ProPublica Publishes Early Draft of Mixed Status Families Rule

In late September, in an article written by ProPublica, a draft version of the mixed status families rule was published. When a proposed rule is published in the Federal Register on the topic of mixed status families, it may differ substantially from the version of the rule that was published by ProPublica. Nonetheless, this article offers a brief summary of the version of the rule published in ProPublica. As a summary, it is not fully comprehensive, so NAHRO encourages its members to read the rule itself. The rule is titled “Housing and Community Development Act of 1980: Verification of Eligible Status.”

The proposed rule covers certain HUD programs including Public Housing, the Housing Choice Voucher Program, and Project-Based Rental Assistance. It applies to responsible entities which include PHAs and owners of Section 8 properties.

The proposed rule states that a family is not eligible for rental assistance under the programs the rule covers unless every member of the family in the unit has eligible citizenship or immigration status or, in certain instances, was receiving assistance on June 19, 1995. In some instances, a family may be eligible for temporary prorated assistance. Eligibility for each member of the family is contingent on evidence of citizenship or eligible immigration status. Evidence of citizenship includes a signed declaration, a signed verification form, and appropriate eligibility documentation (e.g., birth certificate, passport, naturalization certificate, etc.). For noncitizens who are 62 or older, evidence includes a signed declaration of eligible immigration status and a document proving age. For all other noncitizens, evidence includes a signed declaration, certain Department of Homeland Security (DHS) documents, and a signed verification consent form.

Responsible entities must notify their applicants and tenants of the requirement to submit evidence of eligible immigration status. They must notify applicants at the time of application for assistance. They must notify tenants at the next regular reexamination after the rule becomes effective.

Responsible entities must gather evidence of eligible immigration status at certain times. For applicants, evidence must be submitted not later than the date that the responsible entity anticipates or has knowledge that verification of other aspects of eligibility will occur. For tenants, the tenant is required to submit evidence at the next annual reexamination. Finally, new occupants of assisted units must submit evidence at the first interim or regular reexamination after the person’s occupancy.

Certain extensions in time may be granted to submit evidence. Extensions of up to 30 days may be granted when a family member has submitted a written declaration and the family member has certified that the evidence needed is temporarily unavailable and additional time is needed to obtain and submit the evidence and prompt and diligent efforts are being made to obtain the evidence. The maximum total limit for extensions is 60 days.

A temporary deferral of termination of assistance may occur “ . . . 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.” An initial temporary deferral may not exceed six months. The initial period may be renewed for another six months, but the aggregate deferral period may not exceed 18 months, though these time periods may not apply to certain refugees or individuals granted asylum.

Proration of assistance for a family will occur when at least one family member is still pending verification of citizenship or immigration status, when a family was receiving assistance on June 19, 1995 (in certain instances), or when a family is receiving a temporary deferral of termination.

When the actual proposed rule is published in the Federal Register, NAHRO will analyze the rule carefully and consult with its membership before articulating a position on it. The pre-publication copy of the rule published by ProPublica and subject to change when published in the Federal Register can be found here.