[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Rules and Regulations]
[Pages 60535-60540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30498]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 5
[Docket No. FR-4154-I-01]
RIN 2501-AC36
Revised Restrictions on Assistance to Noncitizens
AGENCY: Office of the Secretary, HUD.
ACTION: Interim rule.
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SUMMARY: Section 214 of the Housing and Community Development Act of
1980 prohibits HUD from making certain financial assistance available
to persons other than United States citizens, nationals, or certain
categories of eligible noncitizens. This interim rule revises HUD's
regulations governing assistance to noncitizens to incorporate the
recent statutory amendments made to Section 214 by the Use of Assisted
Housing by Aliens Act of 1996 (``Immigration Reform Act''). This rule,
however, does not amend the noncitizen requirements for Indian Housing
Authorities (IHAs). Further, this rule does not implement the
provisions of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (``Welfare Reform Act'') which concern
immigration. The changes to HUD regulations required by that Act will
be the subject of future rulemaking.
DATES: Effective date: November 29 1996.
Comments due date: November 29, 1996.
ADDRESSES: Interested persons are invited to submit comments regarding
the interim rule to the Office of General Counsel, Rules Docket Clerk,
Room 10276, Department of Housing and
[[Page 60536]]
Urban Development, 451 Seventh Street, SW, Washington, DC 20410-0500.
Communications should refer to the above docket number and title.
Facsimile (FAX) comments are not acceptable. A copy of each
communication submitted will be available for public inspection and
copying during regular business hours (7:30 a.m. to 5:30 p.m. Eastern
Time) at the above address.
FOR FURTHER INFORMATION CONTACT: For the covered programs, the
following persons should be contacted:
(1) For Public Housing, Section 8 Rental Certificate, Rental
Voucher and Moderate Rehabilitation (except Single Room Occupancy--
``SRO'') programs--Linda Campbell, Office of Public Housing, Room 4206,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 708-0744;
(2) For the Section 8 Moderate Rehabilitation SRO program--Dave
Pollack, Office of Special Needs Assistance Programs, Room 7262,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 708-1234;
(3) For the other Section 8 programs, the Section 236 programs,
Housing Development Grants and Rent Supplement--Barbara Hunter, Office
of Asset Management and Disposition, Room 6182, Department of Housing
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410,
telephone (202) 708-3944; and
(4) For the Section 235 homeownership program--Morris Carter,
Office of Lender Activities and Program Compliance, Room 9156,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 708-1515.
For persons with hearing or speech impairment, the TTY number is 1-
800-877-8339 (Federal Information Relay Service TTY). With the
exception of the ``800'' number, none of the foregoing telephone
numbers are toll-free.
SUPPLEMENTARY INFORMATION:
I. Background
A. HUD's Implementation of Section 214 of the Housing and Community
Development Act of 1980
On March 20, 1995 (60 FR 14816), HUD issued its final rule
implementing Section 214 of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a) and that rule became effective on June 19,
1995. Section 214 prohibits HUD from making certain financial
assistance available to persons other than United States citizens,
nationals, or specified categories of eligible noncitizens.
HUD's March 20, 1995 final rule promulgated virtually identical
``noncitizen'' regulations for the various HUD programs covered by
Section 214. On March 27, 1996 (61 FR 13614), HUD, as part of its
continuing regulatory reform efforts, published a final rule
eliminating the repetitiveness of these duplicative regulations by
consolidating the noncitizens requirements in a new subpart E to 24 CFR
part 5. HUD established part 5 to set forth those requirements which
are applicable to one or more program regulations. The March 27, 1996
final rule, however, did not consolidate the noncitizen requirements
for HUD's Indian Housing programs.
B. This Interim Rule
This interim rule revises HUD's regulations at 24 CFR part 5,
subpart E by incorporating the recent amendments made to Section 214 by
the Use of Assisted Housing by Aliens Act of 1996 (Title V, Subtitle E
of the Illegal Immigration Reform and Responsibility Act of 1996, Pub.
L. 104-208, 110 Stat. 3009, approved September 30, 1996) (the
Immigration Reform Act). The Native American Housing Assistance and
Self-Determination Act of 1996 (Pub. L. 104-330; 110 Stat. 4016;
approved October 26, 1996) completely revises HUD's Indian Housing
programs, this interim rule does not amend the noncitizen requirements
for Indian Housing Authorities (IHAs) in Sec. 950.310. The transition
notice and regulations promulgated under the Native American Housing
Assistance and Self-Determination Act of 1996 will address the
applicability of the Section 214 requirements as amended by the
Immigration Reform Act.
