Affordable Housing Update

Federal Register, "After careful consideration of issues raised by commenters, HUD has decided to make, three minor technical changes to the October 15, 2009 proposed rule to clarify scope of the provision governing termination of assistance, and the scope of the Social Security number (SSN) disclosure requirements applicable to new household members under the age of 6 and current participants 62 years of age or older."

What does this mean?

Participants 62 years of age or older are exempt from having to disclose a SSN and its applicable only to participants who are 62 years or older on January 31, 2010 and are participants prior to January 31, 2010. Also exempt are participants, regardless of age, who have previously disclosed a valid SSN and have not been issued a new SSN.

The proposed rule would also permit compliance with the SSN disclosure requirements through submission of a valid SSN card issued by the Social Security Administration or an original document issued by a Federal or State government agency that provides the SSN of the individual along with other identifying information.

Federal Register, "The proposed rule would also provide processing entities with additional flexibility to determine the timing for disclosure of a newly assigned SSN and to defer the termination of a participant who fails to comply with SSN disclosure requirement due to unforeseen circumstances the control of the household."

The October 15, 2009 proposed rule further clarifies that new household members under the age of 6 who already have a SSN are subject to the same disclosure and verification requirements as new household members who are at least 6 years of age. The final rule also clarifies that, subject to the exemptions allowed, an entire household may lose its tenancy if one member of the household does not comply with the SSN disclosure requirements.

Timing:

New members over the age of 6 years of households already receiving housing assistance. The final rule at § 5.216(e)(2)(i), provides that the new household member must disclose a SSN upon the request of the processing entity, and no later than the time of processing of the interim reexamination or recertification of family composition that includes the new member.

New members under the age of 6 years of households already receiving housing assistance. HUD's rules provides that the 90-day period for the disclosure of a SSN applies solely to new household members under the age of 6 who do not already have a SSN (see § 5.216(e)(2)(ii)(A)). New household members under the age of 6 who have a SSN are subject to the same disclosure requirements as new household members at least 6 years of age and must disclose the SSN upon the earlier of: (1) the request of the processing entity; or (2) the interim reexamination or recertification of family composition that includes the new member.

HUD has also taken the opportunity afforded by this final rule to clarify that a participant who qualifies for the senior exemption to the SSN disclosure requirements is exempt from the SSN requirements for all future income examinations, even if the senior moves to a new HUD-assisted property. This will need to be included in Tenant Selection Polices.

Not sure if this was a recent change, however this is a requirement. Live-in aides and foster children are subject to the SSN requirements.

Important, the status of individuals who do not contend eligible immigration status and are an exception from the SSN disclosure requirement:

The exception applies solely to individuals who do not contend legal immigration status (that is, the legal immigration status required by the Housing and Community Development Act of 1980, U.S.C. 1436a) ²), and therefore are ineligible for HUD housing assistance. Individuals who do not contend legal immigration status may include persons lawfully residing in the U.S.; for example, persons for whom entry was provided on student or work visas, but who do not meet the legal residency categories of the Housing and Community Development Act of 1980. Individuals who do not contend legal immigration status for HUD subsidized housing may reside in HUD subsidized housing only as members of a family who contend and are confirmed to be U.S. citizens or have legal immigration status required by the Housing and Community Development Act of 1980.