HUD’s New Rule About Families with Mixed Immigration Status: What Disabled People and Their Families Need to Know

The Department of Housing and Urban Development (HUD) has issued a new rule set to take effect on December 14, 2026, that will push many families with mixed immigration status, also referred to as the mixed-status rule, out of HUD-assisted housing. If someone in your household is disabled, you still have rights under disability civil rights laws that may protect you. This guide explains what the rule does and how to use your disability rights to protect your family and your home.

This guide gives general information. It is not legal advice. Every person and family’s situation is different. This guide was last updated November 13, 2026. The rule may change, be delayed, or be blocked by a court.

Who this guide is for:

• Families in public housing, Section 8, or other HUD-assisted housing where some members are eligible for help and some are not because of immigration status. We call these mixed-status families.
• Disabled people of any age in those families, including U.S. citizens.
• Family members who provide care or support to a disabled person.
• Advocates, case managers, and service providers who support these families.

What to know right now:

• The current rules stay in place until December 14, 2026. Nobody has to move out immediately.
• Advocates are working to delay or stop this rule. Check for updates before acting.
• If you have a mixed-status family, talk to a lawyer. Do not share anyone’s immigration information, and do not agree to move out or give up your assistance, before talking to a lawyer.

What the new rule does: Mixed-status families have been allowed to live together in HUD-assisted housing with help paying rent. The amount of help covered only those who had an eligible citizenship status. Under the new rule, only people who prove they are citizens or have eligible immigration status can live in HUD eligible housing, and partial help paying rent becomes temporary.

Which housing is covered: Public housing, Section 8 vouchers, Section 8 project-based housing, Section 236 housing, the Rent Supplement program, and low-income units in some Housing Development Grant properties.

Which housing is not covered: Section 202 housing for older adults and Section 811 housing for disabled people are not covered. Neither is USDA rural housing. If your home has more than one kind of funding, ask a lawyer which rules apply.

1. Everyone must prove status, including citizens. Every household member, of every age, must show proof of U.S. citizenship or eligible immigration status. Citizens must provide documents (such as a U.S. birth certificate or passport), a Social Security number, a signed statement that they are a citizen, and a form that lets the agency check their status.
2. No more age exemption. In the past, people age 62 and older had an easier process. That exemption is gone. Older disabled adults now face the same paperwork as everyone else.
3. Status is checked through a federal database. The housing agency or owner checks status through a Department of Homeland Security system called SAVE. If SAVE cannot confirm someone’s status, a second check follows, and the family may need to provide more documents.
4. Partial help is only temporary. Mixed-status families will keep the partial help with paying rent only while the agency is still checking everyone’s status. People without eligible status get no help. A narrow exception lets some families who have had HUD help since June 19, 1995 keep partial help.
5. Owners must report some people to immigration authorities. Housing agencies and, for the first time, private owners must report household members to the Department of Homeland Security when an immigration agency or court has already decided they do not have legal permission to be in the U.S.
6. Short deadlines. Mixed-status families have 90 days after the rule takes effect to turn in proof. If someone cannot get their documents right away, the agency can only give no more than 60 extra days. After a second SAVE check, a person has 30 days to provide documents.

HUD says the rule does not require any eligible person to leave their home. HUD also says live-in aides will not need to provide their status, because they are not considered when deciding a person’s funding support in the same way family members are. And HUD says the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act still apply in full, including the duty to provide reasonable accommodations.

An estimated 5,400 disabled people of all ages, both citizens and noncitizens, live in mixed-status households in HUD-assisted housing and could lose their homes under this rule. More than two million other disabled citizens will have to face the rule’s new paperwork hurdles, which puts them at risk of losing their housing too. The harm to disabled people comes in four main ways.

