[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13614-13627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7188]
[[Page 13613]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 5, et al.
Consolidation and Streamlining of the Restrictions on Assistance to
Noncitizens; Final Rule
Federal Register / Vol. 61, No. 60 / Wednesday, March 27, 1996 /
Rules and Regulations
[[Page 13614]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 5, 200, 236, 247, 812, 882, 887, 904, 912, 960, and
982
[Docket No. FR-3988-F-01]
RIN 2501-AC12
Consolidation and Streamlining of the Restrictions on Assistance
to Noncitizens
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 20, 1995, HUD issued its final rule implementing
Section 214 of the Housing and Community Development Act of 1980, as
amended. Section 214 prohibits HUD from making financial assistance
available to persons other than United States citizens, nationals, or
certain categories of eligible noncitizens in HUD's Public Housing and
Indian Housing programs (including homeownership); the Section 8
housing assistance payments programs; the Housing Development Grants
program; the Section 236 interest reduction and rental assistance
programs; the Rent Supplement program; and the Section 235
homeownership program. HUD's March 20, 1995 final rule, which became
effective on June 19, 1995, promulgated virtually identical
``noncitizen'' regulations for the HUD programs covered by Section 214.
This final rule eliminates the redundancy of these duplicative
regulations by consolidating noncitizens requirements and relocating
them to a single location in 24 CFR part 5. This rule does not
consolidate or revise the noncitizens requirements for HUD's Indian
Housing programs.
EFFECTIVE DATE: April 26, 1996.
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, Department
of Housing and Urban Development, 451 Seventh Street, SW., Washington,
DC 20410-5000, telephone (202) 708-0744;
(2) For Indian Housing programs--Deborah Lalancette, Office of
Native American Programs, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-5000, telephone (202)
755-0088;
(3) For the Section 8 Moderate Rehabilitation SRO program--Dave
Pollack, Office of Special Needs Assistance Programs, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC
20410-7000, telephone (202) 708-4300;
(4) For the other Section 8 programs, the Section 236 programs,
Housing Development Grants and Rent Supplement--Barbara Hunter, Office
of Multifamily Management, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3944; and
(5) For the Section 235 homeownership program--William Heyman,
Office of Lender Activities and Land Sales Registration, Office of
Single Family Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-8000, telephone (202) 708-
1824.
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. The March 20, 1995 Final Rule
On March 20, 1995 (60 FR 14816), HUD issued its final rule
implementing Section 214 of the Housing and Community Development Act
of 1980, as amended (42 U.S.C. 1436a). Section 214 prohibits HUD from
making financial assistance available to persons other than United
States citizens, nationals, or certain categories of eligible
noncitizens in HUD's: (1) Public Housing and Indian Housing programs
(including homeownership); (2) the Section 8 housing assistance
payments programs; (3) the Housing Development Grants program; (4) the
Section 236 interest reduction and rental assistance programs; (5) the
Rent Supplement program; and (6) the Section 235 homeownership program.
B. Regulatory Reform
President Clinton's Regulatory Reform Initiative calls for
immediate, comprehensive regulatory reform. The President has directed
all Federal departments and agencies to undertake an exhaustive review
of their regulations. This initiative, which is part of the National
Performance Review, calls for the elimination of redundant,
unnecessary, or obsolete regulatory requirements, and the modification
of others to increase flexibility and reduce burden.
On February 9, 1996 (61 FR 5198), HUD, as part of its continuing
regulatory reform efforts, published a final rule creating a new 24 CFR
part 5. HUD established part 5 to set forth those requirements which
are applicable to one or more program regulations. Consolidation in
part 5 of requirements applicable to one or more programs will
eliminate redundancy in title 24 and assist in HUD's overall efforts to
streamline the content of its regulations.
HUD's March 20, 1995 final rule implementing Section 214, which
became effective on June 19, 1995, promulgated virtually identical
noncitizen regulations for the HUD programs covered by Section 214.
Subpart G of part 200, subpart B of part 812, and subpart B of part
912, contain, with minor exceptions, the same noncitizen requirements.
This final rule eliminates the repetitiveness of these duplicative
regulations by consolidating the noncitizens requirements and
relocating them to a single location in 24 CFR part 5. This rule does
not consolidate the noncitizens requirements for HUD's Indian Housing
programs. These provisions will continue to be located in 24 CFR part
950, which sets forth the consolidated regulatory requirements for the
Indian Housing programs.
Although HUD is consolidating its noncitizen requirements, it is
not revising the requirements nor is it modifying any differences in
the requirements among the program regulations. This final rule
eliminates redundancy in the existing noncitizen requirements wherever
possible, but it retains those provisions which are specific to certain
of the Section 214 covered programs.
C. Technical Corrections/Clarifying Changes
Additionally, although HUD is not making substantive changes, it is
making certain clarifying changes. These changes are as follows. First,
this streamlining rule clarifies that a noncitizen student alien's
family may be eligible for assistance if the family meets the
conditions for prorated assistance for mixed families. Second, this
rule removes from the text of the regulation those INS documents that
are required to show proof of immigration status. Because INS may
change these documents from time to time, notification of the documents
that are required to show proof of immigration status is best
accomplished through notice in the Federal Register. The INS uses the
Federal Register frequently to list appropriate documents for various
immigration categories. Third, the rule also provides increased
flexibility on when verification of immigration status
[[Page 13615]]
is to occur for public housing projects. Fourth, the rule clarifies
that for tenants receiving assistance under the Section 8 Moderate
Rehabilitation assistance, Section 8 tenant-based assistance, and the
Section 8 project-based certificate assistance programs, that the
applicable hearing procedures are found in parts 882, 982, and 983,
respectively. Section 812.9(f)(3) of the March 20, 1995 rule
incorrectly referred to the procedures in part 966, which are the
public housing hearing procedures. This rule does not revise the
noncitizens requirements for HUD's Indian Housing programs in 24 CFR
part 950.
Additionally, this rule makes one technical change unrelated to the
noncitizens requirements. On February 13, 1996, HUD published a final
rule which consolidated HUD's general requirements for assistance under
the United States Housing Act of 1937 in a new subpart D of part 5.
This final rule amends paragraph (c)(2) of Sec. 5.405 to add the phrase
``as determined by the HA subsidy standard.'' The addition of this
phrase will clarify how the limitations on housing assistance for
single persons is applied under the tenant-based assistance programs.
With regard to more substantive changes to HUD's noncitizens
regulations, HUD is aware that some housing providers desire certain
changes be made to the noncitizen requirements set forth in the March
20, 1995 rule. In some cases, the types of changes requested cannot be
made because the changes would affect statutory requirements not
regulatory ones. Other changes which could possibly be made are not
those that can be addressed by this streamlining final rule, but
rather, would need to be addressed through rulemaking that provides for
advance notice and public comment. Because the March 20, 1995 final
rule became effective June 19, 1995, implementation of Section 214
remains fairly recent. HUD is monitoring implementation of Section 214
and will consider making changes to the regulations (to the extent that
HUD can give the statutory requirements) after opportunity to review
the results of the procedures provided in the March 20, 1995 rule.
D. New Immigration Legislation and Changes to Noncitizen Requirements
HUD is also aware of several immigration bills that have been
proposed by House and Senate committees that would possibly amend
Section 214. As of the date of publication of this rule, no changes
have been made to Section 214. If and when changes are made to Section
214 that may require changes to the regulations issued on March 20,
1995, HUD will undertake whatever regulatory action may be required in
accordance with any new immigration legislation or by the
Administrative Procedures Act.
E. Nondiscrimination in the Implementation of Section 214
HUD reiterates the statement made in the March 20, 1995 final rule
that all regulatory procedures involved 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 Final 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. However, part 10 provides that
prior public procedure will be omitted if HUD determines that it is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1). HUD finds that in this case prior comment is unnecessary
since this final rule does not affect or establish policy. This rule
merely consolidates HUD's noncitizen requirements in 24 CFR part 5.
Where consolidation is not possible, this rule retains those provisions
which are applicable to several, but not all, Section 214 covered
programs. This final rule does not add or remove program requirements,
but merely relocates them to a single part of HUD's regulations.
III. Other Matters
Environmental Review. This rulemaking does not have an
environmental impact. This rulemaking simply amends existing
regulations by consolidating and streamlining provisions and does not
alter the environmental effect of the regulations being amended. A
Finding of No Significant Impact with respect to the environment was
made in accordance with HUD regulations in 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) at the time of development of regulations
implementing Section 214 of the Housing and Community Development Act
of 1980. That Finding remains applicable to this rule, and is available
for public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk, Room 10276, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410.
