible 
immigration status is timely submitted, but HUD has determined that 
following primary and secondary verification the individual seeking 
benefits has not been able to have their status as a U.S. citizenship 
or eligible immigration status of a family member verified. In those 
situations, HUD may determine that denial or termination of assistance 
would be appropriate only if a family does not pursue informal hearing 
rights under proposed Sec.  5.514(f), or the family pursues an informal 
hearing but the decision is against the family.
    HUD is also proposing to remove the existing last sentence of Sec.  
5.514(c)(1)(iii) and replace it with new language. Paragraph 
(c)(1)(iii) provides that a responsible entity must deny or terminate 
an applicant or tenant's assistance if the responsible entity 
determines that a family member has knowingly permitted a person 
ineligible for assistance to permanently reside in the family member's 
assisted unit, and termination must be for at least 2 years. The last 
sentence of paragraph (c)(1)(iii) exempts application of this provision 
if the ineligible person was considered in calculating any prorated 
assistance for the family, which is possible under HUD's current ``do 
not contend'' provision in existing Sec.  5.508(e). Because HUD is 
proposing through this rulemaking to remove the ``do not contend'' 
provision, the last sentence of Sec.  5.514(c)(1)(iii) is not 
necessary. However, to account for families that were receiving 
assistance under a Section 214 covered program on February 5, 1988, who 
may be eligible for preservation assistance, HUD is proposing to add a 
new last sentence to Sec.  5.514(c)(1)(iii) stating, ``This provision 
does not apply to families eligible for continued assistance pursuant 
to Sec.  5.516 and Sec.  5.518.''
Existing Sec.  5.514(e): Appeal to the INS
    HUD's existing regulations under 24 CFR 5.514(e) provide families 
with thirty (30) days to appeal to the INS when secondary verification 
fails to confirm eligible immigration status. This provision is 
outdated, reflects procedures that existed before the SAVE program was 
utilized by HUD, and does not account for U.S. citizenship 
verification. As stated previously in this preamble, at the time of 
enactment of Section 214, verification of eligible immigration status 
was a manual, paper-driven process that could take days or even weeks 
to complete. This is reflected in existing Sec.  5.514(e), which 
requires, among other things, submission of paper copies of INS 
documents such as the form G-845S, which is no longer in use. SAVE's 
results are often instantaneous and are driven by electronic and 
automated processes. SAVE does not offer an appeal process, and the 
SAVE program does not issue or maintain immigration documents and 
records, but secondary verification permits users to address issues 
with initial SAVE responses. Additionally, individuals may seek a 
records correction with any agency that issued or maintains a record or 
document relevant to a person's verification at any time during SAVE's 
processes (see proposed Sec. Sec.  5.512(d)(1) and 5.514(d)(4)). To 
remove outdated procedures and align with how responsible entities 
would use the contemporary SAVE program, HUD is proposing to remove 
Sec.  5.514(e) (and to redesignate existing paragraphs (f) through (i) 
as paragraphs (e) through (h)) and direct responsible entities to the 
secondary verification procedure as outlined in this rulemaking.
    This proposed change would further streamline HUD's verification 
process. Proposed Sec. Sec.  5.512(d)(1) (regarding a new notice that 
responsible entities would provide to individuals after primary 
verification fails) and 5.514(d)(4), which would amend existing notice 
requirements for the notice of denial or termination of assistance, 
would require responsible entities to notify individuals that a person 
may correct, at any time during verification, a record with any agency 
that issued or maintains records and/or documents relevant to a 
person's verification of U.S. citizenship or eligible immigration 
status. If persons do correct their documents after primary 
verification fails, secondary verification under proposed Sec.  
5.512(d)(2) or (3) would proceed using corrected or updated information 
and documentation. This would address record or document inaccuracies 
and other issues earlier in the verification process, compared to HUD's 
existing regulations which permit appeals to the INS only after 
secondary verification fails. If record corrections are needed but do 
not occur prior to secondary verification, an individual that receives 
a notice of denial of assistance may seek a records correction and then 
submit a new application for assistance with corrected records and 
documentation. This aligns with the goal of this rulemaking to ensure 
that assistance only goes to individuals in a verified status while 
permitting the flexibility needed to address errors with records and 
documents.
Sec.  5.514(e): Informal Hearing
    Existing Sec.  5.514(f) provides that a family may request that the 
responsible entity provide a hearing within 30 days of receiving the 
notice required under Sec.  5.514(d). Again, HUD's existing regulations 
speak to outdated INS appeal procedures and only speak to verification 
of eligible immigration status. As explained earlier in this preamble, 
HUD is proposing through this rulemaking to require: persons declaring 
to be U.S. citizens to submit evidence under Sec.  5.508(b)(1) for 
primary verification through the SAVE program; to require those persons 
to submit additional documentation for secondary verification purposes 
under Sec.  5.512(d)(2); and for responsible entities to review that 
documentation for U.S. citizenship secondary

[[Page 8161]]

verification purposes under Sec.  5.512(d)(2). HUD is therefore 
proposing to update Sec.  5.514(f)(1) to incorporate verification of 
U.S. citizenship. Proposed Sec.  5.514(f)(1) provides that, for cases 
involving U.S. citizenship verification and cases involving eligible 
immigration status verification, a family may request that a 
responsible entity provide an informal hearing within 30 days of the 
family receiving notice under Sec.  5.514(d) regarding denial or 
termination of assistance. Further, because HUD is proposing to remove 
existing Sec.  5.514(e) regarding INS appeals, HUD is proposing to 
remove the language in existing Sec.  5.514(f)(1) permitting requests 
for an informal hearing to be made ``in lieu of request of appeal to 
the INS.'' The effect of these changes would be that a family may 
request an informal hearing upon receipt of the notice under Sec.  
5.514(d), which, under this proposed rule, a responsible entity would 
provide to a family only after the conclusion of all secondary 
verification procedures under Sec.  5.512(d). The notice under Sec.  
5.514(d) would also remind individuals that they may seek records 
corrections with agencies that issued or maintain documents and records 
at this time; doing so would not preclude them from requesting a formal 
hearing. This would further streamline HUD's verification process and 
provide for informal hearings after thorough use of administrative 
means to address inaccuracies or concerns that arise during primary and 
secondary verification.
    Proposed Sec.  5.514(g) (based on existing Sec.  5.514(h)) contains 
minor changes to require responsible entities, as applicable, to retain 
photocopies of original, certified copies, and corrected U.S. 
citizenship and immigration status records and documents under the 
document retention requirements in existing Sec.  5.514(h), and removes 
existing paragraphs (h)(6) and (7), which refer to INS appeals and the 
final INS determination resulting from that appeal.

Sec.  5.516 Availability of Preservation Assistance to Tenant Families

    HUD is proposing to remove paragraph (a)(1)(iii) in Sec.  5.516, 
which provides for prorated assistance under Sec.  5.520 as 
preservation assistance for mixed families who request prorated 
assistance, because proration of assistance at the end of the temporary 
deferral period would no longer be an option under this proposed rule. 
For consistency, HUD is proposing to remove language throughout 24 CFR 
part 5, subpart E, that referred to this type of prorated assistance as 
preservation assistance for mixed families.
    HUD is also proposing to make technical changes throughout Sec.  
5.516 to update terminology and for consistency with changes discussed 
elsewhere in this preamble.

