Over the past year, HUD has taken several actions that, while focused on different program areas, illuminate HUD’s emerging regulatory posture. Recent developments involving mixed-status families and criminal screening underscore a growing scrutiny on eligibility, documentation, and oversight. 

A Greater Emphasis on Eligibility Verification 

In February 2026, HUD published a proposed rule that would significantly revise how citizenship and immigration eligibility is verified in federally assisted housing programs covered by Section 214 of the Housing and Community Development Act of 1980. Among the most significant consequences of the proposed changes are: 

• Verification of citizenship or eligible immigration status for all applicants and participants regardless of age, eliminating the longstanding distinction that generally exempted citizens and certain noncitizens age 62 or older from documentation-based verification requirements 
• Elimination of the current “do not contend” option 
• New requirements for all household members to submit declarations and verification consent forms 
• Expanded use of citizenship and immigration status verification processes, including SAVE 
• Restriction of ongoing assistance for new applicants unless all household members can establish eligible status, with limited prorated assistance available in certain circumstances while verification is pending

The rule would shift HUD programs away from reliance on declarations and self-certification and toward documentary evidence, SAVE-based verification, and formal eligibility determinations supported by file documentation. Citizens who previously relied primarily on declarations could be required to provide evidence such as birth certificates, passports, naturalization certificates, or other acceptable documentation when verification cannot be completed through standard processes. Individuals added to a household, transferring between programs, or reporting changes in status could also trigger new verification requirements. 

The proposal would also establish specific timelines for submitting documentation. Applicants would generally be required to provide evidence of eligible status alongside other eligibility documentation. Existing mixed-status households would have 90 days to provide required evidence for household members whose status has not already been verified. Other participants would generally be required to comply at their next annual or interim reexamination. The rule would further require agencies to provide written notices, process written extension requests of up to 30 days when required documentation is temporarily unavailable and participants demonstrate prompt and diligent efforts to obtain it, conduct secondary verification when SAVE cannot confirm eligibility, and maintain supporting records for specified retention periods. 

Although the public comment period closed on April 21, 2026, HUD has not yet issued a final rule. Regardless of its final form, the proposal clearly signals HUD’s intended policy trajectory. 

Criminal Screening Is Receiving Renewed Attention 

HUD’s November 2025 criminal screening letter reflects a similar shift toward increased oversight and enforcement. The letter rescinded several longstanding guidance documents, including: 

• Notice 2015-19, Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions 
• Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions 
• Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions 

At the same time, HUD reaffirmed the responsibility of PHAs and owners to: 

• Screen applicants for criminal history before admission 
• Monitor criminal activity among assisted households 
• Remove individuals who pose a threat to resident safety or the peaceful enjoyment of assisted housing 
• Utilize available resources and safety measures to support secure housing communities 

The letter did not create new statutory authority. PHAs already possess significant authority under existing regulations to deny admission or terminate assistance in certain circumstances involving criminal activity. What here changed was the policy emphasis. HUD specifically highlighted the continued relevance of longstanding “One Strike” authorities and reinforced expectations that agencies actively utilize existing screening and enforcement tools. 

That emphasis has continued through additional HUD actions. In 2026, HUD announced a national crime reporting hotline intended to support the identification of criminal activity in HUD-funded housing, including gang activity, drug-related crime, sex offenses, human trafficking, fraud, and individuals HUD identifies as ineligible for assistance. HUD also connected the initiative to broader efforts involving citizenship verification, eligibility enforcement, and coordination with federal law enforcement agencies.

The Common Theme: Increased Oversight 

Although mixed-status eligibility and criminal screening are distinct in scope, both reflect a shared enforcement philosophy. 

HUD is emphasizing: 

• More verification 
• More documentation 
• More monitoring 
• Greater accountability for eligibility decisions 

The proposed mixed-status rule would require additional verification of citizenship and immigration status. The criminal screening guidance emphasizes ongoing evaluation of resident conduct and enforcement of existing occupancy requirements. Additional HUD actions, including increased interagency coordination and enforcement initiatives, operationally reinforce this initiative. 

These developments presage a shift toward ensuring that PHAs can clearly demonstrate why an applicant was admitted, why assistance was continued, or why adverse action was taken. PHAs need defensible decision-making supported by robust documentation.

What PHAs Should Be Doing Now 

While the mixed-status proposal is not yet final, PHAs do not need to wait for new regulations to begin preparing. 

Agencies should review their Administrative Plans and ACOPs to ensure that current eligibility, screening, and occupancy policies accurately reflect existing regulatory requirements and agency practices. Staff should understand the distinction between current requirements and proposed changes while remaining aware of where HUD policy appears to be heading. 

PHAs should also evaluate how citizenship documentation, immigration verification records, criminal screening documentation, and adverse action files are maintained. Agencies need to know how citizenship and immigration verification workflows would operate if SAVE verification volumes increase significantly.  

Finally, agencies should continue investing in staff training. Eligibility determinations are becoming more complex, documentation expectations are growing, and compliance reviews are increasingly focused on whether files support the actions that were taken. 

Looking Ahead 

HUD’s recent actions suggest a policy environment that is placing greater emphasis on verification, documentation, and enforcement. Whether the issue involves citizenship eligibility, immigration status, or criminal screening, the common expectation is that agencies must be able to demonstrate compliance through clear, well-supported decisions. 

For PHAs, proactive compliance assessment is the most effective response. It is imperative to ensure today that policies are current, staff understand requirements, and files contain the documentation necessary to support every eligibility and occupancy determination. 

The agencies that are best positioned for future compliance reviews will be those that view these developments not as isolated policy changes, but as indicators of direction toward increased oversight of assisted housing programs. 

Resources to Support Your Team  

For PHAs that want to stay ahead of HUD’s compliance signals without monitoring every notice in real time, AMA Consulting Group’s Affordable Housing Policy Alerts deliver curated regulatory updates straight to your inbox. 

When Additional Support May Make Sense  

For agencies facing a large number of corrections, limited internal capacity, or complex eligibility scenarios, short-term support or targeted refresher training can reduce risk and help teams meet the timeline with confidence. Reviewing Administrative Plan provisions related to eligibility status verification can ensure procedures are clearly documented and accessible to staff.   

AMA works alongside PHAs to provide program-focused support that aligns with HUD requirements and real-world operational constraints.