Regulatory Flexibility Act. The Secretary, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this final
rule before publication, and by approving it, certifies that this rule
does not have a significant economic impact on a substantial number of
small entities. This rule is limited to consolidating and streamlining
existing regulations.
Executive Order on 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 final
rule will not have substantial direct effects on States or their
political subdivisions, or the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Specifically,
this final rule merely consolidates HUD's noncitizen requirements which
are currently repeated throughout title 24 of the Code of Federal
Regulations.
Executive Order on The Family. The General Counsel, as the
Designated Official under Executive Order 12606, The Family, has
determined that this rule does not have potential significant impact on
family formation, maintenance, and general well-being. This final rule
merely consolidates HUD's noncitizen requirements which are currently
repeated throughout title 24 of the Code of Federal Regulations.
List of Subjects
24 CFR Part 5
Administrative practice and procedure, Aged, Grant programs--
housing and community development, Individuals with disabilities, Loan
programs--housing and community development, Low and moderate income
housing, Mortgage insurance, Pets, Public housing, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Home improvement, Housing standards,
Incorporation by reference, Lead poisoning, Loan programs--housing and
community development, Minimum property standards, Mortgage insurance,
Organization and functions (Government agencies), Penalties, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
[[Page 13616]]
24 CFR Part 236
Grant programs--housing and community development, Low and moderate
income housing, Mortgage insurance, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 247
Grant programs--housing and community development, Loan programs--
housing and community development, Low and moderate income housing,
Rent subsidies.
24 CFR Part 812
Low and moderate income housing, Reporting and recordkeeping
requirements.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 887
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 904
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.
24 CFR Part 912
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 960
Aged, Grant programs--housing and community development,
Individuals with disabilities, Public housing.
24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
Accordingly, under the authority of 42 U.S.C. 3535(d), parts 5,
200, 236, 247, 812, 882, 887, 904, 912, 960, and 982 of title 24 of the
Code of Federal Regulations, are amended as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation for part 5 is revised to read as follows:
Authority: 12 U.S.C. 101r-1; 42 U.S.C. 1436a, 3535(d), 3543, and
3544.
2. Section 5.405 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 5.405 Basic eligibility; preference over single persons; and
housing assistance limitation for single persons.
* * * * *
(c) * * *
(2) For tenant-based assistance, housing assistance for which the
family unit size as determined by the HA subsidy standard exceeds the
one bedroom level.
* * * * *
3. A new subpart E is added to read as follows:
Subpart E--Restrictions on Assistance to Noncitizens
Sec.
5.500 Applicability.
5.502 Requirements concerning documents.
5.504 Definitions.
5.506 General provisions.
5.508 Submission of evidence of citizenship or eligible immigration
status.
5.510 Documents of eligible immigration status.
5.512 Verification of eligible immigration status.
5.514 Delay, denial, reduction or termination of assistance.
5.516 Availability of preservation assistance to mixed families and
other families.
5.518 Types of preservation assistance to mixed families and other
families.
5.520 Proration of assistance.
5.522 Prohibition of assistance to noncitizen students.
5.524 Compliance with nondiscrimination requirements.
5.526 Protection from liability for responsible entities and State,
and local government agencies and officials.
5.528 Liability of ineligible tenants for reimbursement of
benefits.
Subpart E--Restrictions on Assistance to Noncitizens
Sec. 5.500 Applicability.
(a) Covered programs/assistance. This subpart E implements Section
214 of the Housing and Community Development Act of 1980, as amended
(42 U.S.C. 1436a). Section 214 prohibits HUD from making financial
assistance available to persons who are not in eligible status with
respect to citizenship or noncitizen immigration status. This subpart E
is applicable to financial assistance provided under:
(1) Section 235 of the National Housing Act (12 U.S.C. 1715z) (the
Section 235 Program);
(2) Section 236 of the National Housing Act (12 U.S.C. 1715z-1)
(tenants paying below market rent only) (the Section 236 Program);
(3) Section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) (the Rent Supplement Program); and
(4) The United States Housing Act of 1937 (42 U.S. C. 1437 et seq.)
which covers:
(i) HUD's Public Housing Programs;
(ii) The Section 8 Housing Assistance Programs; and
(iii) The Housing Development Grant Programs (with respect to low
income units only).
(b) Covered individuals and entities. (1) Covered individuals/
persons and families. The provisions of this subpart E apply to both
applicants for assistance and persons already receiving assistance
covered under this subpart E.
(2) Covered entities. The provisions of this subpart E apply to
Public Housing Agencies (PHAs), project (or housing) owners, and
mortgagees under the Section 235 Program. The term ``responsible
entity'' is used in this subpart E to refer collectively to these
entities, and is further defined in Sec. 5.504.
Sec. 5.502 Requirements concerning documents.
For any notice or document (decision, declaration, consent form,
etc.) that this subpart E requires the responsible entity to provide to
an individual, or requires the responsible entity to obtain the
signature of an individual, the responsible entity, where feasible,
must arrange for the notice or document to be provided to the
individual in a language that is understood by the individual if the
individual is not proficient in English. (See 24 CFR 8.6 of HUD's
regulations for requirements concerning communications with persons
with disabilities.)
Sec. 5.504 Definitions.
(a) The definitions ``1937 Act'', ``HUD'', ``Public Housing Agency
(PHA)'', and ``Section 8'' are defined in subpart A of this part.
(b) As used in this subpart E:
Child means a member of the family other than the family head or
spouse who is under 18 years of age.
Citizen means a citizen or national of the United States.
Evidence of citizenship or eligible status means the documents
which must be submitted to evidence citizenship or eligible immigration
status. (See Sec. 5.508(b).)
Family has the same meaning as provided in the program regulations
of the relevant Section 214 covered program.
Head of household means the adult member of the family who is the
head of the household for purposes of determining income eligibility
and rent.
Housing covered programs means the following programs administered
by the Assistant Secretary for Housing:
[[Page 13617]]
(1) Section 235 of the National Housing Act (12 U.S.C. 1715z) (the
Section 235 Program);
(2) Section 236 of the National Housing Act (12 U.S.C. 1715z-1)
(tenants paying below market rent only) (the Section 236 Program); and
(3) Section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) (the Rent Supplement Program).
INS means the U.S. Immigration and Naturalization Service.
Mixed family means a family whose members include those with
citizenship or eligible immigration status, and those without
citizenship or eligible immigration status.
National means a person who owes permanent allegiance to the United
States, for example, as a result of birth in a United States territory
or possession.
Noncitizen means a person who is neither a citizen nor national of
the United States.
Project owner means the person or entity that owns the housing
project containing the assisted dwelling unit.
Public Housing covered programs means the public housing programs
administered by the Assistant Secretary for Public and Indian Housing
under title I of the 1937 Act. This definition does not encompass HUD's
Indian Housing programs administered under title II of the 1937 Act.
Further, this term does not include those programs providing assistance
under section 8 of the 1937 Act. (See definition of ``Section 8 Covered
Programs'' in this section.)
Responsible entity means the person or entity responsible for
administering the restrictions on providing assistance to noncitizens
with ineligible immigrations status. The entity responsible for
administering the restrictions on providing assistance to noncitizens
with ineligible immigration status under the various covered programs
is as follows:
(1) For the Section 235 Program, the mortgagee.
(2) For Public Housing, the Section 8 Rental Certificate, the
Section 8 Rental Voucher, and the Section 8 Moderate Rehabilitation
programs, the PHA administering the program under an ACC with HUD.
(3) For all other Section 8 programs, the Section 236 Program, and
the Rent Supplement Program, the owner.
Section 8 covered programs means all HUD programs which assist
housing under Section 8 of the 1937 Act, including Section 8-assisted
housing for which loans are made under section 202 of the Housing Act
of 1959.
Section 214 means section 214 of the Housing and Community
Development Act of 1980, as amended (42 U.S.C. 1436a).
Section 214 covered programs is the collective term for the HUD
programs to which the restrictions imposed by Section 214 apply. These
programs are set forth in Sec. 5.500.
Tenant means an individual or a family renting or occupying an
assisted dwelling unit. For purposes of this subpart E, the term tenant
will also be used to include a homebuyer, where appropriate.
Sec. 5.506 General provisions.
(a) Restrictions on assistance. Financial assistance under a
Section 214 covered program is restricted to:
(1) Citizens; or
(2) Noncitizens who have eligible immigration status under one of
the categories set forth in Section 214 (see 42 U.S.C. 1436a(a)).
(b) Family eligibility for assistance. (1) A family shall not be
eligible for assistance unless every member of the family residing in
the unit is determined to have eligible status, as described in
paragraph (a) of this section, or unless the family meets the
conditions set forth in paragraph (b)(2) of this section.