1. It breaks up care. Many disabled people get daily support from family members who live with them and may help with bathing, meals, medication, getting to appointments, and communicating with doctors. Immigrant family members often do this work. In California, almost half of direct care workers are immigrants. If a caregiver is forced out of the home, that support is hard or impossible to replace. Losing it can lead to hospital stays, a decline in health, or being pushed into a nursing home or other institution. Disabled people have a right to live in the community and with trusted loved ones, not in institutions.
2. It puts accessible housing at risk. Accessible, affordable homes are very hard to find. Most rentals are not accessible. A family that loses a unit with a ramp, roll-in shower, or other features may not find another one. The rule assumes families can find other suitable housing because it is reported that local rentals are available. Available rentals do not mean an accessible and affordable unit is available.
3. It piles on paperwork. Getting a birth certificate or passport takes resources. It takes money, time, and the means to travel to government offices. Those trips are harder for people with significant health issues, or mobility, sensory, cognitive, or mental health disabilities. Disabled adults are also far less likely to have a driver’s license: about 20 percent of disabled adults lack one, compared to 6 percent of non-disabled adults. Reliable and accessible transportation is difficult for many disabled people to find. Eligible disabled people, including citizens, could lose help simply because they cannot get papers in time.
4. It leaves disabled children and adults with few options. Some protections in the rule depend on who is the head of household. For example, a family that has been assisted since June 19, 1995 can keep their current HUD supports only if the head of household or spouse has eligible status. When the parents are not eligible but a disabled child is, the family may get only a short notice before its HUD supports end. HUD says an eligible member can become head of household. A disabled adult may need support to take on that role, and that support is a reasonable accommodation you can ask for.

Disability rights still apply. The new rule does not cancel disability civil rights laws. HUD itself says the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, which outline rights for people with disabilities, still apply in full. Housing agencies and owners must follow these laws at every step: notices, document requests, meetings, hearings, and decisions about whether to give you more time before your HUD supports end.

• Section 504 of the Rehabilitation Act protects people with disabilities from discrimination in all programs and services that get federal money, including housing from HUD. This law says that housing providers must make requested changes to rules, policies, practices, or physical structures to meet a disabled person’s housing needs, unless doing so is so costly it harms the organization.
• The Fair Housing Act requires the same kinds of accommodations as Section 504 from almost all other types of housing providers, including private owners.
• Title II of the ADA requires public housing agencies and other state and local government programs to be fully accessible to people with disabilities, including programs run by city or county housing authorities.

• Reasonable accommodations. A change in a rule, policy, practice, or service that a disabled person needs to have an equal chance to use and enjoy their home.
• Effective communication. Information must reach disabled people in a way they can understand, such as large print, Braille, electronic files, sign language interpreters, or plain language explanations. HUD rules already require notices and documents in accessible formats.
• No discrimination. Agencies and owners cannot treat disabled people worse or use rules or methods that unfairly keep them out.

What an accommodation can and cannot do. An accommodation cannot make someone eligible if the rule says they are not. It can change how the rule is carried out, so a disabled person is not shut out of services by paperwork, deadlines, or communication barriers. An accommodation request is about a disabled person’s needs. You do not have to share anyone’s immigration status to ask for one.

A note on live-in aides. HUD says the rule does not apply to live-in aides. A live-in aide is someone who lives in the unit only to provide care that a disabled or older person needs. Whether a relative can qualify depends on the facts. Adding or changing a household member can mean sharing information about that person with the housing agency. Talk to a lawyer before you make any change to who is listed in your household.

How to ask for a reasonable accommodation. You can ask at any time: when you get a notice, before a deadline, before or during a hearing, or when asking for more time before your help ends. Ask early. The sooner you ask, the more time the agency has to respond before a deadline passes.