Sec.  5.518 Types of Preservation Assistance Available to Tenant 
Families

    HUD is proposing changes to Sec.  5.518 that would conform this 
section to changes made throughout the rest of this proposed rule. For 
example, proposed Sec.  5.518(a) would provide that a mixed family may 
receive prorated continued assistance if all the conditions in 
paragraphs (a)(1)(i)-(iii) are met, and a mixed family assisted under 
the Section 236 program must be provided prorated continued assistance 
if the family meets specific conditions. Paragraph (a)(ii) already 
provides that one of the conditions is that the family's head of 
household or spouse has eligible immigration status as described in 
Sec.  5.506. HUD is proposing to clarify this language by stating that 
the family's head of household or spouse must be ``a U.S. citizen, a 
national of the United States, or [have] eligible immigration status as 
described in Sec.  5.506,'' which aligns with the statutory language of 
Section 214.\43\
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    \43\ Section 11 of the RIA accompanying this rulemaking 
discusses the impacts of this rulemaking on mixed families, 
including families with eligible children, families with eligible 
parents, and households with ineligible adults who are not parents 
but eligible immediate family members. Section 11.1 of the RIA 
discusses the estimated availability and impact of preservation 
assistance for mixed families in more detail, and section 11.2 of 
the RIA discusses the potential range of effects of this rulemaking 
on mixed families depending on which family members are eligible for 
assistance (parents versus children, etc.) and the choices made by 
household members in response to the rulemaking's requirements.
---------------------------------------------------------------------------

    HUD is also proposing to remove the last sentence of Sec.  
5.518(b)(1), which defines the phrase ``other affordable housing'' as 
meaning housing that is not substandard, that is of appropriate size 
for the family, and that can be rented for an amount not exceeding the 
amount that the family pays for rent, including utilities, plus 25 
percent. This meaning applies in the context of the transition of an 
ineligible family from a rent level that reflects HUD assistance to a 
rent level that is unassisted. This language is not in the statute and 
would effectively preclude families eligible for temporary deferral 
from finding other affordable housing as defined in existing Sec.  
5.518(b)(1), based on the average Total Tenant Payment for Section 8 
project-based rental assistance residents for part of 2024.\44\
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    \44\ See TTP Distribution % section here: https://www.hud.gov/sites/default/files/Housing/documents/Tenant_Characteristics_Rpt12312024.pdf. The majority (57.97%) of 
Section 8 PBRA families pay less than $350 per month in rent.
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    HUD is proposing to add a new paragraph (b)(6) to Sec.  5.518 that 
would clarify that the assistance a family would receive while 
benefiting from temporary deferral of termination of assistance would 
be prorated in accordance with the methodology in Sec.  5.520. HUD's 
current regulations specify that assistance shall be prorated for 
continued assistance but are silent as to the assistance a family 
receives during temporary deferral of termination of assistance. This 
proposed change addresses this inadvertent omission, is consistent with 
Section 214, and creates consistency between the forms of preservation 
assistance under this proposed rule.
    HUD is also proposing to remove existing Sec.  5.518(c) (and 
redesignate existing paragraph (d) as (c)), which provides mixed 
families with the option to request prorated assistance following the 
end of the temporary deferral period, because this type of prorated 
assistance would no longer be an option under this proposed rule.

Sec.  5.520 Proration of Assistance

    HUD is proposing to revise Sec.  5.520(a)(1) to provide that 
prorated assistance under Sec.  5.520 applies to families with at least 
one family member who has U.S. citizenship, U.S. nationality, or 
eligible immigration status pending final verification, including any 
secondary verification or informal hearing procedures under Sec. Sec.  
5.512(d) and 5.514(e), of the status of other family members. This 
change more closely aligns HUD's regulations with the statute and 
conforms with other changes HUD is proposing. HUD is also proposing to 
revise Sec.  5.520(a)(2). Under Section 214 as amended, continued 
assistance for eligible families must be prorated based on the 
percentage of the total number of members of the family that are 
eligible for that assistance under a covered housing program and 
Section 214.\45\ The proposed language for Sec.  5.520(a)(2) would 
clarify this requirement by

[[Page 8162]]

stating that continued assistance under Sec.  5.518 must be prorated.
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    \45\ As explained in an interim final rule published by HUD on 
November 29, 1996, 61 FR 60535, this requirement stems from 
amendments made to Section 214 by the Use of Assisted Housing by 
Aliens Act of 1996 (Title V, Subtitle E of the Illegal Immigration 
Reform and Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 
3009, approved September 30, 1996).
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    HUD is further proposing technical changes throughout Sec.  5.520 
to update terminology and for consistency with changes discussed 
elsewhere in this preamble. Specifically, HUD is proposing to revise 
paragraph (a) to specify that the proration methodology in Sec.  5.520 
applies to ``preservation assistance,'' meaning both continued 
assistance and temporary deferral of termination of assistance. This 
change would be consistent with changes made to Sec.  5.518, discussed 
earlier in this preamble. HUD is also proposing to revise paragraph (b) 
to discuss only the method of proration for the Section 236 program, 
and to remove the outdated paragraphs related to other Housing programs 
that are no longer in effect. HUD is also proposing to add a 
parenthetical to proposed Sec.  5.520(b)(2)(ii) to clarify that the 
housing assistance payment discussed in that paragraph is equal to the 
unit's gross rent minus the family's total tenant payment, pursuant to 
24 CFR 5.628.

Sec.  5.522 Prohibition of Assistance to Noncitizen Students

    Section 5.522(a) prohibits the application of continued assistance 
or temporary deferral of termination of assistance under Sec. Sec.  
5.516 and 5.518 to persons determined to be a noncitizen student under 
the statutory text of Section 214. HUD is proposing to remove the 
second sentence of existing Sec.  5.522(a) and to remove Sec.  
5.522(b)(2), which provide, respectively, that a family of a noncitizen 
student may be eligible for prorated assistance under Sec.  5.522(b), 
and that the prohibition in paragraph (a) does not extend to the 
citizen spouse of the noncitizen student and their children. HUD is 
proposing to retain the other language in paragraphs (a) and (b), which 
contains the prohibition and its extension to noncitizen spouses of the 
noncitizen student and children accompanying or following to join the 
student. These proposed changes more closely align HUD's regulations 
with the statutory text of Section 214.
Technical Changes
    HUD is proposing some technical changes to the regulations to 
further conform to Section 214 statutory requirements. For example, HUD 
is proposing to remove references to programs that are no longer in 
effect. There are no remaining Rent Supplement contracts under Section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), 
so HUD is proposing to remove paragraph (a)(3) from 24 CFR 5.500, which 
applies HUD's regulations that restrict Federal financial assistance 
for noncitizens to the Rent Supplement Program, and to remove language 
throughout 24 CFR part 5, subpart E, that references rent supplements 
under this program. Section 401(d) of the 1987 HCD Act terminated HUD's 
authority to provide insurance or assistance payments to mortgagees 
under Section 235 of the National Housing Act (12 U.S.C. 1715z), so HUD 
is proposing to remove paragraph (a)(1) from 24 CFR 5.500 and to remove 
language throughout 24 CFR part 5, subpart E, that references the 
Section 235 Program. Any existing Section 235 Program mortgages will be 
governed by the requirements in place at the time HUD endorsed the 
contract for insurance or made the commitment to provide assistance 
payments.\46\ Finally, HUD is also proposing to remove language 
throughout 24 CFR part 5, subpart E, that references rental assistance 
payments related to Section 236 projects as there are no longer any 
such payments under the Section 236 program.
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    \46\ See 80 FR 18095 (Apr. 3, 2015) (``To the extent that any 
Section 235 mortgages remain in existence, or second mortgages for 
the recapture of subsidy payment pursuant to HUD's regulations 
governing the Section 235 Program (which was reserved by regulatory 
streamlining in 1995), the removal of these regulations does not 
affect the requirements for transactions entered into when Section 
235 Program regulations were in effect.'').
---------------------------------------------------------------------------

