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PROPOSED RESOLUTION
OPPOSING THE PROPOSED RULE FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REGARDING THE VERIFICATION OF ELIGIBLE STATUS WITHIN THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is tasked with addressing the country's housing needs through policy and programs, improving and developing communities, and enforcing fair housing laws; and
WHEREAS, on May 10, 2019, HUD published a proposed rule in the Federal Register of the United States Government that would amend the Housing and Community Development Act of 1980 to require verification of eligible status for persons receiving housing assistance; and
WHEREAS, the proposed rule would require the verification of the eligible immigration status of all recipients of assistance under a covered program who are under the age of 62; and
WHEREAS, furthermore, individuals who are not in eligible immigration status may not serve as the leaseholder, even as part of a "mixed status" family whose assistance is prorated based on the percentage of members with eligible status; and
WHEREAS, according to the National Housing Law Project, this rule would target "mixed-status" households, who based on their immigration status are eligible and ineligible for receiving financial assistance from HUD but who, based on longstanding federal law, can still live together; and
WHEREAS, Section 214 of the Act currently prohibits the Secretary of HUD from making financial assistance available to persons other than United States citizens or certain categories of eligible noncitizens in the Department's public and specified assisted housing programs; and
WHEREAS, HUD has indicated that this rule is needed to better align with the requirements of Section 214 which prohibits making financial assistance available to persons other than U.S. citizens, nationals, or certain eligible categories of noncitizens; and
WHEREAS, the Pew Charitable Tru...
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