[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: 24CFR5.508]



[Page 66-68]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents

 

           Subpart E_Restrictions on Assistance to Noncitizens

 

Sec.  5.508  Submission of evidence of citizenship or eligible 

immigration status.



    (a) General. Eligibility for assistance or continued assistance 

under a Section 214 covered program is contingent upon a family's 

submission to the responsible entity of the documents described in 

paragraph (b) of this section for each family member. If one or more 

family members do not have citizenship or eligible immigration status, 

the family members may exercise the election not to contend to have 

eligible immigration status as provided in paragraph (e) of this 

section, and the provisions of Sec. Sec.  5.516 and 5.518 shall apply.

    (b) Evidence of citizenship or eligible immigration status. Each 

family member, regardless of age, must submit the following evidence to 

the responsible entity.

    (1) For U.S. citizens or U.S. nationals, the evidence consists of a 

signed declaration of U.S. citizenship or U.S. nationality. The 

responsible entity may request verification of the declaration by 

requiring presentation of a United States passport or other appropriate 

documentation, as specified in HUD guidance.

    (2) For noncitizens who are 62 years of age or older or who will be 

62 years of age or older and receiving assistance under a Section 214 

covered program on September 30, 1996 or applying for assistance on or 

after that date, the evidence consists of:

    (i) A signed declaration of eligible immigration status; and

    (ii) Proof of age document.

    (3) For all other noncitizens, the evidence consists of:

    (i) A signed declaration of eligible immigration status;

    (ii) One of the INS documents referred to in Sec.  5.510; and

    (iii) A signed verification consent form.

    (c) Declaration. (1) For each family member who contends that he or 

she is a U.S. citizen or a noncitizen with eligible immigration status, 

the family must submit to the responsible entity a written declaration, 

signed under penalty of perjury, by which the family member declares 

whether he or she is a U.S. citizen or a noncitizen with eligible 

immigration status.

    (i) For each adult, the declaration must be signed by the adult.

    (ii) For each child, the declaration must be signed by an adult 

residing in the assisted dwelling unit who is responsible for the child.

    (2) For Housing covered programs: The written declaration may be 

incorporated as part of the application for housing assistance or may 

constitute a separate document.

    (d) Verification consent form--(1) Who signs. Each noncitizen who 

declares eligible immigration status (except certain noncitizens who are 

62 years of age or older as described in paragraph (b)(2) of this 

section) must sign a verification consent form as follows.

    (i) For each adult, the form must be signed by the adult.

    (ii) For each child, the form must be signed by an adult residing in 

the assisted dwelling unit who is responsible for the child.

    (2) Notice of release of evidence by responsible entity. The 

verification consent form shall provide that evidence of eligible 

immigration status may be released by the responsible entity without 

responsibility for the further use or transmission of the evidence by 

the entity receiving it, to:

    (i) HUD, as required by HUD; and

    (ii) The INS for purposes of verification of the immigration status 

of the individual.

    (3) Notice of release of evidence by HUD. The verification consent 

form also shall notify the individual of the possible release of 

evidence of eligible immigration status by HUD. Evidence of eligible 

immigration status shall only be released to the INS for purposes of 

establishing eligibility for financial assistance and not for any other 

purpose. HUD is not responsible for the further use or transmission of 

the evidence or other information by the INS.



[[Page 67]]



    (e) Individuals who do not contend that they have eligible status. 

If one or more members of a family elect not to contend that they have 

eligible immigration status, and other members of the family establish 

their citizenship or eligible immigration status, the family may be 

eligible for assistance under Sec. Sec.  5.516 and 5.518, or Sec.  

5.520, despite the fact that no declaration or documentation of eligible 

status is submitted for one or more members of the family. The family, 

however, must identify in writing to the responsible entity, the family 

member (or members) who will elect not to contend that he or she has 

eligible immigration status.

    (f) Notification of requirements of Section 214--(1) When notice is 

to be issued. Notification of the requirement to submit evidence of 

citizenship or eligible immigration status, as required by this section, 

or to elect not to contend that one has eligible status as provided by 

paragraph (e) of this section, shall be given by the responsible entity 

as follows:

    (i) Applicant's notice. The notification described in paragraph 

(f)(1) of this section shall be given to each applicant at the time of 

application for assistance. Applicants whose applications are pending on 

June 19, 1995, shall be notified of the requirement to submit evidence 

of eligible status as soon as possible after June 19, 1995.

    (ii) Notice to tenants. The notification described in paragraph 

(f)(1) of this section shall be given to each tenant at the time of, and 

together with, the responsible entity's notice of regular reexamination 

of income, but not later than one year following June 19, 1995.

