ProPublica released two drafts of unpublished HUD rules targeting work requirements and immigration status.

Establishing Flexibility for Implementation of Work Requirements and Term Limits:

  • Voluntarily allows (but does not mandate) public housing authorities and private landlords to impose work requirements and time limits in major federal housing programs, including public housing and Section 8.
  • Requires up to 40 hours of work per week and limits assistance to as little as two years.
  • The work requirements would apply to residents ages 18 to 61 who are not disabled, pregnant, primary caretakers of young children, college students or in other exempted categories.

Verification of Eligible Status:

  • Would make all members of mixed-status households ineligible for assistance.
  • Mixed-status definition: households in which only some members are eligible for federal housing assistance based on their immigration status,
  • Requires proof of citizenship for those applying for or currently receiving housing assistance, such as birth or naturalization certificates.
  • This rule could affect 20,000 mixed-status families that receive housing assistance, according to a HUD analysis of the rule obtained by ProPublica; 16,000 of those families include children.
  • HUD estimates the following program costs increases:
  • $100 million for verification of citizenship; and
  • $370 million per year from the removal of households receiving prorated assistance and replacement with fully eligible households.
  • Absent Congressional funding increases, HUD expects PHAs to offer fewer vouchers or leave units unoccupied.

What’s Next: It is not clear when, or if, HUD will publish these draft rules. If they do publish these rules, there would be a public comment period before adoption.