The most significant changes made to Section 214 by the Immigration
Reform Act, and consequently to HUD's existing Section 214 regulations
by this interim rule are as follows:
1. The interim rule provides that responsible entities may not make
assistance available to a family applying for assistance until at least
the eligibility of one family member has been established, and
assistance must be prorated based on the number of individuals in the
family for whom eligibility has been affirmatively established. Related
to this issue, the Immigration Reform Act also provides that pending
such verification the Secretary may not delay, deny, reduce or
terminate the eligibility of an individual for financial assistance on
the basis of the immigration status of that individual. Although at
first glance these two provisions appear to conflict, HUD believes they
are complementary.
HUD believes that the first provision places responsibility on the
family to produce documentation of eligible immigration status.
Accordingly, this interim rule provides that no family shall be
provided assistance until the required documentation has been
submitted. The second provision places responsibility on the INS and
any other entity which must take certain action once the family has
submitted the necessary documentation. Once the family has produced the
necessary documents, it should not be penalized for delays on the part
of those entities which must verify eligible immigration status.
2. The interim rule requires that continued financial assistance
provided to an eligible mixed family after November 29, 1996 be
prorated based on the percentage of family members that are eligible
for assistance. An eligible mixed family is a family containing members
with eligible immigration status, as well as members without such
status, and that meets the criteria for eligibility for continued
assistance as set forth in Section 214.
3. The interim rule requires that HUD suspend financial assistance
to a family upon determining that the family has knowingly permitted an
ineligible individual to reside on a permanent basis in the family's
unit. The suspension shall be for a period of at least 24 months. This
provision does not apply if the ineligible individual has already been
considered in calculating any proration of assistance for the family.
4. This interim rule allows responsible entities administering
financial assistance under a Section 214 covered program to require
that individuals who declare themselves to be U.S. citizens or
nationals to verify the declaration through appropriate documentation
(e.g., United States passport, resident alien card, registration card,
social security card, or other appropriate documentation). Before this
amendment, only individuals who are not U.S. citizens or nationals are
required to present documentation of their eligible immigration status.
5. The interim rule revises the maximum period for deferral of
termination of assistance provided after November 29, 1996 from an
aggregate of 3 years to an aggregate of 18 months. The 18-month maximum
deferral period does not apply to refugees under section 207 of the
Immigration and Nationality Act or to individuals seeking asylum
[[Page 60537]]
under section 208 of that Act. The maximum deferral period for
deferrals granted prior to November 29, 1996 continues to be 3 years.
6. The interim rule provides that an individual has a maximum
period of 30-days, starting from the date of receipt of the notice of
denial or termination of assistance, to request a fair hearing. HUD
believes that due process requires that assistance already being
provided to a tenant may not be delayed, denied, reduced or terminated
until completion of the fair hearing.
7. This interim rule, in accordance with Section 214 as amended,
provides that a PHA may elect not to comply with the requirements of 24
CFR part 5, subpart E. In complying with 24 CFR part 5, subpart E, a
PHA may initiate procedures to affirmatively establish or verify the
eligibility of an individual or family at any time in which the PHA
determines that such eligibility is in question, regardless of whether
or not that individual or family is at or near the top of the waiting
list of the PHA. The PHA may also affirmatively establish or verify the
eligibility of a family member in accordance with the procedures set
forth in section 274A(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1324A(b)(1)), and shall have access to any relevant information
contained in the INS SAVE system (or any successor thereto) that
relates to any family member applying for financial assistance.
The change described in paragraph #7 is based on the language of
new subsection 214(h)(2), which was added by Section 575 of the
Immigration Reform Act. Subsection 214(h)(2) provides that ``[a] Public
Housing Agency * * * may elect not to comply with this section.'' The
use of the word ``section'' (as opposed to ``subsection'') in this
provision, in a strict statutory construction, refers to Section 214 in
its entirety.
The Immigration Reform Act restricts the provision of assistance to
a family until at least the eligibility of one family member has been
verified. This interim rule, however, provides that HUD shall not be
responsible for verifying compliance with the requirements of Section
214 if a PHA elects to ``opt-out'' of 24 CFR part 5, subpart E. HUD
would only be able to verify the eligible immigration status of family
members applying for assistance with the aid of the PHAs. Since PHA
assistance would be required, the imposition of such verification
responsibility upon HUD would in effect negate the right of a PHA to
``opt-out'' of Section 214.