(2) Despite the ineligibility of one or more family members, a
mixed family may be eligible for one of the three types of assistance
provided in Secs. 5.516 and 5.518. A family without any eligible
members and receiving assistance on June 19, 1995 may be eligible for
temporary deferral of termination of assistance as provided in
Secs. 5.516 and 5.518.
Sec. 5.508 Submission of evidence of citizenship or eligible
immigration status.
(a) General. Eligibility for assistance or continued assistance
under a Section 214 covered program is contingent upon a family's
submission to the responsible entity of the documents described in
paragraph (b) of this section for each family member. If one or more
family members do not have citizenship or eligible immigration status,
the family members may exercise the election not to contend to have
eligible immigration status as provided in paragraph (e) of this
section, and the provisions of Secs. 5.516 and 5.518 shall apply.
(b) Evidence of citizenship or eligible immigration status. Each
family member, regardless of age, must submit the following evidence to
the responsible entity.
(1) For citizens, the evidence consists of a signed declaration of
U.S. citizenship;
(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 June 19, 1995, the evidence consists of:
(i) A signed declaration of eligible immigration status; and
(ii) Proof of age document.
(3) For all other noncitizens, the evidence consists of:
(i) A signed declaration of eligible immigration status;
(ii) One of the INS documents referred to in Sec. 5.510; and
(iii) A signed verification consent form.
(c) Declaration. (1) For each family member who contends that he or
she is a U.S. citizen or a noncitizen with eligible immigration status,
the family must submit to the responsible entity a written declaration,
signed under penalty of perjury, by which the family member declares
whether he or she is a U.S. citizen or a noncitizen with eligible
immigration status.
(i) For each adult, the declaration must be signed by the adult.
(ii) For each child, the declaration must be signed by an adult
residing in the assisted dwelling unit who is responsible for the
child.
(2) For Housing covered programs: The written declaration may be
incorporated as part of the application for housing assistance or may
constitute a separate document.
(d) Verification consent form. (1) Who signs. Each noncitizen who
declares eligible immigration status (except certain noncitizens who
are 62 years of age or older as described in paragraph (b)(2) of this
section) must sign a verification consent form as follows.
(i) For each adult, the form must be signed by the adult.
(ii) For each child, the form must be signed by an adult residing
in the assisted dwelling unit who is responsible for the child.
(2) Notice of release of evidence by responsible entity. The
verification consent form shall provide that evidence of eligible
immigration status may be released by the responsible entity without
responsibility for the further use or transmission of the evidence by
the entity receiving it, to:
(i) HUD, as required by HUD; and
(ii) The INS for purposes of verification of the immigration status
of the individual.
(3) Notice of release of evidence by HUD. The verification consent
form also shall notify the individual of the possible release of
evidence of eligible immigration status by HUD. Evidence of eligible
immigration status shall only be released to the INS for purposes of
establishing eligibility for financial assistance and not for any other
[[Page 13618]]
purpose. HUD is not responsible for the further use or transmission of
the evidence or other information by the INS.
(e) Individuals who do not contend that they have eligible status.
If one or more members of a family elect not to contend that they have
eligible immigration status, and other members of the family establish
their citizenship or eligible immigration status, the family may be
eligible for assistance under Secs. 5.516 and 5.518, or Sec. 5.520,
despite the fact that no declaration or documentation of eligible
status is submitted for one or more members of the family. The family,
however, must identify in writing to the responsible entity, the family
member (or members) who will elect not to contend that he or she has
eligible immigration status.
(f) Notification of requirements of Section 214. (1) When notice is
to be issued. Notification of the requirement to submit evidence of
citizenship or eligible immigration status, as required by this
section, or to elect not to contend that one has eligible status as
provided by paragraph (e) of this section, shall be given by the
responsible entity as follows:
(i) Applicant's notice. The notification described in paragraph
(f)(1) of this section shall be given to each applicant at the time of
application for assistance. Applicants whose applications are pending
on June 19, 1995, shall be notified of the requirement to submit
evidence of eligible status as soon as possible after June 19, 1995.
(ii) Notice to tenants. The notification described in paragraph
(f)(1) of this section shall be given to each tenant at the time of,
and together with, the responsible entity's notice of regular
reexamination of income, but not later than one year following June 19,
1995.
(iii) Timing of mortgagor's notice. A mortgagor receiving Section
235 assistance must be provided the notification described in paragraph
(f)(1) of this section and any additional requirements imposed under
the Section 235 Program.
(2) Form and content of notice. The notice shall:
(i) State that financial assistance is contingent upon the
submission and verification, as appropriate, of evidence of citizenship
or eligible immigration status as required by paragraph (a) of this
section;
(ii) Describe the type of evidence that must be submitted, and
state the time period in which that evidence must be submitted (see
paragraph (g) of this section concerning when evidence must be
submitted); and
(iii) State that assistance will be prorated, denied or terminated,
as appropriate, upon a final determination of ineligibility after all
appeals have been exhausted (see Sec. 5.514 concerning INS appeal, and
informal hearing process) or, if appeals are not pursued, at a time to
be specified in accordance with HUD requirements. Tenants also shall be
informed of how to obtain assistance under the preservation of families
provisions of Secs. 5.516 and 5.518.
(g) When evidence of eligible status is required to be submitted.
The responsible entity shall require evidence of eligible status to be
submitted at the times specified in paragraph (g) of this section,
subject to any extension granted in accordance with paragraph (h) of
this section.
(1) Applicants. For applicants, responsible entities must ensure
that evidence of eligible status is submitted not later than the date
the responsible entity anticipates or has knowledge that verification
of other aspects of eligibility for assistance will occur (see
Sec. 5.512(a)).
(2) Tenants. For tenants, evidence of eligible status is required
to be submitted as follows:
(i) For financial assistance under a Section 214 covered program,
with the exception of Section 235 assistance payments, the required
evidence shall be submitted at the first regular reexamination after
June 19, 1995, in accordance with program requirements.
(ii) For financial assistance in the form of Section 235 assistance
payments, the mortgagor shall submit the required evidence in
accordance with requirements imposed under the Section 235 Program.
(3) New occupants of assisted units. For any new occupant of an
assisted unit (e.g., a new family member comes to reside in the
assisted unit), the required evidence shall be submitted at the first
interim or regular reexamination following the person's occupancy.
(4) Changing participation in a HUD program. Whenever a family
applies for admission to a Section 214 covered program, evidence of
eligible status is required to be submitted in accordance with the
requirements of this subpart unless the family already has submitted
the evidence to the responsible entity for a Section 214 covered
program.
(5) One-time evidence requirement for continuous occupancy. For
each family member, the family is required to submit evidence of
eligible status only one time during continuously assisted occupancy
under any Section 214 covered program.
(h) Extensions of time to submit evidence of eligible status. (1)
When extension must be granted. The responsible entity shall extend the
time, provided in paragraph (g) of this section, to submit evidence of
eligible immigration status if the family member:
(i) Submits the declaration required under Sec. 5.508(a) certifying
that any person for whom required evidence has not been submitted is a
noncitizen with eligible immigration status; and
(ii) Certifies that the evidence needed to support a claim of
eligible immigration status is temporarily unavailable, additional time
is needed to obtain and submit the evidence, and prompt and diligent
efforts will be undertaken to obtain the evidence.
(2) Prohibition on indefinite extension period. Any extension of
time, if granted, shall be for a specific period of time. The
additional time provided should be sufficient to 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. If the extension is denied, the notice
shall explain the reasons for denial of the extension.
(i) Failure to submit evidence or to establish eligible status. If
the family fails to submit required evidence of eligible immigration
status within the time period specified in the notice, or any extension
granted in accordance with paragraph (h) of this section, or if the
evidence is timely submitted but fails to establish eligible
immigration status, the responsible entity shall proceed to deny,
prorate or terminate assistance, or provide continued assistance or
temporary deferral of termination of assistance, as appropriate, in
accordance with the provisions of Secs. 5.514, 5.516, and 5.518.
(ii) [Reserved]
Sec. 5.510 Documents of eligible immigration status.
(a) General. A responsible entity shall request and review original
documents of eligible immigration status. The responsible entity shall
retain photocopies of the documents for its own records and return the
original documents to the family.
[[Page 13619]]
(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
for the specific immigration status claimed by the individual.
Sec. 5.512 Verification of eligible immigration status.
(a) When verification is to occur. The responsible entity is
encouraged to commence verification of immigration status at a date
that the responsible entity believes will allow for verification of
immigration status, including any appeals or informal hearings, to be
completed by the time that verification of other aspects of eligibility
for assistance under a Section 214 covered program will be completed.
