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Click here or scroll down to respond to this candidateTable of ContentsCHAPTER 5 5-1 ELIGIBILITY AND DENIAL OF ASSISTANCE 5-1 5.1 Chapter Overview 5-1 5.2 Eligibility Requirements 5-1 Definition of Family 5-1 Income Limits 5-2 Applying Income Limits 5-3 Citizenship Status 5-3 Other Required Information 5-Street Address 5.3 Annual Income 5-13 Overview 5-13 Definition of Annual Income 5-13 Elements of Annual Income 5-18 5.4 Determining Income from Assets 5-24 Additional Guidance On Calculating The Value Of Assets And Income From Assets. 5-26 5.5 Adjusted Income 5-28 Definition of Adjusted Income 5-28 Dependent Allowance 5-29 Elderly or Disabled Household Allowance 5-29 Child Care Allowance 5-29 Allowance for Disability Assistance Expense 5-30 Allowance for Medical Expenses 5-31 Special Calculation for Households Eligible for Disability Assistance and Medical Expenses 5-32 5.6 Verification of Factors Affecting Eligibility and Family Rent 5-34 5.7 Denial of Assistance 5-35 Crime by Family Members 5-37 PHA Discretion to Consider Circumstances 5-38 5.8 Screening 5-38 Screening by the PHA 5-40 5.9 Determination of Unit Size Requirements 5-41 5.10 Non-Discrimination and Equal Opportunity Requirements 5-42 Section 504 Requirements 5-44 Housing Choice Voucher Program Guidebook 5-1CHAPTER 5ELIGIBILITY AND DENIAL OF ASSISTANCE5.1 CHAPTER OVERVIEWThis chapter outlines HUD&#Street Address ;s requirements for participation in the housing choice voucher program and provides guidance to PHAs in establishing additional criteria. The PHA should strive for objectivity and consistency when applying these criteria to evaluate the eligibility of families who apply for assistance. PHAs must provide families applying for assistance the opportunity to explain their circumstances, furnish additional information if required, and receive an explanation from the PHA of the basis for any decision regarding their eligibility. 5.2 ELIGIBILITY REQUIREMENTSThere are four factors which affect eligibility: Family definition. Only applicants who meet a PHA's definition of family are eligible. Income limits. The household's annual income may not exceed the applicable income limit as established by HUD. Citizenship status. The applicant must meet the documentation requirements of citizenship or eligible immigration status. Eviction for drug-related criminal activity. Persons evicted from public housing or any Section 8 program for drug-related criminal activity are ineligible for assistance for at least three years from the date of the eviction.The PHA's administrative plan must contain procedures for determining eligibility and denial of assistance.Definition of FamilyProgram RequirementsEach applicant for assistance under the housing choice voucher program must meet the PHA's definition of family. Within guidelines provided by HUD, a PHA has discretion in its definition of what constitutes a family.A family is either a single person or a group of persons and includes: A household with or without children. A child who is temporarily away from home due to placement in foster care should be considered a member of the family. Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-2 An elderly family, which is defined as a family whose head, co-head, spouse, or sole member is at least 62 years of age; or two or more persons, each of whom are at least 62, living together; or one or more persons who are at least 62 living with one or more live-in aides. A disabled family, which means a family whose head, co-head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities; or one or more persons with disabilities with one or more live-in aides. A displaced family, which is a family in which each member or the sole member is a person displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized by federal disaster relief laws. A remaining member of a tenant family is a family member of an assisted tenant family who remains in the unit when other members of the family have left the unit. A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.PHA Discretionary Policies and ProceduresThe PHA is responsible for defining family in its administrative plan. A PHA must include the HUD guidelines listed above in its definition.Income LimitsHUD establishes income limits by family size for the area in which the PHA is located. The income limits are published annually in a HUD Notice and are generally effective on the date of publication. The income limits are available on the Internet at www.huduser.com at thedatasets portal.There are two income limits that are used to determine eligibility for the housing choice voucher program and a third that is used to ensure that the PHA has met its target for assisting the neediest families in the community.The very low-income limit, which is set at 50 percent of the area median income, is the income limit generally used to determine initial program eligibility. The low income-limit, set at 80 percent of the area median income, is used for families whose incomes fall above the very low-income limits but who are considered to be eligible for assistance because they are: Continuously assisted under the public housing or Section 8 programs; Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-3PHA DISCRETION INLOW-INCOME ELIGIBILITYOne example of a policy a PHA mightadopt to permit admission of low-incomefamilies is a policy aimed at reducing totalsubsidy cost. For instance: two sisterswant to live together. Individually theymeet the very low-income limit. Togetherthey exceed the very low income limit, butnot the low-income limit. It will becheaper to house