CRL opposes the implementation of this proposed rule and any changes to HUD’s current eligibility status. The proposed rule will result in mixed-status families not been able to live as a family unit in subsidized housing.
CRL put forth the following arguments in support of its position:
- The plain text of 42 U.S.C. §1436a(b)(2) and §1436a(c)(1)(A) demonstrates that Congress intended for mixed-status families to remain in public housing, resulting in HUD exceeding its statutory authority with this proposed rule.
- Current law excludes non-citizens’ housing costs, already addressing mixed-status families.
- The proposed rule cannot survive independent judicial review under Loper Bright.
- Indirect benefits cannot justify this rule and do not give HUD authority to act contrary to Congress's explicit intent.
- The proposed rule is arbitrary and capricious under the Administrative Procedure Act.
- HUD has not grappled with the administrative record developed in the 2019–2021 rulemaking.
- HUD has failed to consider the reliance interests of mixed-status families.
- HUD’s own Regulatory Impact Analysis undermines its stated justification.
- This proposed rule will unquestionably worsen the affordability crisis.