In no case may verification of immigration status occur later than the
date the responsible entity commences verification of other aspects of
eligibility for assistance under a Section 214 covered program. The
responsible entity shall verify eligible immigration status in
accordance with the INS procedures described in this section.
(b) Primary verification. (1) Automated verification system.
Primary verification of the immigration status of the person is
conducted by the responsible entity through the INS automated system
(INS Systematic Alien Verification for Entitlements (SAVE)). The INS
SAVE system provides access to names, file numbers and admission
numbers of noncitizens.
(2) Failure of primary verification to confirm eligible immigration
status. If the INS SAVE system does not verify eligible immigration
status, secondary verification must be performed.
(c) Secondary verification. (1) Manual search of INS records.
Secondary verification is a manual search by the INS of its records to
determine an individual's immigration status. The responsible entity
must request secondary verification, within 10 days of receiving the
results of the primary verification, if the primary verification system
does not confirm eligible immigration status, or if the primary
verification system verifies immigration status that is ineligible for
assistance under a Section 214 covered program.
(2) Secondary verification initiated by responsible entity.
Secondary verification is initiated by the responsible entity
forwarding photocopies of the original INS documents required for the
immigration status declared (front and back), attached to the INS
document verification request form G-845S (Document Verification
Request), or such other form specified by the INS to a designated INS
office for review. (Form G-845S is available from the local INS
Office.)
(3) Failure of secondary verification to confirm eligible
immigration status. If the secondary verification does not confirm
eligible immigration status, the responsible entity shall issue to the
family the notice described in Sec. 5.514(d), which includes
notification of the right to appeal to the INS of the INS finding on
immigration status (see Sec. 5.514(d)(4)).
(d) Exemption from liability for INS verification. The responsible
entity shall not be liable for any action, delay, or failure of the INS
in conducting the automated or manual verification.
Sec. 5.514 Delay, denial, reduction or termination of assistance.
(a) General. Assistance to a family may not be delayed, denied,
reduced or terminated because of the immigration status of a family
member except as provided in this section.
(b) Restrictions on delay, denial, reduction or termination of
assistance. (1) Restrictions on reduction, denial or termination of
assistance. 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) For a tenant, the informal hearing process under Sec. 5.514(f)
has not been concluded;
(vi) Assistance is prorated in accordance with Sec. 5.520;
(vii) Assistance for a mixed family is continued in accordance with
Secs. 5.516 and 5.518; or
(viii) Deferral of termination of assistance is granted in
accordance with Secs. 5.516 and 5.518.
(2) When delay of assistance to an applicant is permissible.
Assistance to an applicant may be delayed after the conclusion of the
INS appeal process, but not denied until the conclusion of the informal
hearing process, if an informal hearing is requested by the family.
(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; or
(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.
(2) Termination of assisted occupancy. For termination of assisted
occupancy, see paragraph (i) of this section.
(d) Notice of denial or termination of assistance. The notice of
denial or termination of assistance shall advise the family:
(1) That financial assistance will be denied or terminated, and
provide a brief explanation of the reasons for the proposed denial or
termination of assistance;
(2) That the family may be eligible for proration of assistance as
provided under Sec. 5.520;
(3) In the case of a tenant, the criteria and procedures for
obtaining relief under the provisions for preservation of families in
Secs. 5.514 and 5.518;
(4) That the family has a right to request an appeal to the INS of
the results of secondary verification of immigration status and to
submit additional documentation or a written explanation in support of
the appeal in accordance with the procedures of paragraph (e) of this
section;
(5) That the family has a right to request an informal hearing with
the responsible entity either upon completion of the INS appeal or in
lieu of the INS appeal as provided in paragraph (f) of this section;
(6) For applicants, the notice shall advise that assistance may not
be delayed until the conclusion of the INS appeal process, but
assistance may be delayed during the pendency of the informal hearing
process.
(e) Appeal to the INS. (1) Submission of request for appeal. Upon
receipt of
[[Page 13620]]
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. For good cause shown, the responsible entity shall grant the
family an extension of the time within which to request an appeal.
(2) Documentation to be submitted as part of appeal to INS. The
family shall forward to the designated INS office any additional
documentation or written explanation in support of the appeal. This
material must include a copy of the INS document verification request
form G-845S (used to process the secondary verification request) or
such other form specified by the INS, and a cover letter indicating
that the family is requesting an appeal of the INS immigration status
verification results.
(3) Decision by INS. (i) When decision will be issued. The INS will
issue to the family, with a copy to the responsible entity, a decision
within 30 days of its receipt of documentation concerning the family's
appeal of the verification of immigration status. If, for any reason,
the INS is unable to issue a decision within the 30 day time period,
the INS will inform the family and responsible entity of the reasons
for the delay.
(ii) Notification of INS decision and of informal hearing
procedures. When the responsible entity receives a copy of the INS
decision, the responsible entity shall notify the family of its right
to request an informal hearing on the responsible entity's
ineligibility determination in accordance with the procedures of
paragraph (f) of this section.
(4) No delay, denial, reduction, or termination of assistance until
completion of INS appeal process; direct appeal to INS. Pending the
completion of the INS appeal under this section, assistance may not be
delayed, denied, reduced or terminated on the basis of immigration
status.
(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 14
days of the date the responsible entity mails or delivers the notice
under paragraph (d) of this section, or within 14 days of the mailing
of the INS appeal decision issued in accordance with paragraph (e) of
this section (established by the date of postmark).
(2) Extension of time to request hearing. The responsible entity
shall extend the period of time for requesting a hearing (for a
specified period) upon good cause shown.
(3) Informal hearing procedures. (i) Tenants assisted under a
Section 8 covered program: For tenants assisted under a Section 8
covered program, the procedures for the hearing before the responsible
entity are set forth in:
(A) For Section 8 Moderate Rehabilitation assistance: 24 CFR part
882;
(B) For Section 8 tenant-based assistance: 24 CFR part 982; or
(C) For Section 8 project-based certificate program: 24 CFR part
983.
(ii) Tenants assisted under any other Section 8 covered program or
a Public Housing covered program: For tenants assisted under a Section
8 covered program not listed in paragraph (f)(3)(i) of this section or
a Public Housing covered program, the procedures for the hearing before
the responsible entity are set forth in 24 CFR part 966.
(iii) Families under Housing covered programs and applicants for
assistance under all covered programs. For all families under Housing
covered programs (applicants as well as tenants already receiving
assistance) and for applicants for assistance under all covered
programs, the procedures for the informal hearing before the
responsible entity are as follows:
(A) Hearing before an impartial individual. The family shall be
provided a hearing before any person(s) designated by the responsible
entity (including an officer or employee of the responsible entity),
other than a person who made or approved the decision under review, and
other than a person who is a subordinate of the person who made or
approved the decision;
(B) Examination of evidence. The family shall be provided the
opportunity to examine and copy at the individual's expense, at a
reasonable time in advance of the hearing, any documents in the
possession of the responsible entity pertaining to the family's
eligibility status, or in the possession of the INS (as permitted by
INS requirements), including any records and regulations that may be
relevant to the hearing;
(C) Presentation of evidence and arguments in support of eligible
status. The family shall be provided the opportunity to present
evidence and arguments in support of eligible status. Evidence may be
considered without regard to admissibility under the rules of evidence
applicable to judicial proceedings;
(D) Controverting evidence of the responsible entity. The family
shall be provided the opportunity to controvert evidence relied upon by
the responsible entity and to confront and cross-examine all witnesses
on whose testimony or information the responsible entity relies;
(E) Representation. The family shall be entitled to be represented
by an attorney, or other designee, at the family's expense, and to have
such person make statements on the family's behalf;
(F) Interpretive services. The family shall be entitled to arrange
for an interpreter to attend the hearing, at the expense of the family,
or responsible entity, as may be agreed upon by the two parties to the
proceeding; and
(G) Hearing to be recorded. The family shall be entitled to have
the hearing recorded by audiotape (a transcript of the hearing may, but
is not required to, be provided by the responsible entity).
(4) Hearing decision. The responsible entity shall provide the
family with a written final decision, based solely on the facts
presented at the hearing, within 14 days of the date of the informal
hearing. The decision shall state the basis for the decision.
(g) Judicial relief. A decision against a family member, issued in
accordance with paragraphs (e) or (f) of this section, does not
preclude the family from exercising the right, that may otherwise be
available, to seek redress directly through judicial procedures.