    Further, HUD is proposing to add ``U.S. citizen'' or 
``citizenship'' throughout 24 CFR part 5, subpart E where HUD's 
regulations discuss submission of required ``evidence for eligible 
status'' or ``eligible immigration status,'' because HUD is proposing 
through this rulemaking to require submission of a signed verification 
consent form--in addition to the already-required signed declaration--
from individuals declaring to have U.S. citizenship or U.S. nationality 
under proposed Sec.  5.508(b)(1); and to require submission of 
acceptable documentation evidence of U.S. citizenship or U.S. 
nationality as described in proposed Sec.  5.510(b) for secondary 
verification under proposed Sec.  5.512(d). For example, see proposed 
Sec.  5.508(f)-(g), which describe requirements related to timing for 
when applicants and tenants must provide required evidence of 
citizenship or eligible immigration status.
    Relatedly, this proposed rule permits persons undergoing 
citizenship verification processes to request an informal hearing under 
proposed Sec.  5.514(e)(1); therefore, provisions speaking to the 
informal hearing process through 24 CFR part 5, subpart E, are proposed 
to be updated to include reference to U.S. citizenship.
    Finally, HUD is proposing to add clarifying language to its 
regulations providing that prorated assistance to an applicant or 
tenant under Sec.  5.520 is only permissible ``pending final 
verification, including any procedures under Sec. Sec.  5.512(d) and 
5.514(e),'' on the eligibility of family members. This clarifies the 
statutory requirement that prorated assistance that is not continued 
assistance must only be provided when at least one family member's U.S. 
citizenship or eligible immigration status has been verified and no 
other family member's ineligibility has been affirmatively established.

IV. Severability

    HUD seeks input from the public on whether and how the provisions 
of the proposed rule would operate independently of each other in the 
event that this rule or any portion of this rule is ultimately declared 
invalid or stayed by a court as to a particular program. After 
consideration of the comments, HUD intends at the final rule stage to 
articulate its opinion regarding the interoperability and severability 
of these provisions.

V. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Under Executive Order 12866 (Regulatory Planning and Review), a 
determination must be made whether a regulatory action is significant 
and, therefore, subject to review by the Office of Management and 
Budget (OMB) in accordance with the requirements of the order. 
Executive Order 13563 (Improving Regulations and Regulatory Review) 
directs executive agencies to analyze regulations that are ``outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.'' Executive Order 13563 also directs that, where relevant, 
feasible, and consistent with regulatory objectives, and to the extent 
permitted by law, agencies are to identify and consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public.
    This rule was determined to be a ``significant regulatory action'' 
as defined in section 3(f) of Executive Order 12866 (although not an 
economically significant regulatory action under section 3(f)(1) of the

[[Page 8163]]

Executive Order). HUD has prepared a cost benefit analysis that 
addresses the costs and benefits of the proposed rule. The cost 
analysis is part of the docket file for this rule.

Executive Order 14192, Regulatory Costs

    Executive Order 14192, ``Unleashing Prosperity Through 
Deregulation,'' was issued on January 31, 2025. Section 3(c) of 
Executive Order 14192 requires that any new incremental costs 
associated with new regulations shall, to the extent permitted by law, 
be offset by the elimination of existing costs associated with at least 
10 prior regulations. This rule is an immigration-related rule that is 
expressly exempt from the requirements of Executive Order 14192.

Environmental Impact

    The proposed rule does not direct, provide for assistance or loan 
and mortgage insurance for, or otherwise govern or regulate, real 
property acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction or establish, revise or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
proposed rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The proposed 
regulatory amendments to HUD's noncitizen requirements will have only a 
minimal impact on small housing project owners, small mortgagees, and 
small housing agencies. The majority of PHAs and project (housing) 
owners have few mixed families, if any. In 2024, the share of PHAs 
where 95 percent or more of their assisted households are non-mixed is 
92 percent. The share is even higher for housing owners--97 percent of 
owners have mixed families representing less than five percent of their 
assisted households. At this time, HUD is unable to provide an accurate 
estimate of small PBRA owners because we do not always know whether 
there is a corporate structure behind an individual owner.
    Further, the proposed amendments would require primary verification 
of citizenship and eligible immigration status through the same 
process: Inputting information into SAVE for an automated response. A 
responsible entity's collection and review of appropriate documentation 
for U.S. citizenship or U.S. nationality would be limited to instances 
of secondary verification. As explained elsewhere in this preamble and 
in the Regulatory Impact Analysis for this proposed rule, the burden on 
existing tenants, families, future applicants, and responsible entities 
is estimated to be low, even where existing individuals have not 
submitted any documentation for verification purposes. Some of the 
proposed requirements could also be satisfied using existing 
procedures. For example, the proposed rule would require that the 
eligible immigration status of all noncitizens in Section 214 covered 
programs, regardless of age, be verified through responsible entities 
utilizing the DHS/USCIS SAVE program. The extension of this requirement 
to individuals 62 years of age and older can be fulfilled by utilizing 
existing verification procedures. Furthermore, although the proposed 
rule would revise eligibility for prorated assistance, current methods 
would be used to calculate the prorated assistance provided to an 
eligible family.
    Notwithstanding HUD's determination that this rule will not have a 
significant effect on a substantial number of small entities, HUD 
specifically invites comments regarding any less burdensome 
alternatives to this rule that will meet HUD's objectives as described 
in this preamble.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on State and local 
governments, and is not required by statute, or preempts State law, 
unless the agency meets the consultation and funding requirements of 
section 6 of the Executive order. This proposed rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on State and local governments nor preempt state law 
within the meaning of the Executive order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
(UMRA) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and on the private sector. This proposed rule does not 
impose a Federal mandate on any State, local, or tribal government, or 
on the private sector, within the meaning of UMRA.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520) (``PRA''), an agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless the collection displays a currently valid OMB control number. 
The information collection requirements contained in this proposed rule 
have been approved by OMB under the Paperwork Reduction Act and 
assigned OMB control number 2577-0295.
    HUD's current regulations do not require submission of any 
documentation for citizenship verification purposes, unlike eligible 
immigration status where HUD's regulations require submission of 
documentation for eligible status verification. This proposed rule 
would change HUD's regulations to require each family member in tenant 
families who have not yet submitted evidence of citizenship or eligible 
immigration status, and applicants who are declaring they have U.S. 
citizenship, to submit evidence in accordance with Sec. Sec.  5.508 and 
5.512 to responsible entities (mortgagors, project or housing owners, 
and PHAs). While this may impose some burden on existing tenants in HUD 
housing who have previously elected the ``do not contend'' provision, 
have submitted no documentation to date, have documentation proving 
their eligibility, and wish to continue to receive HUD assistance, the 
number of these existing tenants is low and the related burdens are 
thus relatively low, for tenants, families, and responsible 
entities.\47\ Nor does HUD anticipate this proposed requirement to 
impose significant burden for existing tenants and future applicants 
under Section 8 and Public Housing covered programs who have previously 
declared or declare either citizenship or eligible immigration 
status.\48\ PHAs already typically receive a birth certificate, 
passport, or some other identity verification document for deductions, 
program eligibility, and other purposes. Under this proposed rule, 
responsible entities would also be required to

[[Page 8164]]

collect and review citizenship evidence documents submitted by all 
applicants and tenants declaring to be U.S. citizens, and to review 
those documents to verify U.S. citizenship. Again, for Section 8 and 
Public Housing covered programs, responsible entities generally already 
receive and review this documentation for eligibility determinations 
and other purposes. As explained in the Regulatory Impact Analysis for 
this rulemaking, an estimated 99% of existing tenants who are U.S. 
citizens or U.S. nationals have been verified by PHAs (and owners). 
Finally, this proposed rule would require that notification of Section 
214 requirements, verification consent forms, notification of any 
failures to confirm primary verification, and notification of any 
denials or terminations of assistance be provided to applicants and 
tenants declaring to be U.S. citizens and noncitizens, as applicable.
---------------------------------------------------------------------------

