	Introduction

Noncitizen eligibility varies among the needs-based housing programs administered by the U.S. Department of Housing and Urban Development (HUD). There is uncertainty surrounding how the eligibility requirements of PRWORA and Section 214 interact, leading to conflicting interpretations of the categories of noncitizens eligible for certain housing programs. Also, the documentation requirements for establishing eligible immigration status reflect the differing eligibility rules and are dependent on (1) the housing program, (2) the citizenship status of the applicant, and (3) the age of the applicant. Laws and Regulations Governing Alien Eligibility

		Personal Responsibility and Work Opportunity Reconciliation Act of 1996

In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) which established new restrictions on the eligibility of noncitizens for public benefits. PRWORA explicitly states that aliens, unless they are qualified aliens, are not eligible for "federal public benefits," a term defined in the law to include public and assisted housing. However, PRWORA did not make those who had been receiving housing benefits before the date of enactment (August 22, 1996) ineligible for housing benefits. Likewise, PRWORA exempted certain types of programs that are usually thought of as emergency programs from the eligibility restrictions. Thus, nonimmigrants and unauthorized aliens (i.e., aliens who do not meet the definition of qualified aliens) are eligible for emergency programs. Section 214 of the Housing and Community Development Act of 1980

Section 214 of the Housing and Community Development Act of 1980, as amended, states that only certain categories of noncitizens are eligible for benefits under specified housing programs. Under Section 214, the Secretary of Housing and Urban Development may not make financial assistance available to an alien unless the alien both is a resident of the United States and is
an alien lawfully admitted for permanent residence as an immigrant ... excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; an alien who ... is deemed to be lawfully admitted for permanent residence [under the registry provisions of the INA]; an alien who has qualified ... [as a refugee or asylee]; an alien who is lawfully present in the United States as a result of an exercise [of the Attorney General's parole authority] ...; an alien within the United States as to whom the Attorney General has withheld deportation [on the basis of prospective persecution] ...; or an alien lawfully admitted for temporary or permanent residence under Section 245A of the Immigration and Nationality Act. Comparison of PRWORA and Section 214

The aliens eligible for housing assistance under Section 214 are similar to those eligible for federal public benefits under PRWORA (i.e., those who are not prohibited from eligibility), with some exceptions. Examples of other HUD needs-based housing programs include the Section 202 Housing for the Elderly program, the Section 811 Housing for the Disabled program, the Community Development Block Grant program and the HOME Investment Partnerships program. HUD has not issued guidance defining which types of assistance under the other needs-based housing programs are "federal public benefits" and subject to PRWORA's noncitizen eligibility restrictions.
The issue of noncitizen eligibility for federally funded programs, including needs-based housing programs, is a perennial issue in Congress. Noncitizen eligibility varies among the needs-based housing programs administered by the U.S. Department of Housing and Urban Development (HUD), such as Public Housing, Section 8 vouchers and project-based rental assistance, homeless assistance programs, housing for the elderly (§202) and the disabled (§811), the HOME program, and the Community Development Block Grants (CDBG) program. Two laws govern noncitizen eligibility for housing programs: Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform) and Section 214 of the Housing and Community Development Act of 1980, as amended.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) explicitly states that aliens, unless they are qualified aliens, are not eligible for "federal public benefits," a term defined in the law to include public and assisted housing. Under the statute, unauthorized (illegal) aliens do not meet the definition of qualified aliens, and as a result, they are ineligible for "federal public benefits." However, PRWORA did not make those who had been receiving housing benefits before the date of enactment (August 22, 1996) ineligible for housing benefits. Likewise, PRWORA exempts certain types of programs that are usually thought of as emergency programs from the alien eligibility restrictions. HUD has not issued guidance implementing the PRWORA provisions.
Section 214 of the Housing and Community Development Act of 1980 states that only certain categories of noncitizens are eligible for benefits under the housing programs covered by Section 214. Unauthorized aliens are not eligible for benefits under Section 214. The aliens eligible for housing assistance under Section 214 are similar to those eligible for federal public benefits under PRWORA, with some exceptions.
There is uncertainty surrounding how the eligibility requirements of PRWORA and Section 214 interact, leading to conflicting interpretations of the categories of noncitizens eligible for housing programs. A provision addressing this issue was considered during the FY2003 appropriations debate, but not included in the final bill.
There has been congressional interest regarding the implementation of the eligibility requirements for housing programs. Specifically, questions have been raised as to the documentation requirements placed on both citizens and noncitizens in determining eligibility for housing programs. The documentation requirements are dependent on (1) the housing program, (2) the citizenship status of the applicant, and (3) the age of the applicant.