The section 214 noncitizen restrictions apply to a Section 236 project only as to tenants paying below market rent

s236.household_composition.noncitizen_restrictions_reach_below_market_rent_tenants_only · v1.0.0

24 CFR part 5 subpart E implements section 214 of the Housing and Community Development Act of 1980 and lists the programs it covers. For the Section 236 program the coverage is expressly partial: subpart E applies to section 236 assistance for TENANTS PAYING BELOW MARKET RENT ONLY. A Section 236 household paying the fair market rental charge is therefore outside the section 214 restrictions, while a household paying the basic rental charge or an intermediate amount representing 30 percent of adjusted income is inside them and must submit evidence of citizenship or eligible immigration status for each family member. Because a household's position between the basic and market charges moves with its income, the same household can move into and out of section 214 coverage between one annual review and the next, which is a distinction no other program in this corpus makes.

Confidence

high

Effective from

1996-02-09

Consequence model

agency finding with cure

Last reviewed

2026-08-29