OIRA Concludes Review of HUD Regulatory Changes Impacting Mixed-Status Families
Feb 09, 2026
By Sarita Kelkar, NLIHC Policy Intern
On January 28, the Office of Information and Regulatory Affairs (OIRA) concluded its review of HUD’s proposed mixed-status rule, a rulemaking that would directly impact mixed-status families’ access to housing assistance (see Memo, 10/6/25). The rulemaking is expected to impose immigration status verification and eliminate prorated assistance for mixed-status families—forcing immigrant households to make an impossible choice between family separation, self-eviction, and potential homelessness, with projections illustrating an inability to expand housing assistance even to fully eligible households thereafter.
Generally, OIRA concluding its review of a regulatory change means that the change has gotten closer to being published in the Federal Register. NLIHC will provide an analysis of the proposed rule in Memo to Members and identify opportunities for public comment once a rule is published. Because the final version of the rule is not yet available, this article summarizes the description OIRA has previously provided while describing impacts of the proposed mixed-status rule.
The term “mixed-status families” refers to households with at least one member who is not eligible for rental assistance based on their immigration status, outlined in Section 214 of the “Housing and Community Development Act of 1980.” Under current rules, mixed-status families can receive prorated assistance, where ineligible members can continue to live with covered family members of eligible immigration statuses. Findings from a December 2025 report released by the Center on Budget and Policy Priorities (CBPP) reveal that over 79,000 people in mixed-status HUD-assisted households would have to separate or lose their rental assistance based on the proposed rule (see Memo, 1/20/26).
Access the CBPP report here.
View OIRA’s conclusion of the proposed rule here and description here.
Learn more about mixed-status families’ access to housing in Chapter 6 of NLIHC’s 2025 Advocate’s Guide, “Housing Access for Immigrant Households.”