The section 214 citizenship and immigration status requirements do not reach a BMIR unit

bmir.household_composition.section_214_citizenship_restrictions_do_not_apply · v1.0.0

The restriction on assistance to noncitizens under section 214 of the Housing and Community Development Act of 1980 does not apply to the Section 221(d)(3) BMIR program. 24 CFR 5.500(a) lists the programs subpart E reaches - Section 235, Section 236 for tenants paying below market rent only, the Rent Supplement program, and the programs assisted under the United States Housing Act of 1937 - and BMIR is not among them. HUD Handbook 4350.3 states the exclusion expressly: the requirement to terminate assistance where citizenship or eligible immigration status cannot be established does not apply to Section 202 PRAC, Section 811 PRAC, Section 202 PAC or Section 221(d)(3) BMIR. An owner must therefore not condition eligibility for, or continued occupancy of, a BMIR-only unit on a family member's citizenship or immigration status, and must not terminate assistance on that ground.

Confidence

high

Effective from

2013-11-27

Consequence model

agency finding with cure

Last reviewed

2026-08-30