C. Changes Made to Section 214 by the Welfare Reform Act
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Pub.L. 104-193; 110 Stat. 2105; approved August 22, 1996)
(Welfare Reform Act) expanded the scope of Section 214. Specifically,
Section 441 of the Welfare Act makes assistance provided under the
National Homeownership Trust (42 U.S.C. 12851-12859) subject to the
noncitizen requirements of Section 214. Pursuant to 42 U.S.C. 12859,
the National Homeownership Trust was terminated on September 30, 1994.
Accordingly, this interim rule does not revise 24 CFR part 5, subpart E
to incorporate the amendment made by the Welfare Reform Act.
Section 441 of the Welfare Reform Act also made the restrictions of
Section 214 applicable to the following programs administered by the
Secretary of Agriculture: direct loan program under section 502 of the
Housing Act of 1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or 542
of the Housing Act of 1949, subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act. Since these programs are
administered by the Secretary of Agriculture, HUD is not amending its
regulations to reflect the expanded scope of the Section 214
restrictions.
In addition to the changes discussed above, the Welfare Reform Act
made other amendments concerning immigration. This interim rule does
not implement these provisions of the Welfare Reform Act. This interim
rule only amends 24 CFR part 5, subpart E to incorporate the changes
made by the Immigration Reform Act. HUD and other responsible agencies
are developing regulations to implement the changes made by the Welfare
Reform Act. Responsible entities should not implement the Welfare
Reform Act provisions until the issuance of these implementing
regulations.
D. Nondiscrimination in the Implementation of Section 214
HUD reiterates the statement made in the March 20, 1995 final rule
that all regulatory procedures in implementation of Section 214 must be
administered in the uniform manner prescribed without regard to race,
national origin, or personal characteristics (e.g., accent, language
spoken, or familial association with a noncitizen).
II. Justification for Interim Rulemaking
It is HUD's policy to publish rules for public comment before their
issuance for effect, in accordance with its own regulations on
rulemaking found at 24 CFR part 10. Part 10 provides that prior public
procedure may be omitted if ``a statute expressly so authorizes'' (24
CFR 10.1). Section 577 of the Immigration Reform Act requires that the
Secretary of HUD, within 60 days of the Act's enactment, issue an
interim rule implementing the amendments made to Section 214. Further,
section 577 provides that the interim rule ``shall take effect upon
issuance.'' This interim rule implements the rulemaking requirement
contained in Section 577 of the Immigration Reform Act. Although HUD is
statutorily mandated to issue this interim rule for immediate effect,
it welcomes public comment. All comments will be considered in the
development of the final rule.
On October 30, 1996, the Department held a meeting at HUD
Headquarters on the subject of the Immigration Reform Act. HUD invited
to this meeting representatives of civil rights groups, public housing
agencies, private housing providers, and legal services groups to
present their views on the effect of the amendments to Section 214 made
by the Immigration Reform Act. The comments and concerns about the
Immigration Reform Act were taken into account during the development
of this interim rule. Organizations that participated in this meeting
included, among others, the Public Housing Authorities Directors
Association; the National Housing Law Project; the National Puerto
Rican Coalition; the National Association of Housing and Redevelopment
Authorities; the National Council of La Raza; and the Council of Large
Public Housing Authorities.
III. Findings and Certifications
Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this interim
rule under Executive Order 12866, Regulatory Planning and Review. OMB
determined that this interim rule is a ``significant regulatory
action,'' as defined in section 3(f) of the Order (although not
economically significant, as provided in section 3(f)(1) of the Order).
Any changes made to the interim rule subsequent to its submission to
OMB are identified in the docket file, which is available for public
inspection in the office of the Department's Rules Docket Clerk, Room
10276, 451 Seventh Street, SW, Washington, DC 20410-0500.
Unfunded Mandates Reform Act
The Secretary has reviewed this interim rule before publication and
by approving it certifies, in accordance
[[Page 60538]]
with the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532), that
this interim rule does not impose a Federal mandate that will result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this interim rule, and in so
doing certifies that this interim rule will not have a significant
economic impact on a substantial number of small entities. As explained
in the preamble to the March 20, 1995 final rule, the implementation of
HUD's noncitizen requirements have only a minimal impact on small
housing project owners, small mortgagees, and small housing agencies.