    \47\ The Regulatory Impact Analysis for this proposed rule 
estimates this number of affected tenants to be 730.
    \48\ The Regulatory Impact Analysis for this proposed rule 
estimates that 1.05 percent of existing tenants with eligible status 
have not provided documentation for another purpose which could be 
used to verify this status.
---------------------------------------------------------------------------

    The burden of the information collections in this proposed rule is 
estimated as follows:

                                             Tabulation of One-Time Reporting Burden for Existing Residents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Burden hour     Total     Hourly cost
                      Information collection                          Number of     Frequency of       per         burden        per        Total cost
                                                                    respondents *     response       response      hours       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 8 Housing Choice Vouchers................................          11,990               1         1.25       14,988          $52        $779,350
Public Housing...................................................           3,380               1         1.25        4,225          $52        $219,700
Section 8 Project-Based Rental Assistance........................           4,230               1         1.25        5,228           52         294,950
Section 236......................................................               7               1         1.25            9           52             455
                                                                  --------------------------------------------------------------------------------------
    Totals.......................................................          19,600               1         1.25       24,509           52       1,274,455
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We assume that 1.05% of the average 714,000 (three-year average, 2022-2024) annual newly admitted tenants would previously not have provided proof of
  citizenship, naturalization, or eligible immigration status for another purpose. New admissions include all members of non-mixed families and selected
  members from mixed families (members with eligible immigration status and members with pending verification status). 1.05% was computed as the average
  of HUD administrative data on the share of members of non-mixed families with pending verification status and findings from Rothschild, Novey, and
  Hanmer (2025) on the share of U.S. citizens without documentary proof of citizenship. See RIA for detailed discussion.
Data is from HUD's Public & Indian Housing Information Center (PIC) and the Tenant Rental Assistance Certification System (TRACS).


                                                Tabulation of Annual Reporting Burden for New Admissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Burden hour     Total     Hourly cost
                      Information collection                          Number of     Frequency of       per         burden        per        Total cost
                                                                    respondents *    response **     response      hours       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 8 Housing Choice Vouchers................................           4,245               1         1.25        5,306          $52        $275,925
Public Housing...................................................           1,230               1         1.25        1,538           52          79,950
Section 8 Project-Based Rental Assistance........................           2,000               1         1.25        2,500           52         130,000
Section 236......................................................              15               1         1.25           19           52             975
                                                                  --------------------------------------------------------------------------------------
    Totals.......................................................           7,500               1         1.25        9,363           52         486,850
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We assume that 1.05% of the average 714,000 (three-year average, 2022-2024) annual newly admitted tenants would previously not have had to provide
  proof of citizenship, naturalization, or eligible immigration status for another purpose. New admissions include all members of non-mixed families and
  selected members from mixed families (members with eligible immigration status and members with pending verification status). 1.05% was computed as
  the average of HUD administrative data on the share of members of non-mixed families with pending verification status and findings from Rothschild,
  Novey, and Hanmer (2025) on the share of U.S. citizens without documentary proof of citizenship. See RIA for detailed discussion.
** New tenants that are citizens or have permanent eligible immigration status must submit this documentation only once.
Data is from HUD's Public & Indian Housing Information Center (PIC) and the Tenant Rental Assistance Certification System (TRACS).

List of Subjects in 24 CFR Part 5

    Administrative practice and procedure, Aged, Claims, Crime, 
Government contracts, Grant programs-housing and community development, 
Individuals with disabilities, Intergovernmental relations, Loan 
programs-housing and community development, Low and moderate income 
housing, Mortgage insurance, Penalties, Pets, Public housing, Rent 
subsidies, Reporting and recordkeeping requirements, Social security, 
Unemployment compensation, Wages.

    Accordingly, for the reasons stated in the preamble, HUD proposes 
to amend 24 CFR part 5, subpart E as follows:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

0
1. The authority citation for 24 CFR part 5 continues to read as 
follows:

    Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 
1437f, 1437n, 3535(d); Sec. 327, Pub. L. 109-115, 119 Stat. 2936; 
Sec. 607, Pub. L. 109-162, 119 Stat. 3051 (42 U.S.C. 14043e et 
seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 
13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.

Subpart B--Disclosure and Verification of Social Security Numbers 
and Employer Identification Numbers; Procedures for Obtaining 
Income Information

0
2. The authority citation for subpart B continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 3543, 3544, and 11901 et seq.

0
3. Revise Sec.  5.216(a) and the introductory text of paragraph 
(e)(1)(i) to read as follows:

[[Page 8165]]

Sec.  5.216  Disclosure and verification of Social Security and 
Employer Identification Numbers.

    (a) General. The requirements of this section apply to applicants 
and participants as described in this section.
* * * * *
    (e) * * *
    (1) * * *
    (i) Each participant whose initial determination of eligibility was 
begun before [insert effective date of final rule], must submit the 
information described in paragraph (e)(1)(ii) of this section, if the 
participant has:
* * * * *

Subpart E--Restrictions on Assistance to Noncitizens

0
4. The authority citation for subpart E continues to read as follows:

    Authority: 42 U.S.C. 1436a and 3535(d).

0
5. Revise Sec.  5.500(a) and (b)(2) to read as follows:


Sec.  5.500  Applicability.

    (a) Covered programs/assistance. This subpart E implements Section 
214 of the Housing and Community Development Act of 1980, as amended 
(42 U.S.C. 1436a). Section 214 prohibits HUD from making financial 
assistance available to persons who are not in eligible status with 
respect to citizenship or noncitizen immigration status. This subpart E 
is applicable to financial assistance provided under:
    (1) Section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
(tenants paying below market rent only) (the Section 236 Program); and
    (2) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 
which covers:
    (i) HUD's Public Housing Programs;
    (ii) The Section 8 Housing Assistance Programs; and
    (iii) The Housing Development Grant Programs (with respect to low 
income units only).
    (b) * * *
    (2) The provisions of this subpart E apply to Public Housing 
Agencies (PHAs) and project (or housing) owners. The term ``responsible 
entity'' is used in this subpart E to refer collectively to these 
entities and is further defined in Sec.  5.504.
0
6. Amend paragraph Sec.  5.504(b) by
0
a. Adding the definition of ``DHS'' in alphabetical order;
0
b. Removing the definitions of ``Housing covered programs'' and 
``INS'';
0
c. Adding the definition of ``Preservation assistance'' in alphabetical 
order; and
0
d. Revising the definitions of ``Responsible entity'' and ``Tenant.''
    The addition and revisions read as follows:


Sec.  5.504  Definitions.

* * * * *
    (b) * * *
    DHS means the Department of Homeland Security.
* * * * *
    Preservation assistance means types of assistance under Section 
214, including prorated continued assistance and temporary deferral of 
termination of assistance, available to eligible families pursuant to 
the requirements in Sec. Sec.  5.516 and 5.518.
* * * * *
    Responsible entity means the person or entity responsible for 
administering the restrictions on providing assistance to noncitizens 
with ineligible immigrations status. The entity responsible for 
administering the restrictions on providing assistance to noncitizens 
with ineligible immigration status under the various covered programs 
is as follows:
    (1) For the Section 236 program, mortgagors or project (or housing) 
owners (if uninsured).
    (2) For Public Housing, the Section 8 Rental Voucher, and the 
Section 8 Moderate Rehabilitation programs, the PHA administering the 
program under an ACC with HUD.
    (3) For the Section 8 project based rental assistance program, 
project (or housing) owners.
* * * * *
    Tenant and tenant family mean an individual or a family renting or 
occupying an assisted dwelling unit.
0
7. Revise Sec.  5.506(b) to read as follows:


Sec.  5.506  General provisions.

