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HUD Proposes Rule Requiring Proof of Citizenship for All Public Housing Residents

WASHINGTON, DC - The Department of Housing and Urban Development (HUD) under Secretary Scott Turner announced a proposed rule on February 20, 2026, that would “require proof of U.S. citizenship or eligible status for every resident in HUD-funded housing, including ‘mixed status households,’” according to a news release issued by the agency. 

The proposed rule “will ensure that taxpayer-funded housing benefits only go to American citizens and eligible individuals for the first time in history.” 

“Under President Trump’s leadership, the days of illegal aliens, ineligibles, and fraudsters gaming the system and riding the coattails of American taxpayers are over,” said Secretary Turner. “HUD’s proposed rule will guarantee that all residents in HUD-founded housing are eligible tenants. We have zero tolerance for pushing aside hardworking U.S. citizens while enabling others to exploit decades-old loopholes.” 

The rule change is intended to stop government funding of illegal aliens and ineligible noncitizens who live in taxpayer-funded housing by closing loopholes. 

“These individuals will no longer be able to take advantage of taxpayer-funded benefits intended for American citizens or people with eligible status,” the release said. 

“HUD housing assistance is intended for U.S. citizens and certain eligible noncitizens, yet HUD resources serve only a quarter of eligible households in need,” the release continued. “Meanwhile, a recent HUD and DHS audit of all assisted households identified nearly 200,000 tenants with incomplete or unknown eligibility verification. Furthermore, HUD estimates approximately 24,000 illegal aliens, ineligibles, and fraudsters in 20,000 ‘mixed status households’ benefit from HUD assistance.” 

According to The Hill, “the proposed rule would require every household resident to provide proof of citizenship or legal status regardless of age as the Trump administration continues to enhance immigration enforcement measures across government agencies.” 

Currently, prorated assistance continues indefinitely pending verification of the eligible status of all family members, but the new rule would make that assistance temporary. 

Public Housing Agencies (PHAs) and the public can weigh in on the proposed rule for 60 days after its publication in the Federal Register, which occurred on Friday, February 20. 

According to the proposed rule, there are two methods for submitting public comments, and they must include the docket number (FR-6524-P-01) and title (Housing and Community Development Act of 1980: Verification of Eligible Status). 

The first method is electronic through the Federal eRulemaking Portal at www.regulations.gov. A summary of the proposed rule can also be found at this link. 

The second method is via U.S. Mail at:

Regulations Division

Office of General Counsel

Department of Housing and Urban Development

452 7th Street SW, Room 10276

Washington, DC 20410-0500

All properly submitted comments and communications are available for public inspection and copying during regular business hours at the above address. Appointments must be scheduled in advance by calling the Regulations Division at 202-708-3055. 

Deaf and hard-of-hearing people can learn how to schedule an accessible phone call at https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

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