[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR5.214]



[Page 46-47]

 

                 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.  5.214  Definitions.



    In addition to the definitions in Sec.  5.100, the following 

definitions apply to this subpart B:

    Assistance applicant. Except as excluded pursuant to 42 U.S.C. 

3543(b) and 3544(a)(2), this term means the following:

    (1) For any program under 24 CFR parts 215, 221, 236, 290, or 891, 

or any program under Section 8 of the 1937 Act: A family or individual 

that seeks rental assistance under the program.

    (2) For the public housing program: A family or individual that 

seeks admission to the program.

    (3) For any program under 24 CFR part 235: A homeowner or 

cooperative member seeking homeownership assistance (including where the 

individual seeks to assume an existing mortgage).

    Computer match means the automated comparison of data bases 

containing records about individuals.

    Computer matching agreement means the agreement that describes the 

responsibilities and obligations of the parties participating in a 

computer match.

    Consent form means any consent form approved by HUD to be signed by 

assistance applicants and participants for the purpose of obtaining 

income information from employers and SWICAs; return information from 

the Social Security Administration (including wages, net earnings from 

self-employment, and payments of retirement income), as referenced at 26 

U.S.C. 6103(l)(7)(A); and return information for unearned income from 

the Internal Revenue Service, as referenced at 26 U.S.C. 6103(l)(7)(B). 

The consent forms expire after a certain time and may authorize the 

collection of other information from assistance applicants or 

participants to determine eligibility or level of benefits as provided 

in Sec. Sec.  813.109, 913.109, and 950.315 of this title.

    Employer Identification Number (EIN) means the nine-digit taxpayer 

identifying number that is assigned to an individual, trust, estate, 

partnership, association, company, or corporation pursuant to sections 

6011(b), or corresponding provisions of prior law, or 6109 of the 

Internal Revenue Code.

    Entity applicant. (1) Except as excluded pursuant to 42 U.S.C. 

3543(b), 3544(a)(2), and paragraph (2) of this definition, this term 

means a partnership, corporation, or any other association or entity, 

other than an individual owner applicant, that seeks to participate as a 

private owner in any of the following:

    (i) The project-based assistance programs under Section 8 of the 

1937 Act;

    (ii) The programs in 24 CFR parts 215, 221, or 236; or

    (iii) The other mortgage and loan insurance programs in 24 CFR parts 

201 through 267, except that the term ``entity applicant'' does not 

include a mortgagee or lender.

    (2) The term does not include a public entity, such as a PHA, IHA, 

or State Housing Finance Agency.

    Federal agency means a department of the executive branch of the 

Federal Government.

    Income information means information relating to an individual's 

income, including:

    (1) All employment income information known to current or previous 

employers or other income sources that HUD or the processing entity 

determines is necessary for purposes of determining an assistance 

applicant's or participant's eligibility for, or level of assistance in, 

a covered program;

    (2) All information about wages, as defined in the State's 

unemployment compensation law, including any Social Security Number; 

name of the employee; quarterly wages of the employee; and the name, 

full address, telephone number, and, when known, Employer Identification 

Number of an employer reporting wages under a State unemployment 

compensation law;

    (3) With respect to unemployment compensation:

    (i) Whether an individual is receiving, has received, or has applied 

for unemployment compensation;

    (ii) The amount of unemployment compensation the individual is 

receiving or is entitled to receive; and

    (iii) The period with respect to which the individual actually 

received such compensation;



[[Page 47]]



    (4) Unearned IRS income and self-employment, wages and retirement 

income as described in the Internal Revenue Code, 26 U.S.C. 6103(l)(7); 

and

    (5) Wage, social security (Title II), and supplemental security 

income (Title XVI) data obtained from the Social Security 

Administration.

    Individual owner applicant. Except as excluded pursuant to 42 U.S.C. 

3543(b), 3544(a)(2), or paragraph (2) of this definition, this term 

means:

    (1) An individual who seeks to participate as a private owner in any 

of:

    (i) The project-based assistance programs under Section 8 of the 

1937 Act; or

    (ii) The programs in 24 CFR parts 215, 221, 235 (without 

homeownership assistance), or 236, including where the individual seeks 

to assume an existing mortgage; or

    (2) An individual who:

    (i) Either: (A) Applies for a mortgage or loan insured or coinsured 

under any of the programs referred to in paragraph (1)(iii) of the 

definition of ``entity applicant'' in this section; or

    (B) Seeks to assume an existing mortgage or loan; and

    (ii) Intends to hold the mortgaged property in his or her individual 

right.

    IRS means the Internal Revenue Service.

    Owner means the person or entity (or employee of an owner) that 

leases an assisted dwelling unit to an eligible family and includes, 

when applicable, a mortgagee.

    Participant. Except as excluded pursuant to 42 U.S.C. 3543(b) and 

3544(a)(2), this term has the following meaning:

    (1) For any program under 24 CFR part 891, or Section 8 of the 1937 

Act: A family receiving rental assistance under the program;

    (2) For the public housing program: A family or individual that is 

assisted under the program;

    (3) For 24 CFR parts 215, 221, 236, and 290: A tenant or qualified 

tenant under any of the programs; and

    (4) For 24 CFR part 235: A homeowner or a cooperative member 

receiving homeownership assistance.

    Processing entity means the person or entity that, under any of the 

programs covered under this subpart B, is responsible for making 

eligibility and related determinations and an income reexamination. (In 

the Section 8 and public housing programs, the ``processing entity'' is 

the ``responsible entity'' as defined in Sec.  5.100.)

    Social Security Number (SSN) means the nine-digit number that is 

assigned to a person by the Social Security Administration and that 

identifies the record of the person's earnings reported to the Social 

Security Administration. The term does not include a number with a 

letter as a suffix that is used to identify an auxiliary beneficiary.

    SSA means the Social Security Administration.

    State Wage Information Collection Agency (SWICA) means the State 

agency, including any Indian tribal agency, receiving quarterly wage 

reports from employers in the State, or an alternative system that has 

been determined by the Secretary of Labor to be as effective and timely 

in providing employment-related income and eligibility information.



[61 FR 11113, Mar. 18, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 

65 FR 16715, Mar. 29, 2000]



  Disclosure and Verification of Social Security Numbers and Employer 

 Identification Numbers for Applicants and Participants in Certain HUD 

                                Programs