* * * * *
    (b) Family eligibility for assistance.
    (1) A family is not eligible for assistance unless every member of 
the family residing in the unit is determined to have eligible status, 
as described in paragraph (a) of this section, or unless the family 
meets the conditions set forth in either paragraph (b)(2) or (3) of 
this section.
    (2) Despite the ineligibility of one or more family members, a 
family that was receiving assistance under a Section 214 covered 
program on June 19, 1995, may be eligible for continued assistance as 
provided in Sec. Sec.  5.516 and 5.518. If the family does not qualify 
for continued assistance, it may be eligible for temporary deferral of 
termination of assistance as provided in Sec. Sec.  5.516 and 5.518.
    (3) A family with at least one family member of any age who has 
U.S. citizenship, U.S. nationality, or eligible immigration status is 
eligible for prorated assistance under Sec.  5.520 pending final 
verification, including any procedures under Sec. Sec.  5.512(d) and 
5.514(e), on the eligibility of other family members.
* * * * *
0
8. Revise Sec.  5.508 to read as follows:


Sec.  5.508  Submission of evidence of citizenship or eligible 
immigration status.

    (a) General. Eligibility for assistance or continued assistance 
under a Section 214 covered program is contingent upon a family's 
submission, to the responsible entity, of the documents described in 
paragraphs (b), (c), and (d) of this section, as applicable, for each 
family member.
    (b) Evidence of citizenship or eligible immigration status. Each 
family member, regardless of age, must submit the following evidence to 
the responsible entity:
    (1) For U.S. citizens as defined in Sec.  5.504(b) the evidence 
consists of a signed declaration as described in paragraph (c) of this 
section of U.S. citizenship or U.S. nationality, and a signed 
verification consent form as described in paragraph (d) of this 
section.
    (2) For all noncitizens, regardless of age, the evidence consists 
of:
    (i) A signed declaration of eligible immigration status as 
described in paragraph (c) of this section;
    (ii) Acceptable documentation of eligible immigration status as 
described in Sec.  5.510; and
    (iii) A signed verification consent form as described in paragraph 
(d) of this section.
    (c) Declaration. (1) Each family member, regardless of age, must 
submit to the responsible entity a written declaration, signed under 
penalty of perjury, by which the family member declares the family 
member is a U.S. citizen as defined in Sec.  5.504(b) or a noncitizen 
with eligible immigration status set forth in Sec.  5.506(a)(2).
    (i) For each adult, the declaration must be signed by the adult.
    (ii) For each child as defined in Sec.  5.504(b), the declaration 
must be signed by an adult residing in the assisted dwelling unit who 
is responsible for the child.
    (2) The written declaration may be incorporated as part of the 
application for housing assistance or may constitute a separate 
document.
    (d) Verification consent form--(1) Who signs. Each family member,

[[Page 8166]]

regardless of age, must sign a verification consent form as follows:
    (i) For each adult, the form must be signed by the adult.
    (ii) For each child as defined in Sec.  5.504(b), the form must be 
signed by an adult residing in the assisted dwelling unit who is 
responsible for the child.
    (2) Notice of use and release of evidence by responsible entity. 
The verification consent form must provide that:
    (i) Evidence of citizenship or eligible status will be reviewed by 
the responsible entity for verification purposes; and
    (ii) Evidence of U.S. citizenship or eligible status may be 
released by the responsible entity, without responsibility for the 
further use or transmission of the evidence by the entity receiving it, 
to:
    (A) HUD, as required by HUD; and
    (B) DHS to verify the U.S. citizenship or immigration status of the 
individual.
    (3) Notice of release of evidence of U.S. citizenship or eligible 
immigration status by HUD. The verification consent form must also 
notify the individual of the possible release of evidence of U.S. 
citizenship or eligible immigration status by HUD. Evidence of U.S. 
citizenship or eligible immigration status must only be released to DHS 
for purposes of verifying the individual has U.S. citizenship or 
eligible immigration status for financial assistance and not for any 
other purpose. HUD is not responsible for the further use or 
transmission of the evidence or other information by DHS.
    (e) Notification of requirements of Section 214--(1) When notice is 
to be issued. The responsible entity must give notification of the 
requirement to submit evidence of citizenship or eligible status as 
required by this section as follows:
    (i) Applicant's notice. The responsible entity must give the 
notification to each applicant at the time of application for 
assistance.
    (ii) Notice to tenants. The responsible entity must give the 
notification to each tenant who has not submitted evidence of 
citizenship or eligible status as of [insert effective date of final 
rule] no later than [insert 30 days after effective date of final 
rule].
    (2) Form and content of notice. The notice must:
    (i) State that financial assistance is contingent upon the 
submission and verification, as appropriate, of evidence of citizenship 
or eligible status as required by this section;
    (ii) Describe the type of evidence that must be submitted, and 
state the time period in which that evidence must be submitted (see 
paragraph (f) of this section concerning when evidence must be 
submitted);
    (iii) State that assistance will be denied or terminated, as 
appropriate, upon a final determination of ineligibility after primary 
and secondary verification, as applicable, and any informal hearing has 
concluded (see Sec. Sec.  5.512(d) and 5.514(e)) or, if an informal 
hearing is not pursued, at a time to be specified in accordance with 
HUD requirements;
    (iv) State that assistance may be prorated, pursuant to Sec.  
5.520, to a family with at least one family member of any age who has 
U.S. citizenship, U.S. nationality, or eligible immigration status 
pending final verification, including any procedures under Sec. Sec.  
5.512(d) and 5.514(e), for other family members, or to families 
eligible for continued assistance pursuant to Sec.  5.516 and Sec.  
5.518;
    (v) Inform tenants how to obtain assistance under the preservation 
of families provisions of Sec. Sec.  5.516 and 5.518; and
    (vi) Notify the individual that the PHA or owner, as applicable, 
must inform DHS immediately whenever personnel determine that any 
member of a household is present in the U.S. in violation of the 
Immigration and Nationality Act. The PHA or owner may meet the 
reporting requirement by conforming with applicable Federal Register 
notices, including Interagency Notices, providing guidance for 
compliance with PRWORA section 404.
    (f) When evidence of citizenship or eligible status is required to 
be submitted. The responsible entity must require evidence of 
citizenship or eligible immigration status required under Sec.  
5.508(b) to be submitted at the times specified in this paragraph, 
subject to any extension granted in accordance with paragraph (g) of 
this section.
    (1) Applicants. For applicants, responsible entities must ensure 
that evidence of citizenship or eligible status required under Sec.  
5.508(b) is submitted not later than the date the responsible entity 
anticipates or has knowledge that verification of other aspects of 
eligibility for assistance will occur (see Sec.  5.512(a)).
    (2) Tenants.
    (i) Tenants in mixed families receiving financial assistance under 
a Section 214 covered program who have not submitted evidence of 
citizenship or eligible immigration status required under Sec.  
5.508(b) as of [insert effective date of final rule] are required to 
submit such evidence within 90 days of [insert effective date of final 
rule], in accordance with program requirements.
    (ii) All other tenants receiving financial assistance under a 
Section 214 covered program who have not submitted evidence of 
citizenship or eligible immigration status required under Sec.  
5.508(b) as of [insert effective date of final rule] are required to 
submit such evidence at the next annual or interim reexamination of 
income and household composition after [insert effective date of final 
rule], in accordance with program requirements.
    (3) New family members of assisted units. For any new family member 
that comes to reside in an assisted unit, the required evidence under 
Sec.  5.508(b) must be submitted not later than the date the 
responsible entity anticipates or has knowledge that verification of 
other aspects of eligibility for assistance will occur (see Sec.  
5.512(a)).
    (4) Changing participation in a HUD program. Whenever a family 
applies for admission to a Section 214 covered program, evidence of 
citizenship or eligible status is required to be submitted in 
accordance with the requirements of this subpart E unless the family 
already has submitted the evidence to the responsible entity for a 
Section 214 covered program.
    (5) One-time evidence requirement for continuous occupancy and 
changes in status during occupancy. For each family member, the family 
is required to submit evidence of citizenship or eligible status 
required under paragraph (b) of this section only one time in 
accordance with paragraph (f) of this section during continuously 
assisted occupancy under any Section 214 covered program. If a family 
member's citizenship or immigration status changes during occupancy, 
the family is required to immediately notify and submit evidence of the 
new citizenship or eligible status to the responsible entity.
    (g) Extensions of time to submit evidence of citizenship or 
eligible status--(1) When extension must be granted. The responsible 
entity must extend the time, provided in paragraph (f) of this section, 
to submit evidence of citizenship or eligible immigration status 
required under Sec.  5.508(b) if the family member:
    (i) Submits the required declaration and verification consent forms 
described in paragraphs (c) and (d) of this section certifying that any 
person for whom required evidence has not been submitted is U.S. 
citizen or a noncitizen with eligible immigration status; and
    (ii) Certifies that the evidence needed to support a claim of 
citizenship or

