Affordable Senior Housing News 2026June12

June 5 Update: STILL DELAYED - HUD-Required Immigration Eligibility Reverification in Multifamily Housing.

On May 21, the Department of Housing and Urban Development (HUD) issued a new, one-time requirement for certain federally-assisted housing providers to reverify the immigration status of selected tenants within 30 days. Within the next month, based on a new EIV report from HUD, owners participating in HUD’s project-based Section 8 program will need to verify eligibility and if needed, adjust the calculations for prorated rental assistance for mixed-status households. The report is a follow-up from HUD's January directive on immigration status verification of tenants, at which time HUD proceeded with the requirement for Public Housing but told LeadingAge that further instructions were forthcoming for MFH owners. HUD has confirmed to LeadingAge that this new requirement applies only to Project Based Section 8 properties and does not apply to Section 202 or 811 PRACs (owners should disregard this requirement for PRAC properties). If an owner follows HUD instructions but does not see the EIV report for a particular property, that means that the property’s tenants were not flagged for discrepancies and the owner does not need to take action for that property. Discrepancies related to immigration status within the new EIV report do not necessarily mean that a tenant should lose housing assistance, and housing providers are still required to follow all the necessary steps to verify eligibility prior to making eligibility decisions. As of May 29, the HUD Immigration Verification EIV Report was temporarily not operational, and HUD instructed LeadingAge members to await further instructions. HUD will adjust the 30-day verification timeframe to accommodate delays. LeadingAge recommends that owners and agents document any attempts to access the report in the meantime.

Senators Introduce Bill to Allow Work Requirements, Time Limits in HUD-Assisted Housing. 

On June 3, Senators Marsha Blackburn (R-TN) and Katie Britt (R-AL) introduced a legislative version of recent regulatory efforts to allow work requirements in certain programs run by the Department of Housing and Urban Development (HUD). Called the Pathways to a Thriving Household (PATH) Act, the bill seeks to codify HUD’s proposed rule, which would give public housing authorities (PHAs) and HUD-assisted Multifamily Housing providers the authority to implement work requirements of up to 40 hours per week for “work-eligible adults.” Similar to HUD’s proposed rule, the legislative stipulates that the work requirements cannot be applied to an individual who is 62 or older; however, the housing provider could implement work requirements on other household members who are younger than 62, and the legislation states that housing providers can terminate assistance for either the household member or the entire household when a household member is out of compliance. The work requirements would also impact members of the aging services workforce, who may have inconsistent hours or schedules. The legislative effort seems to support the widely-held belief that HUD would need statutory authority prior to authorizing work requirements through the regulatory process – and contradict HUD statements about the existing legality of the proposed rulemaking. LeadingAge strongly opposes work requirements in federal rental assistance due to the harm for households and because of the burden on housing providers, who would have to cover the costs of required job training and supportive services without additional budget authority. Read the Senators’ press release here, and read LeadingAge’s comments opposing HUD’s proposed rule on work requirements here.

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