HUD’s Mixed-Status Rule Regulatory Impact Analysis Shows Rule Expensive & Harmful to Families

By Kayla Blackwell, NLIHC Senior Housing Policy Analyst and Renee Williams, NLIHC Senior Advisor for Public Policy 

NLIHC has released a fact sheet, “According to HUD Analysis, Proposed Mixed-Status Rule is Expensive, Harmful to Families” showcasing data from HUD’s Regulatory Impact Analysis (RIA), released in February 2026 (see Memo, 4/13). The RIA reveals stark realities if HUD’s proposed mixed-status rule (Proposed Rule) is finalized and implemented. Most notably, HUD will serve fewer families if the rule is implemented, and housing providers may be forced to reduce services and leave affordable housing units vacant.  

Advocates are encouraged to use the fact sheet to shed light on the foreseeable harms of this rulemaking ahead of the release of the final mixed-status rule.  

As of October 15, 2026, the rule was still at the Office of Information and Regulatory Affairs, generally one of the final steps in the rulemaking process.  

Background  

HUD’s proposed mixed-status rule, if finalized and implemented, would require families with mixed immigration statuses (mixed-status families) in certain HUD programs to choose between remaining together and losing their housing assistance. The proposal would also require all HUD-assisted tenants to verify their eligible immigration status, adding to burdensome paperwork requirements for housing providers. NLIHC worked with immigration and housing leaders to oppose the rule, supporting the Keep Families Together Campaign organized by Protecting Immigrant Families (PIF) and the National Housing Law Project (NHLP).   

While immigration status determines who is eligible for federal housing assistance, mixed-status families—households with eligible and ineligible members—are able to live together, albeit receiving a subsidy that only covers eligible members (known as prorated assistance). However, the proposed rule would end prorated assistance, mixed-status families’ ability to live together, and impose burdensome verification and documentation requirements. HUD’s own Regulatory Impact Analysis (RIA) demonstrates the costs of these changes—necessitating action from organizations and individuals alike (see Memo, 4/20).   

Regulatory Impact Analysis Fact Sheet 

When federal agencies propose significant regulatory changes, they must publish an RIA examining the potential costs, benefits, risks, and uncertainties of the proposed change. When HUD proposed the mixed-status rule, which would require mixed-status families in certain HUD programs to choose between staying together and losing their housing assistance, the RIA underscores how harmful the proposal would be for housing providers, families, and broader communities. 

Read the fact sheet.