    (iii) Timing of mortgagor's notice. A mortgagor receiving Section 

235 assistance must be provided the notification described in paragraph 

(f)(1) of this section and any additional requirements imposed under the 

Section 235 Program.

    (2) Form and content of notice. The notice shall:

    (i) State that financial assistance is contingent upon the 

submission and verification, as appropriate, of evidence of citizenship 

or eligible immigration status as required by paragraph (a) of this 

section;

    (ii) Describe the type of evidence that must be submitted, and state 

the time period in which that evidence must be submitted (see paragraph 

(g) of this section concerning when evidence must be submitted); and

    (iii) State that assistance will be prorated, denied or terminated, 

as appropriate, upon a final determination of ineligibility after all 

appeals have been exhausted (see Sec.  5.514 concerning INS appeal, and 

informal hearing process) or, if appeals are not pursued, at a time to 

be specified in accordance with HUD requirements. Tenants also shall be 

informed of how to obtain assistance under the preservation of families 

provisions of Sec. Sec.  5.516 and 5.518.

    (g) When evidence of eligible status is required to be submitted. 

The responsible entity shall require evidence of eligible status to be 

submitted at the times specified in paragraph (g) of this section, 

subject to any extension granted in accordance with paragraph (h) of 

this section.

    (1) Applicants. For applicants, responsible entities must ensure 

that evidence of eligible status is submitted not later than the date 

the responsible entity anticipates or has knowledge that verification of 

other aspects of eligibility for assistance will occur (see Sec.  

5.512(a)).

    (2) Tenants. For tenants, evidence of eligible status is required to 

be submitted as follows:

    (i) For financial assistance under a Section 214 covered program, 

with the exception of Section 235 assistance payments, the required 

evidence shall be submitted at the first regular reexamination after 

June 19, 1995, in accordance with program requirements.

    (ii) For financial assistance in the form of Section 235 assistance 

payments, the mortgagor shall submit the required evidence in accordance 

with requirements imposed under the Section 235 Program.

    (3) New occupants of assisted units. For any new occupant of an 

assisted unit (e.g., a new family member comes to reside in the assisted 

unit), the required evidence shall be submitted at the first interim or 

regular reexamination following the person's occupancy.

    (4) Changing participation in a HUD program. Whenever a family 

applies for



[[Page 68]]



admission to a Section 214 covered program, evidence of eligible status 

is required to be submitted in accordance with the requirements of this 

subpart unless the family already has submitted the evidence to the 

responsible entity for a Section 214 covered program.

    (5) One-time evidence requirement for continuous occupancy. For each 

family member, the family is required to submit evidence of eligible 

status only one time during continuously assisted occupancy under any 

Section 214 covered program.

    (h) Extensions of time to submit evidence of eligible status--(1) 

When extension must be granted. The responsible entity shall extend the 

time, provided in paragraph (g) of this section, to submit evidence of 

eligible immigration status if the family member:

    (i) Submits the declaration required under Sec.  5.508(a) certifying 

that any person for whom required evidence has not been submitted is a 

noncitizen with eligible immigration status; and

    (ii) Certifies that the evidence needed to support a claim of 

eligible immigration status is temporarily unavailable, additional time 

is needed to obtain and submit the evidence, and prompt and diligent 

efforts will be undertaken to obtain the evidence.

    (2) Thirty-day extension period. Any extension of time, if granted, 

shall not exceed thirty (30) days. The additional time provided should 

be sufficient to allow the individual the time to obtain the evidence 

needed. The responsible entity's determination of the length of the 

extension needed shall be based on the circumstances of the individual 

case.

    (3) Grant or denial of extension to be in writing. The responsible 

entity's decision to grant or deny an extension as provided in paragraph 

(h)(1) of this section shall be issued to the family by written notice. 

If the extension is granted, the notice shall specify the extension 

period granted (which shall not exceed thirty (30) days). If the 

extension is denied, the notice shall explain the reasons for denial of 

the extension.

    (i) Failure to submit evidence or to establish eligible status. If 

the family fails to submit required evidence of eligible immigration 

status within the time period specified in the notice, or any extension 

granted in accordance with paragraph (h) of this section, or if the 

evidence is timely submitted but fails to establish eligible immigration 

status, the responsible entity shall proceed to deny, prorate or 

terminate assistance, or provide continued assistance or temporary 

deferral of termination of assistance, as appropriate, in accordance 

with the provisions of Sec. Sec.  5.514, 5.516, and 5.518.

    (ii) [Reserved]



[61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60538, Nov. 29, 1996; 

64 FR 25731, May 12, 1999]