them in a two-bedroomunit rather than in two one-bedroom units. Non-purchasing households in the following homeownership programs: HOPE 1, HOPE 2, or other HUD-assisted multifamily home ownership programs covered under 24 CFR 284.173; Displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract.A PHA may adopt local policies permitting theadmission of additional categories of low-incomefamilies to address essential local housing needs. HUD also publishes an extremely low-income limitthat is set at 30 percent of the area median income. Each PHA must ensure that 75 percent of itsadmissions in each PHA fiscal year are familieswhose incomes are at or below the extremely low-income limit. Rules pertaining to targetingassistance to extremely low-income families arediscussed under preferences in Chapter 4.Applying Income LimitsAnnual Income is compared to the applicable income limit to determine eligibility. A familys income must be within the income limits for the PHAs jurisdiction at the time the family receives a voucher to search for housing. In addition, the family, when it is first admitted, must select a unit in an area in which the family meets the income limit for the housing choice voucher program.A PHA with more than one set of income limits within its jurisdiction should use the highest income limit within its jurisdiction when determining initial household eligibility. However, a family whose income is above the limits in one or more areas of that PHAs jurisdiction may lease only in an area where the family is income eligible when it executes its first lease assisted under the voucher program. Similarly, a family exercising portability when first admitted to the program must lease in an area where it is within the eligibility income limit. Citizenship StatusLimits on Assistance to Non-CitizensEligibility for federal housing assistance is limited to U.S. citizens and applicants who have eligible immigration status. Eligible immigrants are persons who qualify for one of the immigrant categories in Table 5-1. Persons claiming eligible immigration status must present appropriate immigration documents, which must be verified by the PHA through the Immigration and Naturalization Service (INS).Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-4Every applicant household for (and participant in) the housing choice voucher program must sign a certification for every household member either claiming status as: A U.S. citizen, or An eligible alien, or Stating the individuals choice not to claim eligible status and acknowledge ineligibility. Declaration of U.S. CitizenshipFor household members claiming U.S. citizenship, only a declaration signed by the household member (or in the case of a minor child, parent) is required by regulation. However, PHAs are permitted to adopt policies requiring verification through presentation of one of the following: United States passport; Resident alien card; Registration card; Social Security card; Other appropriate documentation.If it is the PHAs policy to require verification of citizenship, the PHA administrative plan must clearly state this policy.Documentation of Eligible Immigration StatusNon-citizens claiming eligible immigration status must provide all of the following evidence: The signed declaration of eligible immigration status; One of the INS documents specified in the rule. (See Exhibit 5-1, Non-Citizen Rule Summary of Documentation Requirements.); A signed verification consent form describing transmission and use of the information obtained.Families in which all members are citizens or have eligible immigration status are eligible for full housing assistance.An applicant family without any citizens or members with eligible immigration status is not eligible for assistance.Non-citizen students are not eligible to receive housing assistance. When a non-citizen student is accompanied by a non-citizen spouse and/or minor children, those family members are also ineligible for assistance. However, citizen spouses and the children of the citizen spouse and non-citizen student are eligible for assistance. When a household includes eligible and ineligible Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-5members it is treated as a mixed family as described below. A non-citizen student is defined as a bona fide student who: Is pursuing a course of study in this country; Has a residence in another country outside of the United States that the person has no intention of abandoning; and Is admitted to this country temporarily, solely for the purpose of pursuing a course of study. Mixed FamiliesFamilies that include members who are citizens or have eligible immigration status and members who do not have eligible immigration status (or elect not to state that they have eligibility status) are referred to as mixed families.A mixed family is eligible for prorated assistance. Prorated assistance is a calculation of subsidy based on the number of members who are citizens or have eligible immigration status. CALCULATING PRORATED ASSISTANCEAssistance for mixed families is calculated based on the percentage of eligible individuals in the household. There are five steps in the calculation. Steps1. Determine the gross rent for the unit (rent toowner plus the utility allowance).2. Determine the HAP, taking intoconsideration the income of all familymembers, regardless of their eligibilitystatus.3. Divide the number of eligible familymembers (citizens and those with eligibleimmigration status) by the total number ofmembers in the household.4. Multiply the HAP calculated in Step 2 bythe number calculated in Step 3 to determinethe familys eligible subsidy portion.5. The amount of rent the family will pay willbe the gross rent for the unit (step 1) less theprorated HAP calculated in Step 4.Example1. Rent to owner $500Utility allowance + $50Gross rent $5502. HAP = $3003. 