The amendments made by this interim rule do not alter that
determination. This interim rule does not require the creation of new
procedures or impose significant additional costs on responsible
entities. Rather, the requirements of the interim rule can be satisfied
through the use of existing procedures. For example, the interim rule
prohibits responsible entities from making assistance available to a
noncitizen until the necessary documentation establishing eligible
immigration status is verified. This requirement can be fulfilled by
utilizing the existing verification procedures. Likewise, current
methods may be used to prorate the assistance provided to an eligible
mixed family receiving continued assistance.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332). The Finding of No Significant Impact is
available for public inspection during business hours in the Office of
the Rules Docket Clerk, Room 10276, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-0500.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this interim rule have no federalism implications, and
that the policies are not subject to review under the Order. This
interim rule addresses immigration, a topic exclusively the province of
the Federal government, and the effect is the direct result of the
status that imposes the restriction against assistance to noncitizens,
rather than a result of HUD's exercise of discretion in promulgating a
rule to implement the statute.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this interim rule does not
have the potential for significant impact on family formation,
maintenance, and general well-being, and, thus, is not subject to
review under the Order. The only families upon whom Section 214 and
HUD's implementing regulations have an impact are those containing
individuals with ineligible immigration status. Even for these
families, however, Section 214 and HUD's regulations strive to maintain
the unity of the family under the provisions concerning preservation
assistance to mixed families which provide for continued assistance for
certain categories of mixed families, and deferral of termination of
assistance and prorated assistance for other mixed families.
List of Subjects in 24 CFR Part 5
Administrative practice and procedure, Aged, Claims, Drug abuse,
Drug traffic control, Grant programs--housing and community
development, Grant programs--Indians, Grant programs--low and moderate
income housing, Indians, Individuals with disabilities,
Intergovernmental relations, Loan programs--housing and community
development, Low and moderate income housing, Mortgage insurance,
Penalties, Pets, Public housing, Rent subsidies, Reporting and
recordkeeping requirements, Social security, Unemployment compensation,
Wages.
Accordingly, 24 CFR part 5 is amended as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation for 24 CFR part 5 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), unless otherwise noted.
Subpart E--Restrictions on Assistance to Noncitizens
2. The authority citation for subpart E continues to read as
follows:
Authority: 42 U.S.C. 1436a and 3535(d).
3. A new Sec. 5.501 is added to read as follows:
Sec. 5.501 PHA election whether to comply with this subpart.
(a) PHA opt-out. A PHA that is a responsible entity under this
subpart may elect not to comply with (``opt-out'' of) the requirements
of this subpart.
(b) PHA compliance. If the PHA elects to comply with this subpart,
the PHA:
(1) May initiate procedures to affirmatively establish or verify
the eligibility of a family under this section at any time at which the
PHA determines that such eligibility is in question, without regard to
position of the family member's family on the waiting list of the PHA;
(2) May affirmatively establish or verify the eligibility of a
family member in accordance with the procedures set forth in section
274A(b)(1) of the Immigration and Nationality Act; and
(3) Shall have access to any relevant information contained in the
INS SAVE system (or any successor thereto) that relates to any family
member applying for financial assistance.
(c) HUD not responsible due to PHA opt-out. HUD shall not bear any
responsibility in connection with compliance with the requirements of
Section 214 if a PHA elects not to comply with this subpart under
paragraph (a) of this section.
4. Section 5.508 is amended by revising paragraphs (b)(1), (b)(2),
(h)(2) and (h)(3) introductory text to read as follows:
Sec. 5.508 Submission of evidence of citizenship or eligible
immigration status.
* * * * *
(b) * * *
(1) For citizens, the evidence consists of a signed declaration of
U.S. citizenship. The responsible entity may request verification of
the declaration by requiring presentation of a United States passport,
resident alien card, registration card, social security card, or other
appropriate documentation.
(2) For noncitizens who are 62 years of age or older or who will be
62 years of age or older and receiving assistance under a Section 214
covered program on September 30, 1996 or applying for assistance on or
after that date, the evidence consists of:
(i) A signed declaration of eligible immigration status; and
(ii) Proof of age document.
* * * * *
(h) * * *
(2) Thirty-day extension period. Any extension of time, if granted,
shall not exceed thirty (30) days. The additional time provided should
be sufficient to
[[Page 60539]]
allow the individual the time to obtain the evidence needed. The
responsible entity's determination of the length of the extension
needed shall be based on the circumstances of the individual case.
