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FAQ Friday: Eligible Immigration Status

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

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.
Learn more about HCV eligibilityLearn more about PH eligibility

Topics: eligibility, Q&A, Knowledge Base

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

FAQ Friday: Proof of Identity

Posted by NMA on Mar 16, 2018 5:00:00 AM

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."

Topics: Q&A, Knowledge Base

FAQ Friday: Remaining Family Member

Posted by NMA on Mar 2, 2018 5:00:00 AM

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."

Topics: occupancy, Q&A, Knowledge Base

FAQ Friday: EIV Training Requirements

Posted by NMA on Feb 16, 2018 5:00:00 AM

q-and-a-standard.jpgQUESTION     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."

Topics: EIV, PIH Alert, Q&A, Knowledge Base

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