1. Put it in writing. A spoken request counts, but a written one is easier to prove. Email, a letter, or a form all work.
2. Say that someone in the household is disabled. You do not have to name a diagnosis.
3. Say what you need and why. Connect the change you are asking for to the disability. For example: “Because of my son’s disability, I cannot leave him alone to visit your office.”
4. Offer a note if asked. If the disability or need is not obvious, the agency can ask for a short note from a doctor, therapist, social worker, or other reliable person who knows about the disability. That note does not need to include medical records.
5. Keep copies. Save a copy of your request, the date you sent it, and any reply.
6. Follow up. If you do not hear back within a week or two, or before your deadline, contact the agency again in writing. If they say ‘no’ to your request, ask them to explain why in writing and to offer another option that would work.

Someone else can make the request for you, such as a family member, case manager, or advocate.

Change what is bolded and in brackets to fit your situation:

[Date]

To: [Name of housing agency or owner]

Re: Request for reasonable accommodation, [Your name and unit or voucher number]

I am writing about the notice I received on [date] asking my household to provide proof of citizenship or immigration status. [Name] in my household has a disability. Because of this disability, [describe the barrier, such as: “he cannot travel to your office” or “she needs help reading and understanding written notices”].

I am asking for the following reasonable accommodation(s) under Section 504 of the Rehabilitation Act, the Fair Housing Act, and the Americans with Disabilities Act:

– [Example: Meet with us by phone or at our home instead of at your office.]

– [Example: Give us the full extension of time to turn in documents.]

– [Example: Send copies of all notices to our support person, (name and contact).]

Please reply in writing by [date]. If you need more information, contact me at [phone or email].

Sincerely, [Your name]

Note: This letter does not share anyone’s immigration status. You should not share anyone’s immigration status unless a lawyer tells you to.

The deadlines are short, and missing one can cost your family its home. These dates assume the rule takes effect on December 14, 2026, as scheduled.

☐ Gather proof of citizenship or immigration status for every household member who has it, including citizens, children, and people 62 and older.

☐ If anyone is missing a birth certificate or other record, start the request now. Ask for an accommodation if getting it is hard because of a disability.

☐ Open every letter from your housing agency or owner. Write down each deadline.

☐ Choose a trusted support person and ask the agency to send them copies of all notices.

☐ Send your accommodation request early, in writing, and keep a copy.

☐ Ask the housing agency for its written policy on giving families more time before their housing help ends.

☐ Make a care plan. Think about who will provide daily support if a household member has to leave.

☐ If you get a denial or termination notice, ask for a hearing in writing within 30 days.

• Share immigration information about anyone in your household.
• Sign anything that gives up your assistance or agrees to move out.
• Remove someone from your household or add a new member.

You do not have to face these changes alone. Get legal help as early as you can, ideally before December 14, 2026.

• Free legal help with housing: Find a legal aid office near you at LawHelp.org.
• Help with immigration questions: Find a nonprofit immigration legal services provider at ImmigrationLawHelp.org. Talk to an immigration lawyer before sharing anyone’s status.
• Disability discrimination in housing: If a housing agency or owner refuses a reasonable accommodation or fails to communicate with you in an accessible way, you can file a complaint with HUD at 1-800-669-9777 or online. You can also contact a local fair housing organization or your state’s civil rights agency.
• Disability Rights Education and Defense Fund (DREDF): 510-644-2555, dredf.org.

Disabled people and immigrant families have always been stronger together. Know your rights, use them, and reach out for support.

The Department of Housing and Urban Development, Housing and Community Development Act of 1980: Verification of Eligible Status, Final Rule, 91 Fed. Reg. (Nov. 12, 2026) (24 CFR part 5, subpart E)

National Housing Law Project, Know Your Rights for Mixed-Status Families (Nov. 12, 2026) (covered and excluded programs)

DREDF, Comments in Opposition to Proposed Rule: Verification of Eligible Status, HUD Docket No. FR-6124-P-01 (Apr. 6, 2026), citing Center on Budget and Policy Priorities (Dec. 2025), Public Policy Institute of California (Apr. 2024), and Center for Democracy and Civic Engagement (Jan. 2024)

The Department of Housing and Urban Development, Report Housing Discrimination