(3) Grant or denial of extension to be in writing. The responsible
entity's decision to grant or deny an extension as provided in
paragraph (h)(1) of this section shall be issued to the family by
written notice. If the extension is granted, the notice shall specify
the extension period granted (which shall not exceed thirty (30) days).
If the extension is denied, the notice shall explain the reasons for
denial of the extension.
* * * * *
5. Section 5.510 is amended by revising paragraph (b) to read as
follows:
Sec. 5.510 Documents of eligible immigration status.
* * * * *
(b) Acceptable evidence of eligible immigration status. Acceptable
evidence of eligible immigration status shall be the original of a
document designated by INS as acceptable evidence of immigration status
in one of the six categories mentioned in Sec. 5.506(a) for the
specific immigration status claimed by the individual.
6. Section 5.512 is amended by revising paragraph (a) to read as
follows:
Sec. 5.512 Verification of eligible immigration status.
(a) General. Except as described in Secs. 5.501 and 5.514, no
individual or family applying for assistance may receive such
assistance prior to the verification of the eligibility of at least the
individual or one family member. Verification of eligibility consistent
with Sec. 5.514 occurs when the individual or family members have
submitted documentation to the responsible entity in accordance with
Sec. 5.508.
* * * * *
7. Section 5.514 is amended by:
a. Revising paragraph (b);
b. Revising paragraph (c)(1);
c. Revising paragraph (e)(1);
d. Removing paragraph (f)(2);
e. Redesignating paragraphs (f)(3) and (f)(4) as paragraphs (f)(2)
and (f)(3) respectively; and
f. Revising paragraph (f)(1), to read as follows:
Sec. 5.514 Delay, denial, reduction or termination of assistance.
* * * * *
(b) Restrictions on delay, denial, reduction or termination of
assistance. (1) Restrictions on reduction, denial or termination of
assistance for applicants and tenants. Assistance to an applicant or
tenant shall not be delayed, denied, reduced, or terminated, on the
basis of ineligible immigration status of a family member if:
(i) The primary and secondary verification of any immigration
documents that were timely submitted has not been completed;
(ii) The family member for whom required evidence has not been
submitted has moved from the assisted dwelling unit;
(iii) The family member who is determined not to be in an eligible
immigration status following INS verification has moved from the
assisted dwelling unit;
(iv) The INS appeals process under Sec. 5.514(e) has not been
concluded;
(v) Assistance is prorated in accordance with Sec. 5.520; or
(vi) Assistance for a mixed family is continued in accordance with
Secs. 5.516 and 5.518; or
(vii) Deferral of termination of assistance is granted in
accordance with Secs. 5.516 and 5.518.
(2) Restrictions on delay, denial, reduction or termination of
assistance pending fair hearing for tenants. In addition to the factors
listed in paragraph (b)(1) of this section, assistance to a tenant
cannot be delayed, denied, reduced or terminated until the completion
of the informal hearing described in paragraph (f) of this section.
(c) Events causing denial or termination of assistance. (1)
General. Assistance to an applicant shall be denied, and a tenant's
assistance shall be terminated, in accordance with the procedures of
this section, upon the occurrence of any of the following events:
(i) Evidence of citizenship (i.e., the declaration) and eligible
immigration status is not submitted by the date specified in
Sec. 5.508(g) or by the expiration of any extension granted in
accordance with Sec. 5.508(h);
(ii) Evidence of citizenship and eligible immigration status is
timely submitted, but INS primary and secondary verification does not
verify eligible immigration status of a family member; and
(A) The family does not pursue INS appeal or informal hearing
rights as provided in this section; or
(B) INS appeal and informal hearing rights are pursued, but the
final appeal or hearing decisions are decided against the family
member; or
(iii) The responsible entity determines that a family member has
knowingly permitted another individual who is not eligible for
assistance to reside (on a permanent basis) in the public or assisted
housing unit of the family member. Such termination shall be for a
period of not less than 24 months. This provision does not apply to a
family if the ineligibility of the ineligible individual was considered
in calculating any proration of assistance provided for the family.
* * * * *
(e) Appeal to the INS. (1) Submission of request for appeal. Upon
receipt of notification by the responsible entity that INS secondary
verification failed to confirm eligible immigration status, the
responsible entity shall notify the family of the results of the INS
verification, and the family shall have 30 days from the date of the
responsible entity's notification, to request an appeal of the INS
results. The request for appeal shall be made by the family
communicating that request in writing directly to the INS. The family
must provide the responsible entity with a copy of the written request
for appeal and proof of mailing.
