Again, all submissions must refer to the docket number and title of the notice. PDF Overview HUD-Subsidized and Project-Based Section 8 Programs To meet age verification requirements, the following documents are deemed reliable by HUD: birth certificate, drivers license, passport, immigration card, military ID, and any other local, state, federal or international documentation so long as the document contains information regarding the age of the person. Suite 207 Likewise, although the proposed rule would revise eligibility for prorated assistance, current methods would be used to calculate the prorated assistance provided to an eligible family. Grant programs-housing and community development, Loan programs-housing and community development. While Congress recognized that exceptions to this general verification requirement might be warranted in some cases, this statutory exception is narrowly tailored to individuals 62 years of age or older participating in Section 214 covered programs. 248 / Tuesday, December 29, 2009 - Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System - Amendments Final Rule Effective January 31, 2010 Permanent Supportive Housing (PSH) - HUD Exchange Section by Section Summary. Thank you for your cooperation. 0000003257 00000 n As noted, Section 214 provides for proration in the context of preservation assistance to mixed families grandfathered by the 1987 HCD Act. The responsible entity may make temporary deferral of termination of assistance to families assisted under a Section 8 or Public Housing covered program. The 1987 HCD Act also amended Section 214 to authorize preservation assistance to prevent the separation of families already receiving assistance on the date of enactment of the 1987 HCD Act (i.e., February 5, 1988). The Fair Housing Act: Housing for Older Persons | HUD.gov / U.S Further, HUD no longer agrees that a leaseholder, the individual who is contractually bound to the landlord and who holds conditional ownership of the unit for the lease term, can be exempted from having verified eligible immigration status at the outset of the tenancy and assistance. where is age verification form. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial 1437 et seq.) Your board of directors. 601 et seq.) Such procedures may be part of a normal leasing or purchasing arrangement. It should be Section 214 prohibits the Secretary of HUD from making financial assistance available to persons other than United States citizens or certain categories of eligible noncitizens in HUD's public and specified assisted housing programs. The Professional Property Manager's Guide to the Low Income Housing Tax Credit, The Professional Property Manager's Guide to the Violence Against Women Act, A. J. Johnson to Conduct Live Webinar on Liability Protection Policies for Affordable Housing Properties, A. J. Johnson to Conduct Live Webinar on Multifamily Occupancy Standards, A. J. Johnson to Conduct Live Webinar on Average Income Minimum Set-Aside, A. J. Johnson to Provide Live Webinar on Tenant-on-Tenant Harassment and Sexual Harassment in the Workplace. under 18 in the household. If the initial verification does not confirm eligible immigration status, or if initial verification confirms immigration status that is ineligible for assistance under a Section 214 covered program, the responsible entity must request additional verification within 10 days of receiving the results of the initial verification. developer tools pages. It is a good idea to always have more than 80% of units occupied by someone 55+ so that if an older person with a younger spouse dies, the surviving spouse will not have to move. Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 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). and consent to transmittal of a copy of the document and the information contained on the document to DHS to verify whether the individual has eligible immigration status. Section 214 also authorized the temporary deferral of termination of assistance for families receiving assistance on February 5, 1988, but who were ineligible for continued assistance on a prorated basis to permit the orderly transition of the individual and any family members involved to other affordable housing.[8]. provide legal notice to the public or judicial notice to the courts. (iii) Timing of mortgagor's notice. ). Individuals with hearing or speech impediments may access this number via TTY by calling the Federal Relay, during working hours, at 1 (800) 877-8339 (this is a toll-free number). The notification shall be given to each applicant at the time of application for assistance. "Old" Section 202: A direct HUD loan at below-market interest rate in exchange for HUD-regulated "budget-based" rents and occupancy restrictions. The proposed rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. HUD provides guidance on the HOME program through Notices, Policy Memos, and the HOMEfiresand HOME Facts newsletters. What About the Children? HOA Age Restrictions and FHA Proscriptions Verification of occupancy: through the use of reliable surveys and affidavits, owners must be able to produce verification of compliance with the 80% rule. (d) Notice of denial or termination of assistance. [18] California | HUD.gov / U.S. Department of Housing and Urban Development headings within the legal text of Federal Register documents. [15] In addition to the two substantive amendments discussed above, HUD has taken the opportunity afforded by the proposed rule to make a few technical, nonsubstantive changes to the regulations to further conform to Section 214 statutory requirements. These time periods do not apply to a family that includes an individual admitted as a refugee under section 207 of the Immigration and Nationality Act or an individual granted asylum under section 208 of that Act. with license and social security numbers redacted or (ii) take the document to a board meeting where