Important News

HUD Directs PHAs and Owners to Verify Citizenship for All Tenants in HUD-Funded Housing After Nationwide Audit

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Key takeaways

  • A HUD–DHS audit found nearly 200,000 tenants requiring eligibility verification, about 25,000 deceased tenants, and nearly 6,000 ineligible non‑American tenants in HUD-funded housing.
  • HUD has given Public Housing Authorities (PHAs) and owners 30 days to review EIV-SAVE Tenant Match Reports, verify citizenship/immigration status, and take corrective actions.
  • PHAs and owners who do not comply with the directive may face sanctions and HUD says it will recapture payments made for ineligible or deceased tenants.
  • The action follows a Memorandum of Understanding (MOU) between HUD and DHS and an upload of HUD Section 8 and Section 9 tenant files to the SAVE system for verification.
  • HUD cites legal obligations under Section 214 of the Housing and Community Development Act of 1980 and President Trump’s Executive Order 14218 as the basis for the verification requirement.

Follow Up Questions

What exactly does Section 214 of the Housing and Community Development Act of 1980 require regarding citizenship verification?Expand

Section 214 (42 U.S.C. §1436a) bars HUD financial assistance to persons who are not U.S. citizens or certain categories of eligible non‑citizens and requires that assistance be provided only to those with verified eligible immigration/citizenship status. HUD’s implementing regulations (24 C.F.R. part 5, subpart E) require documentation of status, use of verification systems (e.g., SAVE), and that assistance not be paid on behalf of an individual whose eligible status has not been verified (except while verification is pending as allowed by the rule).

What is the EIV-SAVE Tenant Match Report and how does the SAVE system verify immigration or citizenship status?Expand

The EIV–SAVE Tenant Match Report is a HUD/REAC report that combines HUD’s Enterprise Income Verification (EIV) data with USCIS’s SAVE checks. SAVE (Systematic Alien Verification for Entitlements) is a USCIS/DHS online service that verifies an individual’s immigration/citizenship category by matching applicant-supplied biographic/documents against DHS/USCIS records and returning response codes; benefit agencies interpret SAVE responses to decide eligibility.

Who are Public Housing Authorities (PHAs) and what responsibilities will this directive place on them?Expand

Public Housing Authorities (PHAs) are locally operated housing agencies that administer HUD public housing and HCV/Section 8 programs. The HUD directive requires PHAs to review their EIV‑SAVE Tenant Match Reports, verify individuals’ citizenship/immigration status (using SAVE and required documentation), correct any inaccurate status reporting, and take programmatic actions (e.g., remove ineligible tenants, adjust assistance) within 30 days or face penalties.

What rights or appeal processes will tenants have if their status is flagged as ineligible or if a tenant is listed as deceased?Expand

HUD’s public notice and SAVE guidance show agencies must provide applicants/participants an opportunity to contest or supplement information used in SAVE (agencies typically must follow SAVE procedures and program grievance/appeal rules). Exact appeal steps depend on program and local PHA/owner grievance procedures; HUD guidance requires agencies to allow verification reviews and to follow HUD eligibility/denial procedures when terminating or denying assistance.

How will HUD and DHS protect tenants’ personal and immigration data during the verification process?Expand

Federal SAVE and DHS/USCIS privacy documents and HUD EIV privacy notices state that SAVE/EIV exchanges are covered by interagency agreements and privacy controls; SAVE operates under USCIS privacy safeguards (PIA/SORN) and uses secure, authorized access and limited-purpose data sharing. HUD guidance also references privacy protections for tenant data; details on access, logs, and disclosures are in USCIS/DHS SAVE privacy materials and HUD notices.

How will HUD handle mixed-status households where some members are citizens and others are non-citizens?Expand

Under Section 214/HUD regulations, mixed‑status households can receive prorated assistance: eligible members’ subsidy is calculated separately and assistance may be apportioned so that the presence of an ineligible household member does not automatically deny aid to eligible members; PHAs must follow HUD’s rules for calculating and documenting prorated benefits.

What specific sanctions or recoupment processes will HUD use against PHAs or owners that fail to comply?Expand

HUD’s announcement says noncompliance may lead to unspecified ‘‘sanctions’’ and that HUD will recapture (recover) payments made for ineligible or deceased tenants; HUD often uses remedies such as financial recovery (repayment/recoupment), withholding funds, administrative sanctions under program contracts, and debarment/other penalties, but the HUD release does not list step‑by‑step sanctions—specific enforcement actions would be applied under applicable HUD statutes, regulations, and program agreements.

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