Bill Text: NJ ACR103 | 2024-2025 | Regular Session | Introduced
Bill Title: Condemns federal rule proposal that would force families of mixed immigration status who reside in certain affordable housing to either separate or face eviction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [ACR103 Detail]
Download: New_Jersey-2024-ACR103-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 103
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Condemns federal rule proposal that would force families of mixed immigration status who reside in certain affordable housing to either separate or face eviction.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Concurrent Resolution condemning a rule proposal of the United States Department of Housing and Urban Development that would prohibit families of mixed immigration status from participating in various federal affordable housing programs.
Whereas, On May 10, 2019, the United States Department of Housing and Urban Development ("HUD") published a proposed rule, 84 F.R. 20589, that would prohibit "mixed-status" families from living in public housing and other federally-subsidized housing; and
Whereas, Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status; and
Whereas, Existing federal law allows families to live together in subsidized housing if one family member is ineligible, so long as the housing subsidy is decreased to exclude the ineligible person from the assistance; and
Whereas, Under existing federal law, status as an "ineligible" immigrant is not synonymous with being an "undocumented" immigrant; and
Whereas, Many immigrants possess legal status, but are still ineligible for participation in federally-supported housing programs, such as public housing and housing available through section 8 of the "United States Housing Act of 1937" (42 U.S.C. s.1437f); and
Whereas, The proposed rule would further require residents of subsidized housing under the age of 62 to have their immigration status screened through the Systematic Alien Verification for Entitlements Program, operated by the United States Department of Homeland Security, and families with members deemed "ineligible" could be evicted within 18 months; and
Whereas, HUD's analysis demonstrates that more than 55,000 children, who are U.S. citizens or are otherwise eligible for housing benefits, could face eviction under the proposed rule; and
Whereas, Because mixed-status families only receive prorated shares of housing subsidies, HUD's analysis shows that forcing those families out of federally-subsidized housing may result in spending millions of dollars in additional subsidy payments to support the same number of units occupied by families comprised entirely of eligible individuals; and
Whereas, To account for these higher costs, HUD could be forced to reduce the quality and quantity of assisted housing; and
Whereas, The proposed rule would be administratively burdensome to implement for housing authorities and private owners of federally-subsidized properties, and would force housing providers to focus their resources on eviction, additional staff, and regulatory compliance, while diverting resources away from property maintenance and the employment-related resident services; and
Whereas, To address our affordable housing crisis and ensure that everyone has a safe, accessible, and affordable place to call home, the President and Congress of the United States should invest in affordable housing resources for the benefit of families of modest means, regardless of immigration status, rather than propose new housing rules that could create unnecessary crises for thousands of families around the country that contain someone of ineligible immigration status; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature of the State of New Jersey condemns the rule proposal of the United States Department of Housing and Urban Development, published on May 10, 2019, that would prohibit families of mixed immigration status from residing in various forms of federally-subsidized housing.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the United States Secretary of Housing and Urban Development, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
STATEMENT
This resolution condemns a recent federal rule proposal that would force families of mixed immigration status who reside in certain affordable housing to either separate or face eviction.
The United States Department of Housing and Urban Development ("HUD") recently published a proposed rule, 84 F.R. 20589, that would prohibit "mixed-status" families from living in certain federally-subsidized housing. Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status.
Existing federal law allows families to live together in subsidized housing if a member is ineligible, so long as the housing subsidy is decreased to exclude that person from the assistance. Under existing law, status as an "ineligible" immigrant is not synonymous with being an "undocumented" immigrant. Many immigrants possess legal status, but are still ineligible for participation in federally-supported housing programs.
The proposed rule would further require residents of subsidized housing under the age of 62 to have their immigration status screened. Families with members deemed "ineligible" would be evicted within 18 months.
HUD's analysis demonstrates that more than 55,000 children, who are U.S. citizens or are otherwise eligible for housing benefits, could face eviction under the proposed rule. Furthermore, because mixed-status families only receive prorated shares of housing subsidies, HUD's analysis also shows that forcing those families out of federally-subsidized housing may result in spending millions of dollars in additional subsidy payments to support the same number of units occupied by families comprised entirely of eligible individuals. To account for these higher costs, HUD could be forced to reduce the quality and quantity of assisted housing.
The proposed rule would be administratively burdensome to implement for housing authorities and private owners of Section 8-assisted properties. The rule would force housing providers to focus their resources on eviction, additional staff, and regulatory compliance, while diverting resources away from property maintenance and employment-related resident services, to pay for additional staff and regulatory compliance.
To address our affordable housing crisis and ensure that everyone has a safe, accessible, and affordable place to call home, this resolution urges the President and Congress of the United States, to make new investments in affordable housing resources for the benefit of families of modest means, regardless of immigration status, rather than propose new housing rules that could create unnecessary crises for thousands people around the country, only because their family includes someone with ineligible immigration status.
