Section 214 Verification Changes are on the horizon, and if finalized, they will significantly impact how PBRA owners verify citizenship and eligible immigration status.
HUD’s proposed rule revises 24 CFR Part 5, Subpart E to more closely align with the statutory language of Section 214 of the Housing and Community Development Act of 1980. For Project-Based Rental Assistance (PBRA) owners and agents, the operational implications are clear: tighter verification standards, fewer flexibilities, and greater documentation responsibility.
Here’s what multifamily teams should be preparing for now.
1. Verification Required for Every Household Member
One of the most significant Section 214 Verification Changes is the requirement that all household members, regardless of age, must declare and verify eligibility status.
If finalized:
- Every household member must submit a signed declaration.
- Every household member must sign a verification consent form.
- Noncitizens must provide acceptable immigration documentation.
- Owners must verify status using the SAVE system.
Current age-based exemptions would no longer apply. This means elderly residents and children would be subject to the same verification process as other household members.
For PBRA properties, that translates into expanded documentation collection and updated file review procedures.
2. Elimination of the “Do Not Contend” Option
Another major Section 214 Verification Change is the removal of the long-standing “do not contend” provision.
Under current regulations, a household member may elect not to claim eligible status and simply be excluded from subsidy calculations. The proposed rule removes that option entirely 2026-03405.
If adopted:
- All household members must declare citizenship or eligible immigration status.
- All household members must undergo verification.
- Long-term prorated assistance tied to “do not contend” elections would no longer be permitted.
For PBRA mixed families, this change could require restructuring certifications and resolving status questions more quickly.
3. Prorated Assistance Becomes Temporary
The proposed Section 214 Verification Changes also redefine when prorated assistance may be used.
Proration would be permitted only:
- While SAVE verification is pending,
- During secondary verification, or
- During the informal hearing process.
Indefinite prorated assistance would no longer be allowed except in limited preservation circumstances tied to long-term occupancy requirements described in the rule.
PBRA owners will need tighter tracking systems to ensure proration does not extend beyond allowable timeframes.
4. SAVE Becomes Central to Compliance
The proposed rule formalizes SAVE as the primary verification method for both:
- U.S. citizenship and nationality
- Eligible immigration status
Owners would be required to:
- Submit biographic information and approved identifiers (including SSNs) into SAVE
- Conduct secondary verification when SAVE does not confirm status
- Provide written notices when verification fails
- Retain documentation for five years
For PBRA portfolios, this likely means updating internal compliance procedures, retraining staff, and revising consent language.
5. Reporting Requirements Clarified
The rule also reinforces reporting obligations under federal law if personnel determine a household member is present in violation of immigration law.
This creates clearer alignment between PHAs and PBRA owners regarding compliance expectations.
What PBRA Owners Should Do Now
While these Section 214 Verification Changes are still proposed, preparation is prudent.
Owners and agents should:
- Identify households currently using prorated assistance.
- Review any files relying on “do not contend.”
- Confirm SAVE system access and staff familiarity.
- Evaluate current declaration and consent forms.
- Prepare for updated certification procedures.
HUD has stated that most assisted households are fully eligible, but for mixed families, these changes could significantly alter certification workflows.
Section 214 Verification Changes represent a shift toward stricter statutory alignment and uniform verification standards. For PBRA owners, the focus will be documentation accuracy, timely verification, and proactive compliance management.
We’ll continue monitoring the rulemaking process and provide updates as HUD moves toward final action.
