[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR5.216]

[Page 47-50]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents
 
  Subpart B_Disclosure and Verification of Social Security Numbers and 
    Employer Identification Numbers; Procedures for Obtaining Income 
                               Information
 
Sec. 5.216  Disclosure and verification of Social Security and Employer 
Identification Numbers.

    (a) Disclosure: assistance applicants. Each assistance applicant 
must submit the following information to the processing entity when the 
assistant applicant's eligibility under the program involved is being 
determined:
    (1)(i) The complete and accurate SSN assigned to the assistant 
applicant and to each member of the assistant applicant's household who 
is at least six years of age; and
    (ii) The documentation referred to in paragraph (f)(1) of this 
section to verify each such SSN; or
    (2) If the assistance applicant or any member of the assistance 
applicant's household who is at least six years of age has not been 
assigned an SSN, a

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certification executed by the individual involved that meets the 
requirements of paragraph (j) of this section.
    (b) Disclosure: individual owner applicants. Each individual owner 
applicant must submit the following information to the processing entity 
when the individual owner applicant's eligibility under the program 
involved is being determined:
    (1)(i) The complete and accurate SSNs assigned to the individual 
owner applicant and to each member of the individual owner applicant's 
household who will be obligated to pay the debt evidenced by the 
mortgage or loan documents; and
    (ii) The documentation referred to in paragraph (f)(1) of this 
section to verify the SSNs; or
    (2) If any person referred to in paragraph (b)(1)(i) of this section 
has not been assigned an SSN, a certification executed by the individual 
involved that meets the requirements of paragraph (j) of this section.
    (c) Disclosure: certain officials of entity applicants. As explained 
more fully in HUD administrative instructions, each officer, director, 
principal stockholder, or other official of an entity applicant must 
submit the following information to the processing entity when the 
entity applicant's eligibility under the program involved is being 
determined:
    (1) The complete and accurate SSN assigned to each such individual; 
and
    (2) The documentation referred to in paragraph (f)(1) of this 
section to verify each SSN.
    (d) Disclosure: participants--(1) Initial disclosure. Each 
participant whose initial determination of eligibility under the program 
involved was begun before November 6, 1989, must submit the following 
information to the processing entity at the next regularly scheduled 
income reexamination for the program involved:
    (i)(A) The complete and accurate SSN assigned to the participant and 
to each member of the participant's family who is at least six years of 
age; and
    (B) The documentation referred to in paragraph (f)(1) of this 
section to verify each such SSN; or
    (ii) If the participant or any member of the participant's household 
who is at least six years of age has not been assigned an SSN, a 
certification executed by the individual(s) involved that meets the 
requirements of paragraph (j) of this section.
    (2) Subsequent disclosure. Once a participant has disclosed and 
verified every SSN, or submitted any certification that an SSN has not 
been assigned, as provided by paragraph (a) of this section (for an 
assistance applicant) or paragraph (d)(1) (for a preexisting 
participant) of this section, the following rules apply:
    (i) If the participant's household adds a new member who is at least 
six years of age, the participant must submit to the processing entity, 
at the next interim or regularly scheduled income reexamination that 
includes the new members:
    (A) The complete and accurate SSNs assigned to each new member and 
the documentation referred to in paragraph (f)(1) of this section to 
verify the SSNs for each new member; or
    (B) If the new member has not been assigned an SSN, a certification 
executed by the individual involved that meets the requirements of 
paragraph (j) of this section.
    (ii) If the participant or any member of the participant's household 
who is at least six years of age obtains a previously undisclosed SSN, 
or has been assigned a new SSN, the participant must submit the 
following to the processing entity at the next regularly scheduled 
income reexamination:
    (A) The complete and accurate SSN assigned to the participant or 
household member involved; and
    (B) The documentation referred to in paragraph (f)(1) of this 
section to verify the SSN of each such individual.
    (iii) Additional SSN disclosure and verification requirements, 
including the nature of the disclosure and the verification required and 
the time and manner for making the disclosure and verification, may be 
specified in administrative instructions by:
    (A) HUD; and
    (B) In the case of the public housing program or the programs under 
parts 882 and 887 of this title, the PHA.
    (e) Disclosure: entity applicants. Each entity applicant must submit 
the following information to the processing