it will be examined but not copied. This PDF is 42 U.S.C. HUD Issues Notice Related to Resident Income Verification Waitwhat? Valid passport Census document showing age Naturalization certificate Social Security Administration Benefits printout Alimony or child support. Among other requirements, HUD's Section 504 regulations include an integration mandate, requiring recipients to administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities; reasonable accommodation requirements, which require recipients to adjust, modify, or make . PDF HUD.gov / U.S. Department of Housing and Urban Development (HUD) the current document as it appeared on Public Inspection on 0000000656 00000 n for better understanding how a document is structured but Notification of the requirement to submit evidence that the individual is a U.S. citizen, as defined in 5.504(b), or that individual has eligible immigration status, as required by this section, shall be given by the responsible entity as follows: (i) Applicant's notice. ,L .9 .9 ( V9 V9 V9 ~. 1701x; 42 U.S.C. The remaining 20% of the units may be occupied by persons under 55, with the community still qualifying for the exemption. Section 214 of the Housing and Community Development Act of 1980, II. (2) Form and content of notice. establishing the XML-based Federal Register as an ACFR-sanctioned 1531-1538) (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and on the private sector. This is a Read more, Dear Sun City Hermosa Resident: Our Regular Session Meeting is scheduled for SEPTEMBER 24, 2021 at 1 PM 2 PM. (3) That any family member may seek a record correction with DHS if they believe that SAVE was unable to verify their status due to incorrect immigration records. The Executive order was subsequently published in the Federal Register on April 13, 2018 (83 FR 15942), and is available at: https://www.gpo.gov/fdsys/pkg/FR-2018-04-13/pdf/2018-07874.pdf. One of the two types of assistance described in paragraph (a)(1) of this section may be available to Start Printed Page 20595tenant families assisted under a Section 8 or Public Housing covered program. (5) One-time evidence requirement for continuous occupancy. determined that the dwelling is specifically designed for and occupied by <<0f8b8753503d434188b7976c885f92a2>]>> (4) Changing participation in a HUD program. Signed into law on December 28, 1995, HOPA creates an exemption under the FHAA for communities designed specifically for older residents. As noted, the regulations presently excuse individuals from submitting documentation if they do not contend to having eligible immigration status. No Facsimiled Comments. HUD Charges California High-Rise Condominium Operators with Disability Discrimination, HUD Announces Settlement Agreement with California Housing Providers Resolving Sexual Harassment Claims, HUD Announces Agreement with California Real Estate and Property Management Company, U.S. Department of Public Law 100-242, enacted February 5, 1988. Such updates must take place at least once every two years. I can not find it. The Section 214 requirements apply to financial assistance provided under the . Sunday, October 3, 2021, Our Regular Session Meeting is scheduled for SEPTEMBER 24, 2021 at 1 PM. (d) Failure to confirm eligible immigration status. The association must conforming with HUD's regulatory need for age verification of residents . (3) New occupants of assisted units. FR-6111-F-03 RIN: 2529-AA98 Document Number: 2020-19887 Notwithstanding HUD's determination that this rule will not have a significant effect on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to this rule that will meet HUD's objectives as described in this preamble. The FHAA makes it unlawful for an association to discriminate based on familial status. The proposed rule would also specify that individuals who are not in eligible immigration status may not serve as the leaseholder, even as part of a mixed family whose assistance is prorated based on the percentage of members with eligible status. The answer is HOPA. The PHA must establish its own policy and criteria to follow in making its decision. U.S. Department of Housing and Urban Development 451 7th Street, S.W., Washington, DC 20410 T: 202-708-1112 Copies of all comments submitted are available for inspection and downloading at http://www.regulations.gov. To qualify, a property must meet each of the following requirements: (1)at least 80% of the occupied units must have at least one occupant who is 55 or older; (2) the community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and (3) the community must comply with HUD's regulator. The regulations require that financial assistance made available to a mixed family be prorated, based on the number of individuals in the family for whom eligibility has been affirmatively established. %PDF-1.4 % PDF CRITERIA FOR DEFINING HOMELESS - HUD Exchange PDF CHAPTER 3. ELIGIBILITY FOR ASSISTANCE AND OCCUPANCY 3-1 - HUD.gov " In 5.510(b), remove the reference to INS and add in its place DHS. Types of preservation assistance available to tenant families. 1715z) (the Section 235 Program); 2. The responsible entity shall extend the time, provided in paragraph (f) of this section, to submit evidence of eligible immigration status if the family member: (i) Submits the required declaration described in paragraph (c) of this section certifying that any person for whom required evidence has not been submitted is a noncitizen with eligible immigration status; and. HUD believes that requiring the verified eligible immigration status of the head of household or spouse is more in keeping with the intent of Section 214 to limit eligibility to individuals with eligible immigration status, subject to limited exceptions, and consistent with HUD's existing treatment of leaseholders in its assisted housing programs. 3, 2017), available at https://www.gpo.gov/fdsys/pkg/FR-2017-04-03/pdf/2017-06702.pdf. 42 U.S.C.