* * * * *
(f) Informal hearing. (1) When request for hearing is to be made.
After notification of the INS decision on appeal, or in lieu of request
of appeal to the INS, the family may request that the responsible
entity provide a hearing. This request must be made either within 30
days of receipt of the notice described in paragraph (d) of this
section, or within 30 days of receipt of the INS appeal decision issued
in accordance with paragraph (e) of this section.
* * * * *
8. Section 5.516 is amended by revising the introductory text of
paragraph (c) to read as follows:
Sec. 5.516 Availability of preservation assistance to mixed families
and other families.
* * * * *
(c) Assistance available to other families in occupancy. Temporary
deferral of termination of assistance may be available to families
receiving assistance under a Section 214 covered program on June 19,
1995, and who have no members with eligible immigration status, as set
forth in paragraphs (c) (1) and (2) of this section.
* * * * *
9. Section 5.518 is amended by revising paragraphs (a), (b)(3) and
(b)(5) to read as follows:
Sec. 5.518 Types of preservation assistance available to mixed
families and other families.
(a) Continued assistance. (1) General. A mixed family may receive
continued
[[Page 60540]]
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):
(i) The family was receiving assistance under a Section 214 covered
program on June 19, 1995;
(ii) The family's head of household or spouse has eligible
immigration status as described in Sec. 5.506; and
(iii) 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 Sec. 5.520.
(b) * * *
(3) Time limit on deferral period. If temporary deferral of
termination of assistance is granted, the deferral period shall be for
an initial period not to exceed six months. The initial period may be
renewed for additional periods of six months, but the aggregate
deferral period for deferrals provided after November 29, 1996 shall
not exceed a period of eighteen months. The aggregate deferral period
for deferrals granted prior to November 29, 1996 shall not exceed 3
years. These time periods do not apply to a family which includes a
refugee under section 207 of the Immigration and Nationality Act or an
individual seeking asylum under section 208 of that Act.
* * * * *
(5) Determination of availability of affordable housing at end of
each deferral period. (i) Before the end of each deferral period, the
responsible entity must satisfy the applicable requirements of either
paragraph (b)(5)(i) (A) or (B) of this section. Specifically, the
responsible entity must:
(A) For Housing covered programs: Make a determination that one of
the two conditions specified in paragraph (b)(2) of this section
continues to be met (note: affordable housing will be determined to be
available if the vacancy rate is five percent or greater), the owner's
knowledge and the tenant's evidence indicate that other affordable
housing is available; or
(B) For Section 8 or Public Housing covered programs: Make a
determination of the availability of affordable housing of appropriate
size based on evidence of conditions which when taken together will
demonstrate an inadequate supply of affordable housing for the area in
which the project is located, the consolidated plan (if applicable, as
described in 24 CFR part 91), the responsible entity's own knowledge of
the availability of affordable housing, and on evidence of the tenant
family's efforts to locate such housing.
(ii) The responsible entity must also:
(A) Notify the tenant family in writing, at least 60 days in
advance of the expiration of the deferral period, that termination will
be deferred again (provided that the granting of another deferral will
not result in aggregate deferral periods that exceeds the maximum
deferral period). This time period does not apply to a family which
includes a refugee under section 207 of the Immigration and Nationality
Act or an individual seeking asylum under section 208 of that Act, and
a determination was made that other affordable housing is not
available; or
(B) Notify the tenant family in writing, at least 60 days in
advance of the expiration of the deferral period, that termination of
financial assistance will not be deferred because either granting
another deferral will result in aggregate deferral periods that exceed
the maximum deferral period (unless the family includes a refugee under
section 207 of the Immigration and Nationality Act or an individual
seeking asylum under section 208 of that Act), or a determination has
been made that other affordable housing is available.
* * * * *
10. Section 5.526 is revised to read as follows:
Sec. 5.526 Protection from liability for responsible entities and
State and local government agencies and officials.
(a) Protection from liability for responsible entities. Responsible
entities are protected from liability as set forth in Section 214(e)
(42 U.S.C 1436a(e)).
(b) Protection from liability for State and local government
agencies and officials. State and local government agencies and
officials shall not be liable for the design or implementation of the
verification system described in Sec. 5.512, as long as the
implementation by the State and local government agency or official is
in accordance with prescribed HUD rules and requirements.
Date: November 22, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-30498 Filed 11-27-96; 8:45 am]
BILLING CODE 4210-32-P