3 eligible family members4 total family members.75 proration factor4. Prorated HAP = $300 x .75 = $2255. Prorated Family Share$550 Gross rent-$225 Prorated HAP$325 Prorated Family ShareChapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-6Notification RequirementsAt the time an application is filed, the PHA must notify all applicants for assistance about the rule restricting assistance based on citizenship status and of the requirement to submit documentation of eligible status or to elect not to claim eligible status. The PHA's notice must state the following: Financial assistance is contingent upon the appropriate submission and verification of documentation of citizenship or eligible immigration status. The types of documentation required and time period for submission. (See Exhibit 5-1.) As appropriate, assistance will be prorated, denied, or terminated, based on a final determination of ineligibility after all appeals and, if requested, an informal hearing. Submission of DocumentationDocumentation must be submitted by the time of the eligibility determination. Once documents have been submitted and verified for an individual, citizenship documentation for that individual will not need to be collected again.If the family certifies that the required evidence is temporarily unavailable and it needs more time, the PHA may provide an extension of up to 30 days to submit evidence of eligible status, if the family has submitted the required declaration of eligible immigration status. To obtain an extension, the family must also certify that prompt and diligent efforts will be undertaken to obtain the evidence.The PHA must inform the family, in writing, whether its request for a time extension of has been granted or denied. If granted, the notice must state the specific period of the extension. If the extension request is denied, the notice must explain the reasons for the denial. If all required documents have been provided by the family, assistance may not be denied or delayed solely because verification or requested hearings have not been completed. If required documents have not been submitted by all family members, only prorated assistance may be provided until the required documents have been submitted by all family members. New family members in currently participating households must submit documentation at the first interim or annual reexamination following occupancy. If a PHA suspects that an applicant or tenant has misreported his or her immigration status or altered or forged documents, it may refer the case to HUDs Office of Inspector General for investigation.Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-7PHAs must apply all procedures in a uniform manner. No applicant or resident may be asked for additional information based on country of origin, speech, accent, language, or any other personal characteristic of the applicant or family member. Failure to maintain this performance standard could be a serious violation of the Fair Housing Act. Verification of Eligible Immigration StatusThe PHA must conduct primary verification of eligible immigration status through the INS automated system, Systematic Alien Verification for Entitlements (SAVE). The PHA must take the following steps to access SAVE: Complete and submit a Primary Verification User Access Code Agreement form before using SAVE for the first time. Each time, access the SAVE system by calling PHONE NUMBER AVAILABLE Use the assigned access code to enter the required information. One of the following messages will be received:- INS Status confirmed; or- Institute Secondary Verification. If the message is Institute Secondary Verification, the PHA must request a manual records search by completing form G-845S, Document Verification Request. This form must be sent to the INS along with photocopies of the original INS documents supplied by the applicant or currently assisted household member within 10 days of receiving the Institute Secondary Verification message. The PHA is not liable for any action, delay, or failure of the INS in conducting the automated or manual verification.Delay, Denial, or Termination of AssistanceThe PHA may not delay, deny, or terminate assistance to an applicant or currently assisted household if any of the following circumstances apply: At least one person in the household has submitted appropriate INS documents; The documents were submitted to the INS on a timely basis, but the verification process has not been completed; The family member in question moves; The INS appeals process has not been completed;Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-8 Assistance is prorated; Deferral of termination of assistance is granted; or For a program participant, the informal hearing process is not complete. The PHA must terminate assistance for at least 24 months if it determines that a family has knowingly permitted an ineligible person to live in the assisted unit without informing the PHA. Assistance may be denied or terminated when: Declaration of citizenship or eligible immigration status is not submitted by the specified deadline or any extension; Required documentation is submitted but INS primary and secondary verification does not verify immigration status and family does not pursue INS or PHA appeal; or Required documentation is submitted but INS primary and secondary verification does not verify immigration status, and INS or PHA appeal is pursued but decision(s) are