[[Page 8167]]

eligible immigration status is temporarily unavailable, additional time 
is needed to obtain and submit the evidence, and prompt and diligent 
efforts will be undertaken to obtain the evidence.
    (2) Thirty-day extension period. Any extension of time, if granted, 
may not exceed 30 days. The additional time provided should be 
sufficient to allow any family member the time to obtain the evidence 
needed. The responsible entity's determination of the length of the 
extension needed must be based on the circumstances of the individual 
case. The total extension of time granted by the responsible entity to 
a family must be limited to 30 days.
    (3) Grant or denial of extension to be in writing. The responsible 
entity must issue its decision to grant or deny an extension to the 
family by written notice. If the extension is granted, the notice must 
specify the extension period granted (which is limited to a total of 30 
days). If the extension is denied, the notice must explain the reasons 
for denial of the extension.
    (h) Failure to submit evidence of citizenship or eligible 
immigration status or to verify eligible immigration status. If the 
family fails to submit required evidence of citizenship or eligible 
status within the time period specified in the notice, or any extension 
granted in accordance with paragraph (g) of this section, or if the 
evidence is timely submitted but fails to verify citizenship or 
eligible immigration status, the responsible entity must proceed to 
deny or terminate assistance or provide continued assistance or 
temporary deferral of termination of assistance, as appropriate, in 
accordance with the provisions of Sec. Sec.  5.514, 5.516, and 5.518.
0
9. Revise Sec.  5.510 to read as follows:


Sec.  5.510  Documents of citizenship and eligible immigration status.

    (a) General. A responsible entity must request and review original 
or certified copies of documents of citizenship and eligible 
immigration status in accordance with this subpart. The responsible 
entity must retain photocopies of the documents for its own records and 
return the original or certified copies of documents to the family.
    (b) Acceptable documentation of U.S. citizenship. Acceptable 
documentation of U.S. citizenship is required only for purposes of 
secondary verification under Sec.  5.512(d) and includes the original 
or a certified copy of:
    (1) A U.S. birth certificate;
    (2) A naturalization certificate;
    (3) A Consular Report of Birth Abroad (FS-240);
    (4) A valid unexpired U.S. passport;
    (5) A certificate of citizenship; or
    (6) Other acceptable documentation, as specified in HUD guidance.
    (c) Acceptable documentation of eligible immigration status. 
Acceptable documentation of eligible immigration status is the original 
or a certified copy of a document designated by DHS as acceptable 
evidence of immigration status in one of the categories set forth in 
Section 214 (see 42 U.S.C. 1436a(a)) for the specific immigration 
status claimed by the individual.
0
10. Revise Sec.  5.512 to read as follows:


Sec.  5.512  Verification of citizenship and eligible immigration 
status.

    (a) General. Except as described in paragraph (b) of this section 
and Sec.  5.514, no individual or family applying for assistance may 
receive such assistance prior to the verification of the eligibility of 
at least the individual or one family member. Verification of 
eligibility consistent with Sec.  5.514 occurs when the individual or 
family members have submitted evidence to the responsible entity in 
accordance with Sec.  5.508, and this section as applicable.
    (b) PHA election to provide assistance before verification. A PHA 
that is a responsible entity under this subpart E may elect to provide 
assistance to a family before the verification of the eligibility of 
the individual or one family member.
    (c) Primary verification of U.S. citizenship or eligible 
immigration status--
    (1) Verification system. Primary verification of the U.S. 
citizenship, U.S. nationality, or eligible immigration status of the 
person is conducted by the responsible entity through Systematic Alien 
Verification for Entitlements (SAVE), a DHS-administered program for 
the verification of U.S. citizenship and immigration status. Primary 
verification in SAVE confirms U.S. citizenship or immigration status 
using biographic information (first name, last name, and date of birth) 
and a government-issued numeric identifier permitted by SAVE.
    (2) Failure of primary verification to confirm U.S. citizenship or 
eligible immigration status. If SAVE is not initially able to confirm 
U.S. citizenship, U.S. nationality, or eligible immigration status for 
the person, then the responsible entity must conduct secondary 
verification in accordance with paragraph (d) of this section.
    (d) Secondary verification.
    (1) The responsible entity must provide notice to the person of the 
opportunity to provide additional information, and acceptable 
documentation as described in Sec.  5.510, for purposes of secondary 
verification. The responsible entity's notice must:
    (i) Be in writing;
    (ii) Notify the person of the results of primary verification and 
describe the need for secondary verification;
    (iii) Identify whether, and describe the reasons why, acceptable 
documentation under Sec.  5.510(b) and/or additional information is 
needed for secondary verification, including information on applicable 
dates under paragraph (d)(3) of this section; and
    (iv) Notify the person of the ability to pursue at any point in the 
verification process a records correction with any agency that issued 
or maintains records and original or certified copies of documents 
relevant to verification.
    (2) For secondary verification of U.S. citizenship and U.S. 
nationality:
    (i) The person must provide acceptable documentation as described 
in Sec.  5.510(b) and any information described as necessary for 
secondary verification in the notice provided by the responsible entity 
to the individual pursuant to paragraph (d)(1) of this section;
    (ii) The responsible entity must then review any acceptable 
documentation and additional information provided by the person; and
    (iii) If applicable as specified in HUD guidance, the responsible 
entity must request additional verification through the SAVE program.
    (3) For secondary verification of eligible immigration status, the 
responsible entity must request additional verification through the 
SAVE program within 30 days of notification of the results of primary 
verification.
    (e) Failure to confirm U.S. citizenship or immigration status. If 
primary and secondary verification do not confirm U.S. citizenship, 
U.S. nationality, or eligible immigration status, or confirm 
immigration status that is ineligible for assistance under a Section 
214 covered program, the responsible entity must issue to the family 
the notice described in Sec.  5.514(d), which includes notification of 
the ability to pursue a records correction with any agency that issued 
or maintains records and original or certified copies of documents 
relevant to verification, and the right to request an informal hearing 
with the responsible entity in accordance with Sec.  5.514(e) (see 
Sec.  5.514(d)(4) and (5)).
    (f) Exemption from liability for DHS verification. The responsible 
entity is not liable for any action, delay, or

[[Page 8168]]

failure of DHS in conducting DHS verification procedures.
0
11. Amend Sec.  5.514 as follows:
0
a. Remove ``INS'' everywhere it appears and add ``DHS'' in its place;
0
b. Revise paragraphs (a), (b), (c)(1), and (d);
0
c. Remove paragraph (e) and redesignate paragraphs (f) through (i) as 
paragraphs (e) through (h) respectively;
0
d. Revise redesignated paragraph (e)(1);
0
e. In redesignated paragraph (e)(2)(ii), remove the reference to 
``paragraph (f)(3)(i)'' and add, in its place, ``paragraph (e)(2)(i)'';
0
f. Revise redesignated paragraphs (e)(2)(iii) introductory text, 
(e)(2)(iii)(C), and (g); and
0
g. In the introductory text of redesignated paragraph (h)(1), remove 
the phrase ``Under Housing covered programs'' and add, in its place, 
the phrase ``Under the Section 236 program''.
    The additions and revisions read as follows:


Sec.  5.514  Delay, denial, reduction or termination of assistance.

