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FAQ Friday: Eligible Immigration Status

Posted by Annie Stevenson on Jul 20, 2018 9:48:28 AM


Please provide some guidance on eligible immigration status. We know that some noncitizens are eligible (such as permanent residents) and some are ineligible (such as students on a student visa). We’re not sure about other categories such as “nonimmigrant.”

Is there a listing somewhere that gives specifics about what is and what isn’t an eligible status?


The applicable regulation is at 24 Code of Federal Regulations 5.506(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)).

The eligible categories are not listed in the HUD regulation, so we have to look at the United States Code under Title 42, Section 1436(a). The US Code lists the groups of eligible immigrants:

Conditions for assistance. Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is—
(1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;
(2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 1259 of title 8;
(3) an alien who is lawfully present in the United States pursuant to an admission under section 1157 of title 8 or pursuant to the granting of asylum (which has not been terminated) under section 1158 of title 8;
(4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8;
(5) an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 1231(b)(3) of title 8;
(6) an alien lawfully admitted for temporary or permanent residence under section 1255a of title 8; or
(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau.

The eligible categories are also listed on the second page of HUD’s model declaration of Section 214 status. Noncitizens who are not in an eligible category are ineligible. This includes undocumented persons, students on a student visa, workers on a work visa, sponsored aliens, fiancées, and all others not categorized as eligible.

Aliens in nonimmigrant status are most likely ineligible. Here is the definition of “nonimmigrant” from the US Citizenship and Immigration Services website:

An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others.
Learn more about HCV eligibilityLearn more about PH eligibility

Topics: eligibility, Knowledge Base

HUD Approves Disaster Recovery Plans

Posted by Annie Stevenson on Jul 13, 2018 11:40:06 AM

In a press release this week, HUD announced that it is approving a disaster recovery plan to help the U.S. Virgin Islands recover from Hurricanes Irma and Maria. The action plan is funded through the Community Development Block Grant–Disaster Recovery (CDBG–DR) program, where HUD allocated $243 million in November 2017. As part of the action plan, various programs have been designed to address unmet needs that the U.S. Virgin Islands have identified in housing, infrastructure, and economic development recovery. More about these programs can be found in the press release. HUD also notes that for the additional $1.621 billion in CDBG–DR funding it allocated to the U.S. Virgin Islands back in April for similar purposes, HUD will be shortly issuing requirements governing those funds, and the U.S. Virgin Islands, along with other states allocated CDBG–DR funds, will be required to submit plans addressing the use of those funds as well.

HUD recently issued a press release to announce that it has approved a $616 million disaster recovery plan to help Florida recover from Hurricane Irma. The grant is through the Community Development Block Grant – Disaster Recovery (CDBG-DR) program and will support the repair of damaged homes, businesses, and critical infrastructure in the state. In April, HUD allocated an additional $791 million of CDBG-DR funding to Florida for unmet need, infrastructure and mitigation purposes.

HUD also announced that it has approved a $5 billion disaster recovery plan to help Texas recover from Hurricane Harvey. The CDBG-DR funds will support long-term recovery efforts. An additional $4.726 billion was allocated in April for unmet need, infrastructure and mitigation purposes.

Learn more about preparing for a disaster

Topics: disaster programs, CDBG-DR, Industry News

HUD Publishes Two RAD Notices, Schedules Q&A

Posted by Annie Stevenson on Jul 12, 2018 10:37:17 AM

Last week HUD’s Office of Public and Indian Housing (PIH) published two Federal Register notices concerning the Rental Assistance Demonstration (RAD) program. Both notices implement program changes under the fiscal year (FY) 2018 appropriations act.

The first notice, titled “Rental Assistance Demonstration: Implementation of Certain Fiscal Year (FY) 2018 Appropriations Act Provisions,” describes the following changes to RAD’s first and second components.

RAD First Component (Public Housing Conversions)

The 2018 appropriations act authorized an increase in the cap on public housing conversions to 455,000. Properties currently on the waiting list that receive awards will have rents based on modified FY 2016 public housing levels.
At the end of the calendar year, HUD will calculate RAD rents based on FY 2018 operating fund, capital fund, and tenant rent levels (“FY 18 RAD rents”) and any new awards made after January 1, 2019, will use these rent levels.
Any PHAs that submitted “letters of interest” to reserve their position on the waiting list have 60 days to submit a complete RAD application, portfolio award request, or multi-phase award requested for the number of units included in their letter of interest. HUD has sent an email to these PHAs notifying them of this deadline.
HUD is establishing a simpler process for PHAs to withdraw and reapply for RAD in order to receive more current rent levels.

