[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: 24CFR5.216]



[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



[[Page 48]]



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)