Housing for Eligible Noncitizens

There are federal housing programs that allow families with eligible noncitizens to qualify, and some that have no restrictions at all.

To find housing for families eligible noncitizens, start by reviewing the qualifications.

Step 1: Review the qualifications for eligible noncitizens.

To qualify for federal housing as an eligible noncitizen, the head of household must meet any of the following requirements, as defined by CFR24 § 5.506:

"Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the
United States and is—

1. an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, 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;
2. an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 1259 of title 8;
3. an alien who is lawfully present in the United States pursuant to an admission under section 1157 of title 8 or pursuant to the granting of asylum (which has not been terminated) under section 1158 of title 8;
4. an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8;
5. an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 1231(b)(3) of title 8;
6. an alien lawfully admitted for temporary or permanent residence under section 1255a of title 8; or
7. an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.

If there are any family members who do not qualify as an eligible noncitizen, the household may still qualify as a "mixed family," under the following conditions:

1. General.  A mixed family may receive continued housing assistance if all of the following conditions are met (a mixed family assisted under a Housing covered program must be provided continued assistance if the family meets the following conditions):
   1. The family was receiving assistance under a Section 214 covered program on June 19, 1995;
   2. The family's head of household or spouse has eligible immigration status as described in § 5.506; and 
   3. The family does not include any person (who does not have eligible immigration status) other than the head of household, any spouse of the head of household, any parents of the head of household, any parents of the spouse, or any children of the head of household or spouse. 
2. Proration of continued assistance.  A family entitled to continued assistance before November 29, 1996 is entitled to continued assistance as described in paragraph (a) of this section. A family entitled to continued assistance after November 29, 1996 shall receive prorated assistance as described in § 5.520."

Families who are unsure if they qualify qualify can ask the housing provider for assistance.

Step 2: Find HUD housing programs for eligible noncitizens.

HUD's Section 8, Public Housing, and Housing Development Grant programs allow families that are considered "mixed families" to be eligible for assistance. Mixed families are those that include members who are not citizens and do not have appropriate immigration status, to be eligible for assistance. These programs also adjust the amount of rent the tenant pays based on the number of people in the household who are eligible immigrants. This is called prorated assistance or prorated rent.

Read more about how to qualify and apply for these housing programs:

• Section 8 Housing Choice Voucher Program
• Public Housing
• Section 8 Project Based Rental Assistance

Step 3: Find other housing programs for eligible noncitizens.

If you live in a rural area, there may be low-income apartment communities funded through the U.S. Department of Agriculture (USDA). USDA programs can also serve mixed households, but the head of the household must be a citizen or lawful permanent resident. Rent subsidy is not pro-rated based on the number of other household members who are not eligible immigrants.

Three programs, the Section 514 and Section 516 Farm Labor Housing programs, and Section 521 Rural Rental Assistance have restrictions based on immigration status. The Section 516 program provides subsidized loans to farmers and community nonprofit organizations to build affordable housing for farm workers, with the Section 516 program providing grants to community organizations building these low-income rental communities. Tenants must be employed in farm labor in order to live in these apartments. Households must have incomes below 80% of Area Median Income to qualify for this housing. The head of the household must be a U.S. citizen or a Lawful Permanent Resident. A Lawful Permanent Resident is a non-citizen who has been authorized to live and work in the U.S. on a permanent basis. The permanent resident card they receive is often called a “green card.”

Section 521 rental assistance can be attached to projects with different funding sources, as long as they are located in a rural area. The head of the household must be a citizen or a lawful permanent resident. Tenants pay 30% of their adjusted monthly income or 10% of their gross monthly income for rent.  There is no proration of rent for mixed households like there is with HUD programs. You can earn up to 80% of the Area Median Income (AMI) to live in an apartment with Section 521 rental assistance. If Section 521 rental assistance is being used in a property whose funding would otherwise allow undocumented households, such as USDA's Section 515 program, the stricter rental assistance eligibility rules would apply and the head of the household would have to be a citizen or lawful permanent resident.

For more information on how to apply for these programs, visit the USDA Rural Development Multi-Family Housing Rentals page here, and contact the property for assistance.