Attorney General Bonta Opposes Federal Effort to Strip Housing Support for Mixed-Status Immigrant Households

Tens of thousands of Californians are at risk of eviction

OAKLAND — California Attorney General Rob Bonta today co-led a coalition of 22 attorneys general in submitting a comment letter opposing a proposed rule by the U.S. Department of Housing and Urban Development (HUD) that would prohibit mixed-status families — families comprised of at least one eligible individual and one or more individuals who are ineligible due to their immigration status — from living in public housing and from receiving other federal housing assistance, including Housing Choice Vouchers (Section 8) and project-based rental assistance. Attorney General Bonta and the coalition urge withdrawal of the proposal because it jeopardizes California families’ access to basic housing, increases burdens on state agencies, and undermines state laws and programs. 

“As families struggle to make ends meet in President Trump’s economy, we should be expanding housing stability — not stripping it away,” said Attorney General Bonta. “This proposal would hit California the hardest, putting tens of thousands at risk of eviction and destabilizing our economy. It is not just a terrible rule — it is fundamentally wrong and unlawful. If the Trump Administration does not withdraw it, we are prepared to take legal action in defense of our residents and their access to housing.”

Currently, HUD allows mixed-eligibility families to live together in subsidized housing with a decrease in the housing subsidy to exclude ineligible individuals from the assistance. In a major shift, under the proposed rule, entire households would face eviction from subsidized housing if just one member of the household is found ineligible for aid because of their immigration status. Among other things, the proposed rule would: 

• Strain state resources by requiring over one million Californians receiving federal housing assistance to newly verify eligibility and submit additional documentation, which will reduce access to subsidized housing for mixed-status families and affect approximately 7,000 households in California. 
• Impose new obligations that will discourage participation in HUD programs, such as requiring public housing authorities and private landlords to notify applicants and tenants that they must inform the Department of Homeland Security immediately whenever they determine that any member of a household is present in the U.S. in violation of the Immigration and Nationality Act.
• Evict families from subsidized housing even when some members, including U.S. citizens, are fully eligible, while also disproportionately burdening elderly citizens, people of color, individuals with disabilities, and low-income residents who may struggle to meet documentation requirements. 
• Exacerbate California’s housing crisis and, by HUD’s own analysis, lead to a reduction in the quantity and quality of assisted housing. 
• Violate the Administrative Procedure Act (APA) and the Paperwork Reduction Act.

Attorney General Bonta co-led the filing of today’s letter with New York Attorney General Letitia James. They are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.