(h) Retention of documents. The responsible entity shall retain for
a minimum of 5 years the following documents that may have been
submitted to the responsible entity by the family, or provided to the
responsible entity as part of the INS appeal or the informal hearing
process:
(1) The application for financial assistance;
(2) The form completed by the family for income reexamination;
(3) Photocopies of any original documents (front and back),
including original INS documents;
(4) The signed verification consent form;
(5) The INS verification results;
(6) The request for an INS appeal;
(7) The final INS determination;
(8) The request for an informal hearing; and
(9) The final informal hearing decision.
(i) Termination of assisted occupancy. (1) Under Housing covered
programs,
[[Page 13621]]
and in the Section 8 covered programs other than the Section 8 Rental
Certificate, Rental Voucher, and Moderate Rehabilitation programs,
assisted occupancy is terminated by:
(i) If permitted under the lease, the responsible entity notifying
the tenant that because of the termination of assisted occupancy the
tenant is required to pay the HUD-approved market rent for the dwelling
unit.
(ii) The responsible entity and tenant entering into a new lease
without financial assistance.
(iii) The responsible entity evicting the tenant. While the tenant
continues in occupancy of the unit, the responsible entity may continue
to receive assistance payments if action to terminate the tenancy under
an assisted lease is promptly initiated and diligently pursued, in
accordance with the terms of the lease, and if eviction of the tenant
is undertaken by judicial action pursuant to State and local law.
Action by the responsible entity to terminate the tenancy and to evict
the tenant must be in accordance with applicable HUD regulations and
other HUD requirements. For any jurisdiction, HUD may prescribe a
maximum period during which assistance payments may be continued during
eviction proceedings and may prescribe other standards of reasonable
diligence for the prosecution of eviction proceedings.
(2) In the Section 8 Rental Certificate, Rental Voucher, and
Moderate Rehabilitation programs, assisted occupancy is terminated by
terminating assistance payments. (See provisions of this section
concerning termination of assistance.) The PHA shall not make any
additional assistance payments to the owner after the required
procedures specified in this section have been completed. In addition,
the PHA shall not approve a lease, enter into an assistance contract,
or process a portability move for the family after those procedures
have been completed.
Sec. 5.516 Availability of preservation assistance to mixed families
and other families.
(a) Assistance available for tenant mixed families. (1) General.
Preservation assistance is available to tenant mixed families,
following completion of the appeals and informal hearing procedures
provided in Sec. 5.514. There are three types of preservation
assistance:
(i) Continued assistance (see paragraph (a) of Sec. 5.518);
(ii) Temporary deferral of termination of assistance (see paragraph
(b) of Sec. 5.518); or
(iii) Prorated assistance (see Sec. 5.520, a mixed family must be
provided prorated assistance if the family so requests).
(2) Availability of assistance. (i) For Housing covered programs:
One of the three types of assistance described is available to tenant
mixed families assisted under a National Housing Act or 1965 HUD Act
covered program, depending upon the family's eligibility for such
assistance. Continued assistance must be provided to a mixed family
that meets the conditions for eligibility for continued assistance.
(ii) For Section 8 or Public Housing covered programs. One of the
three types of assistance described may be available to tenant mixed
families assisted under a Section 8 or Public Housing covered program.
(b) Assistance available for applicant mixed families. Prorated
assistance is also available for mixed families applying for assistance
as provided in Sec. 5.520.
(c) Assistance available to other families in occupancy. 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 (c)(2) of
this section.
(1) For Housing covered programs: Temporary deferral of termination
of assistance is available to families assisted under a Housing covered
program.
(2) For Section 8 or Public Housing covered programs: The
responsible entity may make temporary deferral of termination of
assistance to families assisted under a Section 8 or Public Housing
covered program.
(d) Section 8 covered programs: Discretion afforded to provide
certain family preservation assistance. (1) Project owners. With
respect to assistance under a Section 8 Act covered program
administered by a project owner, HUD has the discretion to determine
under what circumstances families are to be provided one of the two
statutory forms of assistance for preservation of the family (continued
assistance or temporary deferral of assistance). HUD is exercising its
discretion by specifying the standards in this section under which a
project owner must provide one of these two types of assistance to a
family. However, project owners and PHAs must offer prorated assistance
to eligible mixed families.
(2) PHAs. The PHA, rather than HUD, has the discretion to determine
the circumstances under which a family will be offered one of the two
statutory forms of assistance (continued assistance or temporary
deferral of termination of assistance). The PHA must establish its own
policy and criteria to follow in making its decision. In establishing
the criteria for granting continued assistance or temporary deferral of
termination of assistance, the PHA must incorporate the statutory
criteria, which are set forth in paragraphs (a) and (b) of Sec. 5.518.
However, the PHA must offer prorated assistance to eligible families.
Sec. 5.518 Types of preservation assistance available to mixed
families and other families.
(a) Continued assistance. A mixed family may receive continued
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):
(1) The family was receiving assistance under a Section 214 covered
program on June 19, 1995;
(2) The family's head of household or spouse has eligible
immigration status as described in Sec. 5.506; and
(3) 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.
(b) Temporary deferral of termination of assistance. (1)
Eligibility for this type of assistance. If a mixed family qualifies
for prorated assistance (and does not qualify for continued
assistance), but decides not to accept prorated assistance, or if a
family has no members with eligible immigration status, the family may
be eligible for temporary deferral of termination of assistance if
necessary to permit the family additional time for the orderly
transition of those family members with ineligible status, and any
other family members involved, to other affordable housing. Other
affordable housing is used in the context of transition of an
ineligible family from a rent level that reflects HUD assistance to a
rent level that is unassisted; the term refers to housing that is not
substandard, that is of appropriate size for the family and that can be
rented for an amount not exceeding the amount that the family pays for
rent, including utilities, plus 25 percent.
(2) Housing covered programs: Conditions for granting temporary
deferral of termination of assistance. The responsible entity shall
grant a
[[Page 13622]]
temporary deferral of termination of assistance to a mixed family if
the family is assisted under a Housing covered program and one of the
following conditions is met:
(i) The family demonstrates that reasonable efforts to find other
affordable housing of appropriate size have been unsuccessful (for
purposes of this section, reasonable efforts include seeking
information from, and pursuing leads obtained from the State housing
agency, the city government, local newspapers, rental agencies and the
owner);
(ii) The vacancy rate for affordable housing of appropriate size is
below five percent in the housing market for the area in which the
project is located; or
(iii) The consolidated plan, as described in 24 CFR part 91 and if
applicable to the covered program, indicates that the local
jurisdiction's housing market lacks sufficient affordable housing
opportunities for households having a size and income similar to the
family seeking the deferral.
(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 shall not exceed a period of three years.
(4) Notification requirements for beginning of each deferral
period. At the beginning of each deferral period, the responsible
entity must inform the family of its ineligibility for financial
assistance and offer the family information concerning, and referrals
to assist in finding, other affordable housing.
(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 three 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 exceed three years), 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
three years, or a determination has been made that other affordable
housing is available.
(c) Option to select proration of assistance at end of deferral
period. A family who is eligible for, and receives temporary deferral
of termination of assistance, may request, and the responsible entity
shall provide proration of assistance at the end of the deferral period
if the family has made a good faith effort during the deferral period
to locate other affordable housing.
(d) Notification of decision on family preservation assistance. A
responsible entity shall notify the family of its decision concerning
the family's qualification for family preservation assistance. If the
family is ineligible for family preservation assistance, the
notification shall state the reasons, which must be based on relevant
factors. For tenant families, the notice also shall inform the family
of any applicable appeal rights.
Sec. 5.520 Proration of assistance.
(a) Applicability. This section applies to a mixed family other
than a family receiving continued assistance, or other than a family
who is eligible for and requests and receives temporary deferral of
termination of assistance. An eligible mixed family who requests
prorated assistance must be provided prorated assistance.
(b) Method of prorating assistance for Housing covered programs.
(1) Proration under Rent Supplement Program. If the household
participates in the Rent Supplement Program, the rent supplement paid
on the household's behalf shall be the rent supplement the household
would otherwise be entitled to, multiplied by a fraction, the
denominator of which is the number of people in the household and the
numerator of which is the number of eligible persons in the household;
(2) Proration under Section 235 Program. If the household
participates in the Section 235 Program, the interest reduction
payments paid on the household's behalf shall be the payments the
household would otherwise be entitled to, multiplied by a fraction the
denominator of which is the number of people in the household and the
numerator of which is the number of eligible persons in the household;
(3) Proration under Section 236 Program without the benefit of
additional assistance. If the household participates in the Section 236
Program without the benefit of any additional assistance, the
household's rent shall be increased above the rent the household would
otherwise pay by an amount equal to the difference between the market
rate rent for the unit and the rent the household would otherwise pay
multiplied by a fraction the denominator of which is the number of
people in the household and the numerator of which is the number of
ineligible persons in the household;
(4) Proration under Section 236 Program with the benefit of
additional assistance. If the household participates in the Section 236
Program with the benefit of additional assistance under the rent
supplement, rental assistance payment or Section 8 programs, the
household's rent shall be increased above the rent the household would
otherwise pay by:
(i) An amount equal to the difference between the market rate rent
for the unit and the basic rent for the unit multiplied by a fraction,
the denominator of which is the number of people in the household, and
the numerator of which is the number of ineligible persons in the
household, plus;
(ii) An amount equal to the rent supplement, housing assistance
payment or rental assistance payment the household would otherwise be
entitled to multiplied by a fraction, the denominator of which is the
number of people in the household and the numerator of which is the
number of ineligible persons in the household.