RAD Second Component (Rent Supp, RAP, Mod Rehab, SRO)

Conversion of properties assisted by Section 202 supportive housing for the elderly (202 PRACs) will be addressed in a later notice.
Conversions of Rent Supp and RAP projects in high-cost areas shall have initial rents set at comparable market rents for the market area.
Second component conversions may not be the basis for re-screening or termination of assistance or eviction of any tenant family, and such families will not be considered new admissions for any purpose.

The PIH office also published a Federal Register notice titled “Rental Assistance Demonstration: Supplemental Guidance on Final Notice.” The notice announces revisions to Notice PIH 2012-32/H-2017-03 (the “RAD notice”) pursuant to yesterday’s release of Notice PIH 2018-11. The RAD statute requires that all changes to the RAD notice must be published in the Federal Register at least 10 days prior to implementation. The new guidance makes five changes to the Revision 3 notice:

  • It authorizes a streamlined conversion option for some small PHAs with 50 or fewer public housing units.
  • It expands “rent bundling” flexibility to allow PHAs to blend the subsidy between RAD project-based voucher (PBV) and non-RAD PBV contracts.
  • PHAs will be permitted to establish project-specific utility allowances, allowing for increased rents due to reductions in utility costs.
  • A higher developer fee will be allowed for owners who adopt a waiting list preference for households exiting homelessness or permanent supportive housing.
  • It preserves resident relocation rights under demolition/disposition actions.

This week the Department of Housing and Urban Development (HUD) announced via RADBlast! that it has archived a Q&A webinar on these new notices. Both the recording of the webinar and the slide deck are available on the RAD Resource Desk.

The RADBlast! also announced that due to technical issues, some of those who originally had registered for the webinar were unable to participate. As a result, HUD is hosting another session for additional Q&A on the two notices this Friday, July 13, at 2:30 p.m. eastern time. To register for tomorrow's webinar, click here. To join the RADBlast! mailing list, click here.

Learn more about RAD

Topics: PIH notices, Q&A, RAD, Industry News

2018 NMA Housing Awards now open for entries

Posted by NMA on Jul 11, 2018 11:02:57 AM


Submissions are now being accepted for the 2018 NMA Housing Awards. Entries are due Friday, August 31, 2018.

The NMA Housing Awards is an annual event created to recognize innovative housing solutions in communities nationwide. Award winners will be presented with an engraved trophy at The Housing Conference next February in New Orleans.

2018 NMA Development Award

NMA honors the outstanding achievement of housing authorities or associations in affordable housing with the NMA Development Award. One award will be given to an agency with 2500 or more units and one to an agency with 2499 or fewer units. Unit size is based on the total number of housing units.

This award category includes initiatives such as new development or construction, green initiatives, property improvements, or out-of-the-box financing.

2018 NMA Resident Service Award

The NMA Resident Service Award is sponsored by NMA to recognize housing authorities who are leaders in the affordable housing industry through their community outreach and efforts to improve the future of the families they serve. One award will be given to an agency with 2500 or more units and one to an agency with 2499 or fewer units. Unit size is based on the total number of housing units.

Each entry must be limited to one specific service initiative. Examples of such initiatives are self-sufficiency programs, community projects, education, or other resident or participant initiatives.

How To Apply

You can download the entry form on our website. Go here to read about last year's winners. We look forward to reading your entries!

Nominate your PHA

Topics: NMA Housing Awards, The Housing Conference, company news

HUD Suspends AFFH Implementation

Posted by Annie Stevenson on May 23, 2018 12:46:36 PM

Today in the Federal Register, HUD published three notices concerning its suspension of implementation of the Affirmatively Furthering Fair Housing (AFFH) final rule. Draft versions of the notices were posted on May 18 with an accompanying press release.

The notices include:

In January, HUD announced the extension of the deadline for submission of an assessment of fair housing (AFH) by local government consolidated plan program participants until at least 2020. Earlier this month, the National Fair Housing Alliance (NFHA) announced that it filed a fair housing complaint against HUD over suspension of implementation of the AFFH rule.

In today’s first notice, HUD announces that it is withdrawing its January AFH suspension notice. In the second notice, HUD announces its withdrawal of the local government assessment tool “because it is inadequate to accomplish its purpose of guiding program participants to produce meaningful AFHs.” The third notice states that without the assessment tool there can be no AFH, and by extension the AFFH rule and its other components cannot be implemented. Any local government that has not yet submitted an AFH that has been accepted by HUD must instead conduct an analysis of impediments (AI), which was required prior to 2015.

For more information, see the AFFH page on HUD Exchange.

Topics: fair housing, final rule, Industry News

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