NMA Blog

Rental Assistance Demonstration: Implementation of Certain Fiscal Year (FY) 2018 Appropriations Act Provisions (FRN 6105-N-01)

This notice establishes rules for which FY rent levels are used as well as deadlines for submission of completed RAD applications. It notes that the RAD application has been significantly simplified, and highlights changes in multi-phase deadlines, the ability to withdraw and reapply for RAD to receive more current rent levels, and RAD second component changes.

Rental Assistance Demonstration (RAD) – Supplemental Guidance HUD Housing Notice (H 2018-05, PIH 2018-11)

This HUD notice revises certain portions of the RAD Implementation Notice H 2017-03 REV-3 / PIH 2012-32 REV-3.

• Section I: Provides instructions to PHAs and their development partners, who can convert the assistance of public housing projects under the first component of the demonstration.
• Section II: Provides instructions to owners of Mod Rehab projects, including SROs, who can convert the assistance of these projects under the second component of the demonstration.
• Section III: Provides instructions to owners of Rent Supp and RAP projects, who can convert the assistance of these projects under the second component of the demonstration.

There is now a streamlined conversion option for small PHAs with public housing portfolio of 50 units or less, eliminating several lengthy requirements. The notice also implements a higher developer fee limit for owners with a homeless preference to incentivize more development of properties that serve or partially serve this population. Projects that have not yet closed may request HUD approval to convert under the terms of this revised notice.

RHIIP Listserv Posting #410

This notice provides guidance for owner-adopted preferences in RAD properties. Unlike in public housing, owners of RAD PBRA properties may not establish an elderly designation (i.e., a set-aside of units for the elderly). However, owners may adopt a preference for elderly individuals and/or elderly families, which permits those applicants to be selected from the waiting list and housed before other eligible families. Any preference adopted as part of the conversion that will alter the occupancy of the property is subject to an upfront civil rights review during the RAD conversion process.

Certain preferences also require approval from a HUD multifamily field office. For RAD properties, preferences that may be adopted without HUD approval include:

• Single persons who are 62 or older over other single persons
• Single persons who are displaced over other single persons
• Single persons who are homeless over other single persons
• Single persons with disabilities over other single persons

Preferences that require approval from a HUD field office include but are not limited to:

• Elderly families
• Near-elderly single persons
• Near-elderly families

Question

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?

Answer

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.

QUESTION     Does HUD require a picture ID for adult family members? Our administrative plan and ACOP policies require a state-issued picture ID but we are finding that some applicants have difficulty in obtaining one. What if there is a birth certificate on file? Is that acceptable as proof of identity under the HUD regulations?

ANSWER     There is no regulatory requirement for proof of identity, but PHAs may establish such a requirement in policy. Proof of identity is not limited to state-issued ID documents.

Here is a clarification from HUD’s Rental Integrity Summit FAQs (please see Q & A #50):

Question: Is a picture ID required, if there is a birth certificate in the adult tenant's file for establishing legal identity?

Answer: A birth certificate does not establish an adult's legal identity in determining citizenship for eligibility. Therefore, a PHA may request a picture ID from an adult for this purpose. HUD regulations give PHAs the discretion to determine what appropriate documentation an applicant or participant is required to furnish to the PHA. Although not inclusive, the following are acceptable documents to establish identity:

• U.S. passport
• Certificate of U.S. Citizenship (INS Form N-560 or N-561)
• Certificate of Naturalization (INS Form N-550 or N-570)
• Valid foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization
• Permanent resident card or alien registration receipt card with photograph (INS Form I-151 or I-551)
• Valid employment authorization card (INS Form I-688)
• Valid reentry permit (INS Form I-571)
• Valid employment authorization document issued by INS, which contains a photograph (INS Form I-688B)
• Driver's license or ID card issued by a state or outlying possession of the United States

Are you a PIH Alert subscriber? Every Friday, the PIH Alert includes one frequently asked question (FAQ) submitted by our readers. Sign up today for a free 30-day trial subscription! Email sales@nanmckay.com to get started. To submit your question, email Annie Stevenson at annie@nanmckay.com with the subject line "FAQ Friday."

QUESTION     Our PHA isn’t sure how to handle the following situation. One of our residents, a single mother with minor children, became ill and asked to add the children’s father to her public housing lease. Just as we began to process her request, the resident died. Although we have policies concerning a “remaining family member,” our understanding is that the father doesn’t qualify since he wasn’t added to the lease prior to the resident’s death. The father of the children is concerned that the children would have more trauma if they had to change households and schools now that their mother has passed. What should we do?

ANSWER     In your scenario, the remaining family members are the minor children. Their father can be added to the lease as the new head of household. The following excerpt is from Chapter 2 of HUD’s Public Housing Occupancy Guidebook:

The remaining member of a tenant family is a member who was listed on the lease of a public housing unit and is the only family member still remaining in the unit. A child may remain in the unit as a remaining family member if the PHA permits an adult to join the household as a new head of household.

Keep in mind that the new head of household (in this case, the father) must pass your PHA’s criminal background screening and meet other eligibility requirements. Process his application in the same way you would when adding an adult member to any resident family.

Are you a PIH Alert subscriber? Every Friday, the PIH Alert includes one frequently asked question (FAQ) submitted by our readers. Sign up today for a free 30-day trial subscription! Email sales@nanmckay.com to get started. To submit your question, email Annie Stevenson at annie@nanmckay.com with the subject line "FAQ Friday."

QUESTION     What are the requirements for training on the EIV system for newly-hired staff members? Is it true that they must receive EIV training within one week of their start date? I can’t find a reference for this.

ANSWER     It is not true that new hires must complete training on HUD’s Enterprise Income Verification (EIV) system within one week of employment. However, PHA staff must complete the training prior to accessing the EIV system itself or EIV printed reports.

The current reference is in Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System:

EIV System Training Information. As a condition of initial and continued access to the EIV System, HUD and PHA staff are required to complete Annual Security Awareness training and EIV system training (initial system training) and update (interim system changes) training when offered by HUD Headquarters (HHQ). This training requirement also applies to those individuals who will not access EIV, but will view or handle printed and/or electronic EIV data. Individuals who will view and/or handle printed EIV information are required to complete only annual Security Awareness training (EIV system training is optional for these individuals). EIV training provided by third parties (other than HUD Headquarters) does not fulfill the mandatory EIV training requirement.

EIV system users who need to complete EIV training may view EIV training webcasts at: http://portal.hud.gov/hudportal/HUD?src=/press/multimedia

Note: Employees must complete the training prior to accessing the EIV system and/or printed EIV reports.

It should be noted that this guidance differs from that in the previous notice, PIH 2010-19. The older notice required EIV training to be completed by set dates depending on date of hire. It’s also important that two types of EIV training are required: initial system training and annual security training.

Are you a PIH Alert subscriber? Every Friday, the PIH Alert includes one frequently asked question (FAQ) submitted by our readers. Sign up today for a free 30-day trial subscription! Email sales@nanmckay.com to get started. To submit your question, email Annie Stevenson at annie@nanmckay.com with the subject line "FAQ Friday."