San Francisco leads coalition opposing HUD proposal targeting immigrant families

San Francisco, CA (April 22, 2026) — San Francisco City Attorney David Chiu announced today that San Francisco has led a coalition of local governments in submitting a formal comment urging the U.S. Department of Housing and Urban Development (HUD) to withdraw its proposed rule that would bar families with mixed immigration status from federal housing programs. The proposed rule is unlawful and departs from decades of federal precedent allowing these families to live in federally subsidized housing.

For decades, HUD has provided prorated rental assistance to mixed-status families, only subsidizing the residents with eligible immigration status. HUD’s new proposed rule would end prorated rental assistance for mixed status households and prohibit mixed status households from living in public housing and Section 8 units.

The local government coalition’s comment warns that the proposal is unlawful, would force thousands of eligible residents out of their homes, and could significantly increase homelessness in communities already facing severe housing shortages.

“The federal government should be helping to prevent homelessness, not making it worse,” said San Francisco City Attorney David Chiu. “For decades, federal law has allowed mixed‑status families to stay together with prorated assistance. This rule would destabilize affordable housing nationwide, increase homelessness, and punish eligible people simply because of who lives in their household. We are proud to stand with cities and counties across the country to oppose this harmful proposal.”

Background
Mixed status families are comprised of members who have eligible and ineligible immigration statuses for purposes of participation in federal housing programs under the Housing and Community Development Act of 1980. That law explicitly allows mixed status families to live together in federally funded public housing and Section 8 voucher units. Their rent is prorated, meaning HUD only subsidizes the people in the household with eligible immigration status.

On February 20, 2026, HUD issued a proposed rule that would eliminate long‑standing federal policy that allows mixed‑status families to reside together while receiving prorated housing assistance. The rule would cut off assistance for these families in public housing, Section 8, and project‑based voucher programs, effectively punishing households that include members with both eligible and ineligible immigration statuses. The change would displace low‑income families and push people into homelessness or overcrowded, unstable housing. Children who are U.S. citizens would be most affected as they are members of nearly 75 percent of mixed‑status households receiving assistance.

The proposed rule would impose significant financial burdens on local governments as programs to help residents avoid homelessness and emergency shelter services would face increased demands. It would also destabilize affordable housing operations by reducing rental income and driving up vacancies.

HUD’s proposal is illegal and contradicts the plain language of Section 214 Housing and Community Development Act of 1980, which requires prorated assistance for mixed‑status families when at least one household member is eligible. This change goes against Congress’s intent to prevent family separation and maintain proration as a permanent feature of federal housing programs. The comment argues that the proposed rule is arbitrary and capricious because HUD ignores the foreseeable harm and does not give a valid reason for the change. The coalition’s comment urges HUD to withdraw the proposed rule in its entirety.

The following cities and counties joined San Francisco in submitting the comment.

• Baltimore, Maryland
• Bend, Oregon
• Boston, Massachusetts
• Chicago, Illinois
• Cincinnati, Ohio
• Evanston, Illinois
• Hennepin County, Minnesota
• Los Angeles, California
• Marin County, California
• New Haven, Connecticut
• New York, New York
• Oakland, California
• San Diego, California
• San Jose, California
• San Mateo County, California
• Santa Clara County, California
• Seattle, Washington
• Sonoma County, California
• Tucson, Arizona

The proposed rule is Housing and Community Development Act of 1980: Verification of Eligible Status (HUD Docket No. FR‑6524‑P‑01).