Michigan Attorney General Dana Nessel has joined a coalition of 22 attorneys general in submitting a formal comment letter to the U.S. Department of Housing and Urban Development (HUD).
The group is opposing a proposed federal rule that would prohibit “mixed-status” families from living in public housing or receiving federal rental assistance, such as Housing Choice Vouchers (Section 8).
A mixed-status family consists of at least one individual eligible for federal housing aid and one or more members who are ineligible due to their immigration status.
Under current HUD regulations, these families can reside in subsidized housing as long as the financial assistance is prorated to cover only the eligible members.
The proposed rule would shift this policy, making an entire household ineligible for assistance and subject to eviction if a single member is found to be ineligible.
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“Stripping housing support from Michiganders is unlawful, inhumane, and abandons families when they need help the most,” Nessel said in a statement. “This proposed rule forces residents into the impossible choice of keeping a roof over their heads by pushing their loved ones – some who have been in this country for decades – onto the streets, or forgoing their housing assistance entirely. It will only exacerbate the housing crisis and cannot be allowed to go into effect.”
The coalition argues that the proposed changes would create new administrative burdens and strain state resources. The letter details several specific concerns regarding the impact of the rule:
- Documentation Requirements: The rule would require all individuals seeking assistance to verify their eligibility through additional documentation, which the coalition claims could reduce overall access for eligible families.
- Reporting Obligations: Private landlords and public housing authorities would be required to notify the Department of Homeland Security if they determine a household member is in the U.S. in violation of immigration laws.
- Impact on Eligible Residents: The rule would result in the eviction of households even when members, including U.S. citizens, are fully eligible for aid. The coalition notes this could disproportionately affect low-income residents, the elderly, and individuals with disabilities.
Furthermore, the attorneys general claim the proposal violates the Administrative Procedure Act (APA) and the Paperwork Reduction Act. They also pointed to HUD’s own analysis, which suggests the change could lead to a reduction in the quantity and quality of available assisted housing.
In filing the comment, Michigan joins attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington. The coalition is urging the federal government to withdraw the proposal entirely.
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