(c) Method of prorating assistance for Section 8 covered programs.
(1) Section 8 assistance other than Section 8 rental
[[Page 13623]]
voucher assistance. For Section 8 assistance other than assistance
provided under the Section 8 Rental Voucher Program, the PHA shall
prorate the family's assistance as follows:
(i) Step 1. Determine gross rent for the unit. (Gross rent is
contract rent plus any allowance for tenant paid utilities).
(ii) Step 2. Determine total tenant payment in accordance with 24
CFR 813.107(a). (Annual income includes income of all family members,
including any family member who has not established eligible
immigration status.)
(iii) Step 3. Subtract amount determined in paragraph (c)(1)(ii),
(Step 2), from amount determined in paragraph (c)(1)(i), (Step 1).
(iv) Step 4. Multiply the amount determined in paragraph
(c)(1)(iii), (Step 3) by a fraction for which:
(A) The numerator is the number of family members who have
established eligible immigration status; and
(B) The denominator is the total number of family members.
(v) Prorated housing assistance. The amount determined in paragraph
(c)(1)(iv), (Step 4) is the prorated housing assistance payment for a
mixed family.
(vi) No effect on contract rent. Proration of the housing
assistance payment does not affect contract rent to the owner. The
family must pay as rent the portion of contract rent not covered by the
prorated housing assistance payment.
(2) Section 8 Rental Voucher assistance. For assistance under the
Section 8 Rental Voucher Program, the PHA shall prorate the family's
assistance as follows:
(i) Step 1. Determine the amount of the pre-proration voucher
housing assistance payment in accordance with 24 CFR part 887. (Annual
income includes income of all family members, including any family
member who has not established eligible immigration status.)
(ii) Step 2. Multiply the amount determined in paragraph (c)(2)(i),
(Step 1) by a fraction for which:
(A) The numerator is the number of family members who have
established eligible immigration status; and
(B) The denominator is the total number of family members.
(iii) Prorated housing assistance. The amount determined in
paragraph (c)(2)(ii), (Step 2) is the prorated housing assistance
payment for a mixed family.
(iv) No effect on rent to owner. Proration of the voucher housing
assistance payment does not affect rent to the owner. The family must
pay as rent the portion of rent not covered by the prorated housing
assistance payment.
(d) Method of prorating assistance for Public Housing covered
programs. The PHA shall prorate the family's assistance by:
(1) Step 1. Determining total tenant payment in accordance with 24
CFR 913.107(a). (Annual income includes income of all family members,
including any family member who has not established eligible
immigration status.)
(2) Step 2. Subtracting the total tenant payment from a HUD-
supplied ``public housing maximum rent'' applicable to the unit or the
PHA. (This ``maximum rent'' shall be determined by HUD using the 95th
percentile rent for the PHA.) The result is the maximum subsidy for
which the family could qualify if all members were eligible (``family
maximum subsidy'').
(3) Step 3. Dividing the family maximum subsidy by the number of
persons in the family (all persons) to determine the maximum subsidy
per each family member who has citizenship or eligible immigration
status (``eligible family member''). The subsidy per eligible family
member is the ``member maximum subsidy''.
(4) Step 4. Multiplying the member maximum subsidy by the number of
family members who have citizenship or eligible immigration status
(``eligible family members'').
(5) Step 5. The product of steps 1 through 4, as set forth in
paragraph (d)(2) of this section is the amount of subsidy for which the
family is eligible (``eligible subsidy''). The family's rent is the
``public housing maximum rent'' minus the amount of the eligible
subsidy.
Sec. 5.522 Prohibition of assistance to noncitizen students.
(a) General. The provisions of Secs. 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.
Sec. 5.524 Compliance with nondiscrimination requirements.
The responsible entity shall administer the restrictions on use of
assisted housing by noncitizens with ineligible immigration status
imposed by this part in conformity with all applicable
nondiscrimination and equal opportunity requirements, including, but
not limited to, title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d-2000d-5) and the implementing regulations in 24 CFR part 1,
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations in 24 CFR part 8, the Fair Housing Act (42
U.S.C. 3601-3619) and the implementing regulations in 24 CFR part 100.
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 paragraph (e) of
section 214.
(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 and the informal hearings
provided under Sec. 5.514, as long as the implementation by the State
and local government agency or official is in accordance with
prescribed HUD rules and requirements.
Sec. 5.528 Liability of ineligible tenants for reimbursement of
benefits.
Where a tenant has received the benefit of HUD financial assistance
to which the tenant was not entitled because the tenant intentionally
misrepresented eligible status, the ineligible tenant is responsible
for reimbursing HUD for the assistance improperly paid. If the amount
of the assistance is substantial, the responsible entity is encouraged
to refer the case to the HUD Inspector General's office for further
investigation. Possible criminal prosecution may follow based on the
False Statements Act (18 U.S.C. 1001 and 1010).
PART 200--INTRODUCTION
4. The authority citation for 24 CFR part 200 is revised to read as
follows:
Authority: 12 U.S.C. 1701-1715z-18; 42 U.S.C. 3535(d).
[[Page 13624]]
Subpart G--[Removed and Reserved]
5. Subpart G, consisting of Secs. 200.180 through 200.192, is
removed and reserved.
PART 235--MORTGAGE INSURANCE AND ASSISTANCE PAYMENTS FOR HOME
OWNERSHIP AND PROJECT REHABILITATION
6. The authority citation for part 235 continues to read as
follows:
Authority: 12 U.S.C. 1715b and 1715z; 42 U.S.C. 3535(d).
7. Section 235.1 is revised to read as follows:
Sec. 235.1 Applicability of regulations.
The regulations regarding eligibility requirements (including
eligibility requirements for noncitizens) for homes for lower income
families in force before December 8, 1995, will continue to govern the
rights and obligations of mortgagors, mortgagees, and the Department of
Housing and Urban Development with respect to loans insured under
section 235(i) of the National Housing Act.
8. Section 235.375 is amended by revising paragraph (b)(6) to read
as follows:
Sec. 235.375 Termination, suspension, or reinstatement of the
assistance payments contract.
* * * * *
(b) * * *
(6) Failure to provide evidence of citizenship or eligible
immigration status in accordance with 24 CFR part 5:
(i) For a new member of the family, except with respect to a
mortgagor described under Sec. 235.1.
(ii) At the first recertification of an assistance contract, except
with respect to a mortgagor described under Sec. 235.1; or
(iii) Upon modification of an existing assistance contract.
* * * * *
PART 236--MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENTS FOR
RENTAL PROJECTS
9. The authority citation for part 236 continues to read as
follows:
Authority: 12 U.S.C. 1715b and 1715z-1; 42 U.S.C. 3535(d).
10. Section 236.2 is amended by revising paragraph (3) of the
definition of ``Qualified Tenant'' to read as follows:
Sec. 236.2 Definitions.
* * * * *
Qualified Tenant.
* * * * *
(3) For restrictions on financial assistance to noncitizens with
ineligible immigration status, see 24 CFR part 5.
* * * * *
11. In Sec. 236.70, paragraph (a)(1) is revised to read as follows:
Sec. 236.70 Occupancy requirements.
(a)(1) The housing owner shall determine eligibility following
procedures prescribed by the Commissioner when processing applications
for admission. The restrictions on assistance to noncitizens set forth
in 24 CFR part 5 govern the submission and verification of information
related to citizenship and eligible immigration status for those
applicants who seek admission at a below market rent.
* * * * *
12. Section 236.80 is amended by revising:
a. The two sentences at the end of paragraph (a);
b. The last sentence of paragraph (b); and
c. The last two sentences at the end of paragraph (c), to read as
follows:
Sec. 236.80 Reexamination of income.
(a) * * * At the first regular reexamination after June 19, 1995,
the owner shall follow the requirements of 24 CFR part 5, concerning
obtaining and processing information on the citizenship or eligible
immigration status of all family members. Thereafter, at each regular
reexamination, the owner shall follow the requirements of 24 CFR part 5
concerning obtaining and processing information on the citizenship or
eligible immigration status of any new family member.
