On November 12, the U.S. Department of Housing and Urban Development (HUD) published a final rule that could force thousands of mixed-status families to choose between remaining together and keeping their housing assistance. The rule, scheduled to take effect on December 14, 2026, applies to federal public housing and Section 8 rental assistance programs, including Housing Choice Vouchers and project-based assistance. CHAPA strongly opposes the rule.
Under current regulations, families with both eligible and ineligible household members can receive prorated rental assistance, meaning federal subsidies cover only eligible household members, including U.S. citizens and certain eligible noncitizens. HUD’s new rule would largely eliminate this longstanding protection while requiring all household members, including children and older adults, to provide documentation of citizenship or eligible immigration status. According to HUD estimates, approximately 910 mixed-status households in Massachusetts could be at risk of losing their assistance.
Although the rule takes effect on December 14, families will not automatically lose their assistance that day. Current mixed-status households that have not submitted the required documentation will generally have 90 days to do so, with qualifying extensions of up to 60 days.
In April, CHAPA and Klein Hornig LLP submitted public comments opposing the proposed rule. The comments argued that HUD’s proposed changes exceeded its statutory authority, failed to adequately account for the families who could lose their homes, and imposed significant new burdens on public housing authorities and housing providers. CHAPA also worked with the MIRA Coalition and Massachusetts Union of Public Housing Tenants to coordinate Senate and House legislative sign-on letters urging HUD to withdraw the proposal.
Massachusetts is already facing a serious affordable housing shortage, and families who lose assistance will have few places to turn. CHAPA continues to strong oppose the rule and calls on HUD to rescind it before it takes effect.
Read CHAPA’s earlier statement on HUD’s proposed restrictions and HUD’s final rule.