    (a) Assistance to a family may not be delayed, denied, reduced or 
terminated because of the immigration status or pending citizenship 
verification of a family member except as provided in this section.
    (b) Restrictions on delay, denial, reduction, or termination of 
assistance--
    (1) Restrictions on delay, denial, reduction, or termination of 
assistance for applicants and tenants. Assistance to an applicant or 
tenant may not be delayed, denied, reduced, or terminated, on the basis 
of lack of U.S. citizenship, lack of U.S. nationality, or ineligible 
immigration status of a family member, if:
    (i) The applicable verification process under Sec.  5.512, 
including secondary verification under Sec.  5.512(d), has been timely 
instituted but has not yet completed;
    (ii) The family member for whom required evidence has not been 
submitted has moved from the assisted dwelling unit;
    (iii) The family member who is determined not to be a U.S. citizen, 
a U.S. national, or in an eligible immigration status following the 
SAVE verification has moved from the assisted dwelling unit;
    (iv) Assistance for a mixed family is prorated in accordance with 
Sec.  5.520 pending final verification, including any procedures under 
Sec. Sec.  5.512(d) and 5.514(e), on the eligibility of family members;
    (v) Assistance is continued in accordance with Sec. Sec.  5.516 and 
5.518; or
    (vi) Deferral of termination of assistance is granted in accordance 
with Sec. Sec.  5.516 and 5.518.
    (2) Restrictions on delay, denial, reduction, or termination of 
assistance pending fair hearing for tenants. In addition to the factors 
listed in paragraph (b)(1) of this section, assistance to a tenant 
cannot be delayed, denied, reduced, or terminated until the completion 
of the informal hearing process described in paragraph (e) of this 
section.
    (c) Events causing denial or termination of assistance--(1) 
General. The responsible entity must deny assistance to an applicant 
and must terminate a tenant's assistance in accordance with the 
procedures of this section, upon the occurrence of any of the following 
events:
    (i) Evidence of citizenship or eligible status as required by Sec.  
5.508 is not submitted by the date specified in Sec.  5.508(f) or by 
the expiration of any extension granted in accordance with Sec.  
5.508(g); or
    (ii) Evidence of citizenship or eligible status as required by 
Sec.  5.508 or Sec.  5.512 is timely submitted, but primary and 
secondary verification do not verify U.S. citizenship, U.S nationality, 
or eligible immigration status of a family member; and
    (A) The family does not pursue informal hearing rights as provided 
in this section; or
    (B) The family does pursue informal hearing rights, but the final 
hearing decision is decided against the family member.
    (iii) The responsible entity determines that a family member has 
knowingly permitted another individual who is not eligible for 
assistance to reside (on a permanent basis) in the public or assisted 
housing unit of the family member. Such termination must be for a 
period of not less than 24 months. This provision does not apply to 
families eligible for continued assistance pursuant to Sec. Sec.  5.516 
and 5.518.
* * * * *
    (d) The notice of denial or termination of assistance must advise 
the family:
    (1) That financial assistance will be denied or terminated, and 
provide a brief explanation of the reasons for the proposed denial or 
termination of assistance;
    (2) That the family may be eligible for proration of assistance as 
provided under Sec.  5.520 pending final verification, including any 
procedures under Sec. Sec.  5.512(d) and 5.514(e), on the eligibility 
of other family members;
    (3) In the case of a tenant, the criteria and procedures for 
obtaining relief under the provisions for preservation of families in 
Sec. Sec.  5.516 and 5.518;
    (4) That the family has the ability to pursue at any point in the 
verification process a records correction with any agency that issued 
or maintains records and original or certified copies of documents 
relevant to verification;
    (5) That the family has a right to request an informal hearing with 
the responsible entity as provided in Sec.  5.514(e); and
    (6) For applicants, the notice shall advise that assistance may not 
be delayed until the conclusion of procedures under Sec.  5.512, but 
assistance may be delayed during the pendency of the informal hearing 
process as provided in Sec.  5.514(e).
    (e) * * *
    (1) When request for hearing is to be made. For U.S. citizenship 
verification and eligible immigration status verification by 
responsible entities, the family may request that the responsible 
entity provide a hearing. This request must be made within 30 days of 
receipt of the notice described paragraph (d) of this section.
    (2) * * *
    (iii) Families under the Section 236 Program and applicants for 
assistance under all covered programs. For all families under the 
Section 236 program (applicants as well as tenants already receiving 
assistance) and for applicants for assistance under all covered 
programs, the procedures for the informal hearing before the 
responsible entity are as follows: * * *
    (C) Presentation of evidence and arguments in support of eligible 
status. The family must be provided the opportunity to present evidence 
and arguments in support of U.S. citizenship or eligible immigration 
status. Evidence may be considered without regard to admissibility 
under the rules of evidence applicable to judicial proceedings;
* * * * *
    (g) Retention of documents. The responsible entity must retain, for 
a minimum of 5 years, the following documents that may have been 
submitted to the responsible entity by the family, or provided to the 
responsible entity as part of the verification process, including 
primary verification under Sec.  5.512(d), or the informal hearing 
process under this section:
    (1) The application for financial assistance;
    (2) The form completed by the family for income reexamination;

[[Page 8169]]

    (3) Photocopies of any original or certified copies of documents 
(front and back), including original or certified copies of DHS and 
citizenship documents, and corrected records and documents;
    (4) The signed verification consent form;
    (5) The DHS or responsible entity verification results;
    (6) The request for an informal hearing, if any; and
    (7) The final informal hearing decision.
* * * * *
0
12. Revise Sec.  5.516 to read as follows:


Sec.  5.516  Availability of preservation assistance to tenant 
families.

