Comments in Response to Proposed Rulemaking: Housing and Community Development Act of 1980: Verification of Eligible Status

Public Rights Project supported a coalition led by San Francisco and Los Angeles to oppose a federal rule that would displace families with mixed immigration statuses from subsidized housing. The public comment was filed on behalf of 20 local governments.

The Department of Housing and Urban Development (HUD) is proposing to rescind its long-standing policy allowing families to stay together in housing even when one member may be ineligible for benefits. If finalized, the rule would separate families, jeopardize residents’ health and wellbeing, and shift significant costs onto local governments.

The coalition comment identifies the ways local governments will bear the burden if this rule takes effect:

• Potential mass evictions or homelessness: Especially in high-cost localities, this rule threatens to harm the most vulnerable in our communities — children and seniors — with 75% of affected households including children. Families could be separated, causing major instability in communities.  
• New costs: As thousands of people are displaced as a result of this rule, local governments will face increased demand for services such as eviction defense, emergency shelter, and temporary housing. New homelessness costs created by this rule for local governments could range from $20,000 to $50,000 per person, per year. 
• Housing market disruption: Local governments rely on public-private partnerships — such as voucher programs, where housing authorities offer rental assistance and private landlords provide housing. Mass evictions would mean lost rent, turnover costs, and broader economic harm. 

The impacts on individuals and communities are real and measurable — but the proposed rule is also illegal. It conflicts with federal laws promoting fair housing and homelessness prevention, offers no justification for departing from long-standing regulations, and fails to consider the effects on municipalities. 

Read the comment.