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entity when the entity applicant's eligibility under the program 
involved is being determined:
    (1) Any complete and accurate EIN assigned to the entity applicant; 
and
    (2) The documentation referred to in paragraph (f)(2) of this 
section to verify the EIN.
    (f) Required documentation--(1) Social Security Numbers. The 
documentation necessary to verify the SSN of an individual who is 
required to disclose his or her SSN under paragraphs (a) through (d) of 
this section is a valid SSN card issued by the SSA, or such other 
evidence of the SSN as HUD and, where applicable, the PHA may prescribe 
in administrative instructions.
    (2) Employer Identification Numbers. The documentation necessary to 
verify any EIN of an entity applicant that is required to disclose its 
EIN under paragraph (e) of this section is the official, written 
communication from the IRS assigning the EIN to the entity applicant, or 
such other evidence of the EIN as HUD may prescribe in administrative 
instructions.
    (g) Special documentation rules for assistance applicants and 
participants--(1) Certification of inability to meet documentation 
requirements. If an individual who is required to disclose his or her 
SSN under paragraph (a) (assistance applicants) of this section or 
paragraph (d) (participants) of this section is able to disclose the 
SSN, but cannot meet the documentation requirements of paragraph (f)(1) 
of this section, the assistance applicant or participant must submit to 
the processing entity the individual's SSN and a certification executed 
by the individual that the SSN submitted has been assigned to the 
individual, but that acceptable documentation to verify the SSN cannot 
be provided.
    (2) Acceptance or certification by processing entity. Except as 
provided by paragraph (h) of this section, the processing entity must 
accept the certification referred to in paragraph (g)(1) of this section 
and continue to process the assistant applicant's or participant's 
eligibility to participate in the program involved.
    (3) Effect on assistance applicants. If the processing entity 
determines that the assistance applicant is otherwise eligible to 
participate in the program, the assistance applicant may not become a 
participant in the program, unless it submits to the processing entity 
the documentation required under paragraph (f)(1) of this section within 
the time period specified in paragraph (g)(5) of this section. During 
such period, the assistance applicant will retain the position that it 
occupied in the program at the time the determination of eligibility was 
made, including its place on any waiting list maintained for the 
program, if applicable.
    (4) Effect on participants. If the processing entity determines that 
the participant otherwise continues to be eligible to participate in the 
program, participation will continue, provided that the participant 
submits to the processing entity the documentation required under 
paragraph (f)(1) of this section within the time period specified in 
paragraph (g)(5) of this section.
    (5) Time for submitting documentation. The time period referred to 
in paragraphs (g)(4) and (5) of this section is 60 calendar days from 
the date on which the certification referred to in paragraph (g)(1) of 
this section is executed, except that the processing entity may, in its 
discretion, extend this period for up to an additional 60 days if the 
individual is at least 62 years of age and is unable to submit the 
required documentation within the initial 60-day period.
    (h) Rejection of documentation or certification. The processing 
entity may reject documentation referred to in paragraph (f) of this 
section, or a certification provided under paragraphs (a)(2), (b)(2), 
(d), or (g)(1) of this section, only for such reasons as HUD and the PHA 
may prescribe in applicable administrative instructions.
    (i) Information on SSNs and EINs. (1) Information regarding SSNs and 
SSN cards may be obtained by contacting the local SSA Office or 
consulting the SSA regulations at 20 CFR chapter III (see, particularly, 
part 422).
    (2) Information regarding EINs may be obtained by contacting the 
local office of the IRS or consulting the appropriate regulations for 
the IRS.

[[Page 50]]

    (j) Form and manner of certifications. The certifications referred 
to in paragraphs (a)(2), (b)(2), (d), and (g)(1) of this section must be 
in the form and manner that HUD and the PHA prescribe in applicable 
administrative instructions. If an individual who is required to execute 
a certification is less than 18 years of age, the certification must be 
executed by his or her parent or guardian or, in accordance with 
administrative instructions, by the individual or another person.

(Approved by the Office of Management and Budget under control number 
2502-0204)