(b) * * * At any interim reexamination after June 19, 1995 when
there is a new family member, the owner shall follow the requirements
of 24 CFR part 5 concerning obtaining and processing information on the
citizenship or eligible immigration status of the new family member.
(c) * * * When termination is based upon a determination that the
tenant does not have eligible immigration status, the procedures of 24
CFR part 5 apply. The procedures include the provision of assistance to
certain mixed families (families whose members include those with
eligible immigration status, and those without eligible immigration
status) in lieu of termination.
13. Section 236.710 is amended by revising the sentence at the end
of the section to read as follows:
Sec. 236.710 Qualified tenant.
* * * For restrictions on financial assistance to noncitizens with
ineligible immigration status, see 24 CFR part 5.
14. Section 236.715 is amended by revising the sentence at the end
of paragraph (a) to read as follows:
Sec. 236.715 Determination of eligibility.
(a) * * * The requirements of 24 CFR part 5 govern the submission
and verification of information related to citizenship and eligible
immigration status for applicants, and the procedures for denial of
assistance based upon a failure to establish eligible immigration
status.
* * * * *
15. Section 236.765 is revised to read as follows:
Sec. 236.765 Determination of eligible immigration status of
applicants and tenants; protection from liability.
(a) Housing owner's obligation to make determination. A housing
owner shall obtain and verify information regarding the citizenship or
immigration status of applicants and tenants in accordance with the
procedures of 24 CFR part 5.
(b) Protection from liability. HUD will not take any compliance,
disallowance, penalty or other regulatory action against a housing
owner with respect to any error in its determination to make an
individual eligible for financial assistance based upon citizenship or
eligible immigration status, as provided in 24 CFR part 5.
PART 247--EVICTIONS FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS
16. The authority citation for part 247 continues to read as
follows:
Authority: 12 U.S.C. 1701q, 1701s, 1715b, 1715l, 1715z-1; 42
U.S.C. 1437a, 1437c, 1437f, 3535(d).
17. Section 247.3 is amended by revising paragraph (c)(3), to read
as follows:
Sec. 247.3 Entitlement of tenants to occupancy.
* * * * *
(c) * * *
(3) If the tenant:
(i) Fails to supply on time all required information on the income
and composition, or eligibility factors, of the tenant household, as
provided in 24 CFR part 5; or
(ii) Knowingly provides incomplete or inaccurate information as
required under these provisions; and
* * * * *
[[Page 13625]]
PART 812--[REMOVED]
18-19. Part 812 is removed.
PART 882--SECTION 8 CERTIFICATE AND MODERATE REHABILITATION
PROGRAMS
20. The authority citation for part 882 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
21. In Sec. 882.118, paragraph (a)(1) is revised to read as
follows:
Sec. 882.118 Obligations of the Family.
(a) * * *
(1) Supply such certification, release, information or
documentation as the PHA or HUD determine to be necessary, including
submission of required evidence of citizenship or eligible immigration
status (as provided by 24 CFR part 5), submission of Social Security
Numbers and verifying documentation (as provided by 24 CFR part 5),
submission of signed consent forms for the obtaining of wage and claim
information from State Wage Information Collection Agencies (as
provided by 24 CFR part 5), and submissions required for an annual or
interim reexamination of family income and composition.
* * * * *
22. Section 882.212 is amended by revising the two sentences at the
end of paragraph (a), and the sentence at the end of paragraphs (b) and
(c), to read as follows:
Sec. 882.212 Reexamination of Family income and composition.
(a) * * * At the first regular reexamination after June 19, 1995
the PHA shall follow the requirements of 24 CFR part 5 concerning
obtaining and processing evidence of citizenship or eligible
immigration status of all family members. Thereafter, at each regular
reexamination, the PHA shall follow the requirements of 24 CFR part 5
concerning verification of the immigration status of any new family
member.
(b) * * * At any interim reexamination after June 19, 1995 when
there is a new family member, the PHA shall follow the requirements of
24 CFR part 5, subpart E concerning obtaining and processing evidence
of citizenship or eligible immigration status of the new family member.
(c) * * * For provisions requiring termination of housing
assistance payments when the PHA determines that a member is not a U.S.
citizen or does not have eligible immigration status, see 24 CFR parts
5 and 982 for provisions concerning certain assistance for mixed
families (families whose members include those with eligible
immigration status, and those without eligible immigration status) in
lieu of termination of assistance, and for provisions concerning
deferral of termination of assistance.
* * * * *
23. Section 882.514 is amended by revising the sentence at the end
of paragraph (f) to read as follows:
Sec. 882.514 Family participation.
* * * * *
(f) * * * The informal hearing requirements for denial and
termination of assistance on the basis of ineligible immigration status
are contained in 24 CFR part 5.
* * * * *
24. Section 882.515 is amended by revising the two sentences at the
end of paragraph (a), and by revising the sentence at the end of
paragraphs (b) and (c), to read as follows:
Sec. 882.515 Reexamination of family income and composition.
(a) * * * At the first regular reexamination after June 19, 1995,
the PHA shall follow the requirements of 24 CFR part 5 concerning
obtaining and processing evidence of citizenship or eligible
immigration status of all family members. Thereafter, at each regular
reexamination, the PHA shall follow the requirements of 24 CFR part 5
concerning verification of immigration status of any new family member.
(b) * * * At any interim reexamination after June 19, 1995 when
there is a new family member, the PHA shall follow the requirements of
24 CFR part 5 concerning obtaining and processing evidence of
citizenship or eligible immigration status of the new family member.
(c) * * * For provisions requiring termination of assistance when
the PHA determines that a family member is not a U.S. citizen or does
not have eligible immigration status, see 24 CFR parts 5 and 982 for
provisions concerning certain assistance for mixed families (families
whose members include those with eligible immigration status, and those
without eligible immigration status) in lieu of termination of
assistance, and for provisions concerning deferral of termination of
assistance.
25. Section 882.808 is amended by revising the two sentences at the
end of paragraph (i)(1), the sentence at the end of paragraph (i)(2),
and the sentence at the end of paragraph (l), to read as follows:
Sec. 882.808 Management.
* * * * *
(i) * * *
(1) * * * At the first regular reexamination after June 19, 1995,
the PHA shall follow the requirements of 24 CFR part 5 concerning
obtaining and processing evidence of citizenship or eligible
immigration status of all family members. Thereafter, at each regular
reexamination, the PHA shall follow the requirements of 24 CFR part 5
concerning verification of immigration status of any new family member.
(2) * * * At any interim reexamination after June 19, 1995 when
there is a new family member, the PHA shall follow the requirements of
24 CFR part 5 concerning obtaining and processing evidence of
citizenship or eligible immigration status of the new family member.
* * * * *
(l) * * * For provisions requiring termination of assistance when
the PHA determines that a family member is not a U.S. citizen or does
not have eligible immigration status, see 24 CFR parts 5 and 982 for
provisions concerning certain assistance for mixed families (families
whose members include those with eligible immigration status, and those
without eligible immigration status) in lieu of termination of
assistance, or for provisions concerning deferral of termination of
assistance.
* * * * *
PART 887--HOUSING VOUCHERS
26. The authority citation for part 887 continues to read as
follows:
Authority: 42 U.S.C. 1437f(o) and 3535(d).
27. Section 887.355 is amended by revising paragraph (b) to read as
follows:
Sec. 887.355 Regular reexamination of family income and composition.
* * * * *
(b) At the first regular reexamination after June 19, 1995, the PHA
shall follow the requirements of 24 CFR part 5 concerning obtaining and
processing evidence of citizenship or eligible immigration status of
all family members. Thereafter, at each regular reexamination, the PHA
shall follow the requirements of 24 CFR part 5 concerning verification
of the immigration status of any new family member.
* * * * *
28. Section 887.357 is amended by revising the sentence at the end
of the section to read as follows:
[[Page 13626]]
Sec. 887.357 Interim reexamination of family income and composition.
* * * At any interim reexamination after June 19, 1995 that
involves the addition of a new family member, the PHA shall follow the
requirements of 24 CFR part 5 concerning obtaining and processing
evidence of citizenship or eligible immigration status of the new
family member.
PART 904--LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES
29. The authority citation for part 904 continues to read as
follows:
Authority: 42 U.S.C. 1437-1437ee and 3535(d).
30. Section 904.104 is amended by revising the first sentence of
paragraph (b)(1) and the first sentence of paragraph (g)(2)(iii), to
read as follows:
Sec. 904.104 Eligibility and selection of homebuyers.