    (a) Assistance available for tenant families--(1) General. 
Preservation assistance may be available to tenant families, in 
accordance with this section and following completion of the 
verification and informal hearing procedures provided in Sec. Sec.  
5.512 and 5.514. There are two types of preservation assistance:
    (i) Continued assistance (see Sec.  5.518(a)); and
    (ii) Temporary deferral of termination of assistance (see Sec.  
5.518(b)).
    (2) Availability of assistance--(i) For the Section 236 Program. 
One of the two types of assistance described in paragraph (a)(1) of 
this section may be available to tenant families assisted under the 
Section 236 Program or a 1965 HUD Act covered program, depending upon 
the family's eligibility for such assistance. Continued assistance must 
be provided to a mixed family that meets the conditions for eligibility 
for continued assistance.
    (ii) For Section 8 or Public Housing covered programs: One of the 
two types of assistance described in paragraph (a)(1) of this section 
may be available to tenant families assisted under a Section 8 or 
Public Housing covered program.
    (b) Assistance available to other families in occupancy. Temporary 
deferral of termination of assistance may be available to families 
receiving assistance under a Section 214 covered program on June 19, 
1995, and who have no members with eligible immigration status, as set 
forth in paragraphs (b)(1) and (2) of this section.
    (1) For the Section 236 Program. Temporary deferral of termination 
of assistance is available to families assisted under the Section 236 
program.
    (2) For Section 8 or Public Housing covered programs. The 
responsible entity may make temporary deferral of termination of 
assistance to families assisted under a Section 8 or Public Housing 
covered program.
    (c) Section 8 covered programs: Discretion afforded to provide 
certain family preservation assistance--(1) Project owners. With 
respect to assistance under a Section 8 Act covered program 
administered by a project owner, HUD has the discretion to determine 
under what circumstances families are to be provided one of the two 
statutory forms of assistance for preservation of the family (continued 
assistance or temporary deferral of assistance). HUD is exercising its 
discretion by specifying the standards in this section under which a 
project owner must provide one of these two types of assistance to a 
family.
    (2) PHAs. The PHA, rather than HUD, has the discretion to determine 
the circumstances under which a family will be offered one of the two 
statutory forms of assistance (continued assistance, see Sec.  
5.518(a), or temporary deferral of termination of assistance, see Sec.  
5.518(b)). The PHA must establish its own policy and criteria to follow 
in making its decision. In establishing the criteria for granting 
continued assistance or temporary deferral of termination of 
assistance, the PHA must incorporate the statutory criteria, which are 
set forth in Sec.  5.518(a) and (b).
0
13. Amend Sec.  5.518 as follows:
0
a. Revise the section heading and paragraphs (a), (b)(1), and (b)(2) 
introductory text;
0
b. Remove paragraph (b)(2)(iii);
0
c. Revise paragraphs (b)(3), (b)(5)(i)(A), and (b)(5)(ii)(A);
0
d. Add paragraph (b)(6); and
0
e. Remove paragraph (c) and redesignate paragraph (d) as paragraph (c).
    The revisions and addition read as follows:


Sec.  5.518  Types of preservation assistance available to tenant 
families.

    (a) Continued assistance. (1) A mixed family may receive prorated 
continued housing assistance if all the following conditions are met (a 
mixed family assisted under the Section 236 program must be provided 
prorated continued assistance if the family meets the following 
conditions):
    (i) The family was receiving assistance under a Section 214 covered 
program on June 19, 1995;
    (ii) The family's head of household or spouse is a U.S. citizen, a 
national of the United States, or has eligible immigration status as 
described in Sec.  5.506; and
    (iii) The only individuals in the family without eligible status 
are the head of household or spouse of the head of household, any 
parents of the head of household, any parents of the spouse, or any 
children of the head of household or spouse. An individual without 
eligible status means a person that is neither a U.S. citizen or 
national nor a person that has eligible immigration status.
    (2) Proration of continued assistance. Continued assistance for 
eligible families under paragraph (a) of this section must be prorated 
as described in Sec.  5.520.
    (b) Temporary deferral of termination of assistance--(1) 
Eligibility for this type of assistance. If a mixed family does not 
qualify for continued assistance, the family may be eligible for 
temporary deferral of termination of assistance, if necessary, to 
permit the family additional time for the orderly transition of those 
family members with ineligible status, and any other family members 
involved, to other affordable housing.
    (2) Section 236 Program: Conditions for granting temporary deferral 
of termination of assistance. The responsible entity must grant a 
temporary deferral of termination of assistance to a family if the 
family is assisted under the Section 236 program and one of the 
following conditions is met:
* * * * *
    (3) Time limit on deferral period. If temporary deferral of 
termination of assistance is granted, the initial deferral period may 
not exceed six months. The initial period may be renewed for additional 
periods of six months, but the aggregate deferral period for deferrals 
may not exceed a period of eighteen months. These time periods do not 
apply to a family that includes an individual admitted as a refugee 
under section 207 of the Immigration and Nationality Act or an 
individual seeking asylum under section 208 of that Act.
* * * * *
    (5) * * *
    (i) * * *
    (A) For the Section 236 Program: Make a determination that one of 
the two conditions specified in paragraph (b)(2)(i) and (ii) of this 
section continues to be met (note: affordable housing will be 
determined to be available if the vacancy rate is five percent or 
greater), and the owner's knowledge and the tenant's evidence indicate 
that other affordable housing is available; or
* * * * *
    (ii) * * *
    (A) Notify the tenant family in writing, at least 60 days in 
advance of the expiration of the deferral period, that termination will 
be deferred again (provided that the granting of another deferral will 
not result in aggregate deferral periods that exceeds the

[[Page 8170]]

maximum deferral period), because a determination was made that other 
affordable housing is not available. This time period does not apply to 
a family which includes a refugee under section 207 of the Immigration 
and Nationality Act or an individual seeking asylum under section 208 
of that Act; or
* * * * *
    (6) Proration of assistance during temporary deferral of 
termination of assistance. Assistance for eligible families under 
paragraph (b) of this section must be prorated as described in Sec.  
5.520.
* * * * *
0
14. Amend Sec.  5.520 as follows:
0
a. Revise paragraphs (a) and (b); and
0
b. In paragraph (c)(1)(ii), remove the reference to ``section 
5.613(a)'' and add, in its place, a reference to ``Sec.  5.628''.
    The revisions to read as follows:


Sec.  5.520  Proration of assistance.

    (a) Applicability. This section applies to a mixed family with at 
least one family member who has U.S. citizenship, U.S. nationality, or 
eligible immigration status pending final verification, including any 
procedures under Sec. Sec.  5.512(d) and 5.514(e), for other family 
members, or to a mixed family eligible for preservation assistance 
under Sec. Sec.  5.516 and 5.518.
* * * * *
    (b) Method of prorating assistance for the Section 236 Program.--
(1) Proration under Section 236 Program without the benefit of 
additional assistance. If the household participates in the Section 236 
Program without the benefit of any additional assistance, the 
household's rent must be increased above the rent the household would 
otherwise pay by an amount equal to the difference between the market 
rate rent for the unit and the rent the household would otherwise pay 
multiplied by a fraction the denominator of which is the number of 
people in the household and the numerator of which is the number of 
ineligible persons in the household.
    (2) Proration under Section 236 Program with the benefit of 
additional assistance. If the household participates in the Section 236 
Program with the benefit of additional assistance under the Section 8 
programs, the household's rent must be increased above the rent the 
household would otherwise pay by:
    (i) An amount equal to the difference between the market rate rent 
for the unit and the basic rent for the unit multiplied by a fraction, 
the denominator of which is the number of people in the household, and 
the numerator of which is the number of ineligible persons in the 
household, plus;
    (ii) An amount equal to the housing assistance payment (the unit's 
gross rent minus the family's total tenant payment, see 24 CFR 5.628) 
the household would otherwise be entitled to multiplied by a fraction, 
the denominator of which is the number of people in the household and 
the numerator of which is the number of ineligible persons in the 
household.
* * * * *
0
15. Revise Sec.  5.522 to read as follows:


Sec.  5.522  Prohibition of assistance to noncitizen students.

    (a) General. The provisions of Sec. Sec.  5.516 and 5.518 
permitting continued assistance or temporary deferral of termination of 
assistance for certain families do not apply to any person who is 
determined to be a noncitizen student as in Section 214(c)(2)(A) (42 
U.S.C. 1436a(c)(2)(A)).
    (b) Family of noncitizen students. The prohibition on providing 
assistance to a noncitizen student as described in paragraph (a) of 
this section extends to the noncitizen spouse of the noncitizen student 
and minor children accompanying the student or following to join the 
student.

Scott Turner,
Secretary.
[FR Doc. 2026-03405 Filed 2-19-26; 8:45 am]
BILLING CODE 4210-67-P