§ 7.6 Access to Federal Housing Benefits

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 7.6 ACCESS TO FEDERAL HOUSING BENEFITS

Some, but not all, federally subsidized housing requires applicants to meet immigration related criteria.

The most restrictive immigration requirements pertain to certain housing funded by the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture Rural Housing Service (RHS). They are referred to as Section 214 restrictions, because they were adopted as section 214 of the Housing and Community Development Act of 1980 (Pub L 96-399, 94 Stat 1614 (codified at 42 USC § 1436a)). Section 214 generally applies to those programs that provide financial assistance to or on behalf of tenants under the United States Housing Act of 1937 (Pub L 75-412, 50 Stat 888), including public housing and Section 8 programs.

On May 10, 2019, HUD published a proposed rule that would prohibit "mixed-status" families legally living in federally subsidized housing with Section 214 restrictions, including public housing and Section 8. The proposed rule focuses on terminating housing assistance for over 25,000 mixed-status households, or families composed of both members who are eligible and members who are ineligible for federal housing assistance because of their immigration status. The rule would also require that every participant under the age of 62 undergo a screening through the SAVE program operated by the USDHS. Families with ineligible members could have the housing assistance terminated within 18 months. Housing and Community Development Act of 1980: Verification of Eligible Status, 84 Fed Reg 20,589 (May 10, 2019). As of July 2020, a final rule had not yet been published.

NOTE: See § 7.1-2(a) for a discussion on the USDHS's final rule that could permit the USDHS to make public-charge determinations against certain foreign nationals who use public benefit programs, including the Section 8 program and public housing assistance.

NOTE: For discussion of other issues affecting the housing of foreign nationals, such as landlord-tenant issues, fair housing, and civil rights, see chapter 6.

§ 7.6-1 Eligible Immigrants under Section 214 HUD Programs

At least one person in the household must be eligible, based on the person's immigration status, to reside in federally subsidized housing (the eligible person may be a minor child). Household members ineligible for housing assistance based on their immigration status may live in an assisted unit, but the household's subsidy will be prorated, resulting in a...