* * * * *
(b) Eligibility and standards for admission. (1) Homebuyers shall
be lower income families that are determined to be eligible for
admission in accordance with the provisions of 24 CFR parts 5 and 913,
which prescribe income definitions, income limits, and restrictions
concerning citizenship or eligible immigration status. * * *
* * * * *
(g) * * *
(2) * * *
(iii) For denial of assistance for failure to establish citizenship
or eligible immigration status, the applicant may request, in addition
to the informal hearing, an appeal to the INS, in accordance with 24
CFR part 5.
* * * * *
31. In Sec. 904.107, paragraphs (j)(2) and (m)(1) are revised to
read as follows:
Sec. 904.107 Responsibilities of homebuyer.
* * * * *
(j) * * *
(2) For purposes of determining eligibility of an applicant (see 24
CFR parts 5 and 913, as well as this part) and the amount of Homebuyer
payments under paragraph (j)(1) of this section, the LHA shall examine
the family's income and composition and follow the procedures required
by 24 CFR part 5 for determining citizenship or eligible immigration
status before initial occupancy. Thereafter, for the purposes stated in
this paragraph and to determine whether a Homebuyer is required to
purchase the home under Sec. 904.104(h)(1), the LHA shall reexamine the
Homebuyer's income and composition regularly, at least once every 12
months, and shall undertake such further determination and verification
of citizenship or eligible immigration status as required by 24 CFR
part 5. The Homebuyer shall comply with the LHA's policy regarding
required interim reporting of changes in the family's income and
composition. If the LHA receives information from the family or other
source concerning a change in the family income or other circumstances
between regularly scheduled reexaminations, the LHA, upon consultation
with the family and verification of the information (in accordance with
24 CFR parts 5 and 913 of this chapter) shall promptly make any
adjustments determined to be appropriate in the Homebuyer payment
amount or take appropriate action concerning the addition of a family
member who is not a citizen with eligible immigration status. Any
change in the family's income or other circumstances that results in an
adjustment in the Total Tenant Payment and Tenant Rent must be
verified.
* * * * *
(m) Termination by LHA. (1) In the event the homebuyer breaches the
Homebuyers Ownership Opportunity Agreement by failure to make the
required monthly payment within ten days after its due date, by
misrepresenting or withholding of information in applying for admission
or in connection with any subsequent reexamination of income and family
composition (including the failure to submit any required evidence of
citizenship or eligible immigration status, as provided by 24 CFR part
5; the failure to meet the disclosure and verification requirements for
Social Security Numbers, as provided by 24 CFR part 5; or the failure
to sign and submit consent forms for the obtaining of wage and claim
information from State Wage Information Collection Agencies, as
provided by 24 CFR part 5), or by failure to comply with any of the
other homebuyer obligations under the Agreement, the LHA may terminate
the Agreement. No termination under this paragraph may occur less than
30 days after the LHA gives the homebuyer notice of its intention to do
so, in accordance with paragraph (m)(3) of this section. For
termination of assistance for failure to establish citizenship or
eligible immigration status under 24 CFR part 5, the requirements of 24
CFR parts 5 and 966 shall apply.
* * * * *
PART 912--[REMOVED]
32-33. Part 912 is removed.
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
34. The authority citation for part 960 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, and 3535(d).
35. Section 960.204 is amended by revising paragraph (a) to read as
follows:
Sec. 960.204 Tenant selection policies.
(a) Selection policies. (1) The PHA shall establish and adopt
written policies for admission of tenants.
(2) These policies shall be designed:
(i) To attain, to the maximum extent feasible, a tenant body in
each project that is composed of families with a broad range of incomes
and to avoid concentrations of the most economically deprived families
with serious social problems;
(ii) To preclude admission of applicants whose habits and practices
reasonably may be expected to have a detrimental effect on the
residents or the project environment;
(iii) To give a preference in selection of tenants to applicants
who qualify for a federal preference, ranking preference, or local
preference, in accordance with 24 CFR part 5; and
(iv) To establish objective and reasonable policies for selection
by the PHA among otherwise eligible applicants.
(3) The PHA tenant selection policies shall include the following:
(i) Requirements for applications and waiting lists (see 24 CFR
1.4);
(ii) Description of the policies for selection of applicants from
the waiting list that includes the following:
(A) How the ``federal preferences'' (described in 24 CFR part 5)
will be used;
(B) How any ``ranking preferences'' (described in 24 CFR part 5)
will be used;
(C) How any ``local preferences'' (described in 24 CFR part 5) will
be used; and
(D) How any residency preference will be used;
(iii) Policies for verification and documentation of information
relevant to acceptance or rejection of an applicant, including
documentation and verification of citizenship and eligible immigration
status under 24 CFR part 5; and
(iv) Policies for participant transfer between units, projects, and
programs. For example, a PHA could adopt a criterion for voluntary
transfer that the tenant had met all obligations under the current
program, including payment of charges to the PHA.
* * * * *
[[Page 13627]]
36. Section 960.206 is amended by revising paragraph (a) to read as
follows:
Sec. 960.206 Verification procedures.
(a) General. Adequate procedures must be developed to obtain and
verify information with respect to each applicant. (See 24 CFR parts 5
and 913.) Information relative to the acceptance or rejection of an
applicant or the grant or denial of a ranking preference, or a local
preference under 24 CFR part 5 must be documented and placed in the
applicant's file.
* * * * *
37. Section 960.209 is amended by revising the two sentences at the
end of paragraph (a), revising the sentence at the end of paragraph
(b), and by revising paragraph (c), to read as follows:
Sec. 960.209 Reexamination of family income and composition.
(a) * * * At the first regular reexamination after June 19, 1995,
the PHA shall follow the requirements of 24 CFR part 5 concerning
obtaining and processing information on the citizenship or eligible
immigration status of all family members. Thereafter, at each regular
reexamination, the PHA shall follow the requirements of 24 CFR part 5
concerning verification of the immigration status of any new family
member.
(b) * * * At any interim reexamination after June 19, 1995 when
there is a new family member, the PHA shall follow the requirements of
24 CFR part 5 concerning obtaining and processing information on the
citizenship or eligible immigration status of the new family member.
(c) Termination. For provisions requiring termination of
participation for failure to establish citizenship or eligible
immigration status, see 24 CFR part 5 for provisions concerning
assistance to certain mixed families (families whose members include
those with citizenship and eligible immigration status and those
without eligible immigration status) in lieu of termination of
assistance.
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
38. The authority citation for part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
39. Section 982.153 is amended by revising paragraph (b)(9) to read
as follows:
Sec. 982.153 HA responsibilities.
* * * * *
(b) * * *
(9) Obtain and verify evidence of citizenship and eligible
immigration status in accordance with 24 CFR part 5.
* * * * *
39a. Section 982.201 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 982.201 Eligibility.
(a) * * * To be eligible, the applicant must be a ``family'', must
be income-eligible, and must be a citizen or a noncitizen who has
eligible immigration status as determined in accordance with 24 CFR
part 5.
* * * * *
40. Section 982.551 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 982.551 Obligations of participant.
* * * * *
(b) * * *
(1) The family must supply any information that the HA or HUD
determines is necessary in the administration of the program, including
submission of required evidence of citizenship or eligible immigration
status (as provided by 24 CFR part 5). ``Information'' includes any
requested certification, release or other documentation.
* * * * *
41. Section 982.552 is amended by revising paragraph (e) to read as
follows:
Sec. 982.552 HA denial or termination of assistance for family.
* * * * *
(e) Restrictions on assistance to noncitizens. The family must
submit required evidence of citizenship or eligible immigration status.
See 24 CFR part 5 for a statement of circumstances in which the HA must
deny or terminate assistance because a family member does not establish
citizenship or eligible immigration status, and the applicable informal
hearing procedures. See 24 CFR part 5 for provisions on assistance for
mixed families (families whose members include those with eligible
immigration status, and those without eligible immigration status)
instead of denial or termination of assistance, and for provisions on
deferral of termination of assistance.
* * * * *
42. Section 982.554 is amended by revising paragraph (d) to read as
follows:
Sec. 982.554 Informal review for applicant.
* * * * *
(d) Restrictions on assistance for noncitizens. The informal
hearing provisions for the denial of assistance on the basis of
ineligible immigration status are contained in 24 CFR part 5.
43. Section 982.555 is amended by revising paragraph (g) to read as
follows:
Sec. 982.555 Informal hearing for participant.
* * * * *
(g) Restrictions on assistance to noncitizens. The informal hearing
provisions for the denial of assistance on the basis of ineligible
immigration status are contained in 24 CFR part 5.
Dated: March 12, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-7188 Filed 3-26-96; 8:45 am]
BILLING CODE 4210-32-P
