24 C.F.R. § 5.522
§ 5.522 Prohibition of assistance to noncitizen students. (24 CFR Part 5)
Operative Text
(a) General. The provisions of §§ 5.516 and 5.518 permitting continued assistance or temporary deferral of termination of assistance for certain families do not apply to any person who is determined to be a noncitizen student as in paragraph (c)(2)(A) of Section 214 (42 U.S.C. 1436a(c)(2)(A)). The family of a noncitizen student may be eligible for prorated assistance, as provided in paragraph (b)(2) of this section. (b) Family of noncitizen students. (1) The prohibition on providing assistance to a noncitizen student as described in paragraph (a) of this section extends to the noncitizen spouse of the noncitizen student and minor children accompanying the student or following to join the student. (2) The prohibition on providing assistance to a noncitizen student does not extend to the citizen spouse of the noncitizen student and the children of the citizen spouse and noncitizen student.
Under 24 CFR Part 5 § 5.522, federal housing assistance is prohibited for noncitizen students as defined by Section 214 of the Housing and Community Development Act, and this prohibition extends to the noncitizen student's noncitizen spouse and any minor children accompanying or joining them. However, the rule draws a distinction for mixed-status families: a citizen spouse of a noncitizen student, and the children of that citizen-noncitizen couple, are not subject to the same prohibition. In such mixed-status households, prorated assistance may be available to cover the eligible family members.
Plain English — not legal advice.
Property owners and managers administering federally assisted housing under 24 CFR Part 5 § 5.522 generally conduct eligibility determinations that account for each household member's immigration and student status. Compliant operators recognize that the protections allowing continued or deferred assistance under §§ 5.516 and 5.518 do not apply to noncitizen students or their noncitizen spouses and accompanying minor children. When a household includes a citizen spouse or citizen-noncitizen children, operators typically calculate prorated assistance to reflect the eligible members of that mixed-status family.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are part of a household that includes a noncitizen student, 24 CFR Part 5 § 5.522 governs how federal housing assistance eligibility is assessed for each family member. Citizen spouses and children of a noncitizen student retain eligibility rights under this provision, and the household may be entitled to prorated assistance based on the eligible members. Tenants who believe their household's eligibility has been incorrectly assessed may raise the issue with their local housing authority, contact a HUD-approved housing counseling agency, or reach out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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