rendered against the family.When the PHA decides to deny or terminate assistance, it must send a written notice to the household which includes the following: A statement that financial assistance will be denied or terminated and an explanation of why; Notification that the family may be eligible for prorated assistance if it is a mixed family; In the case of a currently assisted household, the procedures for obtaining relief under the preservation of families provision (e.g. temporary deferral or proration of assistance); The right to appeal the results of the secondary verification to the INS; and The right to request an informal hearing from the PHA in lieu of an INS appeal or after an appeal.In the case of applicants, the notice may advise that assistance may not be delayed until the conclusion of the INS appeal process, but may be delayed during the informal hearing process. Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-9EXHIBIT 5-1NON-CITIZEN RULE SUMMARY OF DOCUMENTATION REQUIREMENTS STATUS DOCUMENTATIONI A Citizen or National of the United States. DECLARATION: For each family member with this status, a declaration of citizenship signed under penalty of prejury. For each adult, the declaration must be signed by the adult. For each child, the declaration must be signed by an adult residing in the assisted dwelling unit who is responsible for the child.II. A non-citizen claiming eligible immigrationstatus who is 62 years of age or will be 62 yearsof age and receiving assistance on the effectivedate: 9/6/96.DECLARATION: For each family member with this status, a declaration of eligible immigration status signed under penalty of prejury. Adults must sign their own declarations. AND: Proof of ageIII. All other non-citizens claiming eligibleimmigration status.Categories of eligible immigration status:1. A non-citizen lawfully admitted for permanentresidence as an immigrant (includes specialagricultural workers granted lawful temporaryresident status).2. A non-citizen who entered the United Statesbefore 1/1/72 (or such later date as enacted bylaw); and- Has continuously maintained residence inthe U.S. since then; and- Who is not ineligible for citizenship, butwho is deemed to be lawfully admitted forpermanent residence as a result of anexercies of discretion by the AttorneyGeneral.DECLARATION: See II above AND:A verification form: For each adult, the adult must sign the form. For each child, an adult member of the family residing in the unit who is responsible for the child must sign the form. The verification form must state that evidence of eligible immigration status may be released by the PHA to HUD and the INS without responsibility for the future use or transmission of the evidence by the recipient. The form must also notify the signer of the possible release of evidence of eligible immigration status by HUD. Such evidence shall only be released by HUD to the INS for the purpose of establishing eligibility for financial assistance.AND:INS Primary Verification of eligible immigration status must be conducted by the PHA through the INS automated SAVE system. If this method fails to verify status, or, if the verification received indicates ineligible immigration status, the PHA must request Secondary INS Verification within 10 days by sending to the local INS Office photocopies of INS documents receiving (front and back) attached to Form G-845S Document Verification Request.AND:The PHA must request and review an original INS document of eligible immigration status and must retain photocopies and return the original to the individual. Housing Choice Voucher Program Guidebook 5-10Chapter 5: Eligibility and Denial of AssistanceEXHIBIT 5-1NON-CITIZEN RULE SUMMARY OF DOCUMENTATION REQUIREMENTS STATUS DOCUMENTATIONIII. All other Non-citizens with eligibleimmigration status (continued)3. A non-citizen who is lawfully present in theUnited States as a result of:- Refugee status (section 207); or- The granting of asylum (which has notbeen terminated (section 208); or- The granting of conditional entry(section 203 (a)(7) prior to 4/1/80 becauseof persecution of fear on account of race,religion, or political opinion, or because ofbeing uprooted by catastrophic nationalcalamity.4. A non-citizen who is lawfully present in theUnited States as a result of an exercise ofdiscretion by the Attorney General foremergency reasons or reasons deemed strictlyin the public interest (section 221(d)(5)) (e.g.,parole status).5. A non-citizen who is lawfully present in theUnited States as a result of the AttorneyGeneral'swithholding deportation (section 243(h)) (threat to life or freedom).6. A non-citizen lawfully admitted for temporaryor permanent residence (245A) (amnestygranted).Acceptable INS Document: Form I-551 Alien Registration Receipt Card (for permanent resident aliens) Form I-94 Arrival-Departure Record annotated with one of the following:- Admitted as a Refugee Pursuant to Section 207- Section 208 or Asylum- Section 243(h) or Deportation stayed by Attorney General- Paroled Pursuant to Section 221 (d)(5) of the INS Form I-94 Arrival-Departure Record with no annotation accompanied by:- A final court decision granting asylum (but only if no appeal is taken);- A letter from an INS asylum officer granting asylum (if application is filed on or after 10/1/90) or from an INS district director granting asylum (application filed before 10/1/90);- A court decision granting withholding of deportation; or- A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90). Form I-688 Temporary Resident Card annotated Section 245A or Section 210. Form I-688B Employment Authorization Card annotate Provision of Law 274a. 12(11) orProvision of Law 274a.12. A receipt issued by the INS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicants entitilement to the document has been verified; or Other acceptable evidence. If other documents are determined by the INS to constitute acceptable evidence of eligible immigration status, they will be announced by notice published in the Federal Register.Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-11INS Appeals ProcessThe PHA must notify the family in writing if the secondary verification process does not confirm eligible immigration status. The notice must indicate whether assistance has been delayed, denied, or terminated and inform the family of the right to file an appeal with the INS. If the family wants to exercise its right of appeal with the INS, it must take the following steps: Within 30 days from the date of the PHA notification, submit a written request, for an appeal with the INS. Include with this request a cover letter and any support documentation as well as a copy of the verification request form (Form G-845S) which was submitted by the PHA for the secondary verification request. Provide the PHA with a copy of the request for an appeal with the INS. Provide any additional documentation that the INS may request. Within 30 days the INS must render its decision to the family and forward a copy to the PHA. Fair Housing RequirementsCareless implementation of the rule limiting assistance to non-citizens may result in inadvertent discrimination.PHAs must take care to comply with all applicable civil rights and other fair housing laws and regulations. The Fair Housing Act prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions. Such protected classes do not exclude persons who have or are perceived to have HIV/AIDS. Failure to follow all required procedures or to apply program requirements consistently by protected class may result in discrimination and lead to administrative findings or legal action.In implementing limits on assistance to non-citizens, PHAs must comply also with Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of any handicap or perceived handicap.Where feasible, if applicants and participants are not proficient in English, PHAs are instructed to provide notices and documents related to these provisions in a language the individual understands.Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-12Other Required InformationParticipation in the housing choice voucher program places an obligation on the family to provide information required by HUD and the PHA when requested, and to cooperate in efforts to verify the information provided. Disclosure of Social Security numbers and signatures on HUDs release authorization form are minimum program requirements. Disclosure of Social Security NumbersThe PHA must require applicants and program participants to disclose the Social Security numbers (SSN) of all family members age six or older as a condition of admission and continued assistance. Persons who have not been assigned a SSN must execute a certification stating that no SSN has been assigned. This process need occur only one time for each family member. New family members age six or older should be required to disclose or certify at the time the change in family composition is reported to the PHA or the next annual recitification after a family member reaches age six. A parent or guardian must provide the certification for a minor. The PHA must document the SSN disclosed by each family member. If the family member cannot produce an original Social Security card issued by the Social Security Administration, the PHA may accept one of the following as verification if it includes the SSN: A driver's license with SSN. Identification card issued by a federal, state, or local agency. Identification card issued by a medical insurance company or provider (including Medicare and Medicaid). Identification card issued by an employer or trade union. Earnings statements on payroll stubs. Bank statements. IRS Form 1099. Benefit award letters from government agencies. Retirement benefit letter. Life insurance policies. Court records (real estate, tax notices, marriage and divorce, judgment, or bankruptcy records).Chapter 5: Eligibility and Denial of AssistanceHousing Choice Voucher Program Guidebook 5-13If applicants cannot produce an original Social Security card, they must certify that the document provided is complete and accurate.Authorization for the Release of Information/Privacy Act The PHA must require all adult applicants and participants (age 18 and over) to sign the Authorization for Release of Information/Privacy Act Notice (form HUD-9886) as a condition for admission and continued assistance. The form is valid for only 15 months and must be signed annually at each reexamination.With each adult member of the household, the PHA should review the information that the form authorizes HUD and the PHA to collect. Once signed, the form provides authorization for the following: HUD and the PHA to obtain any information necessary from State Wage Information and Collection Agencies (SWICAs) to verify information provided at the time of application or recertification. HUD and the PHA to verify income information with previous and current employers that is pertinent to eligibility or level of assistance. HUD to request income tax return information from the IRS and Social Security Administration (SSA) to verify income related to eligibility or level of assistance. The Privacy Act portion of the form informs applicants and participants that the information that is collected may be used for computer matching with other agencies including |
