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Slide 2 Slide #1 Annie Stevenson Factors of Eligibility Copyright 2008 Nan McKay & Associates Slide 3 Slide #2 Welcome to Lunch N Learn! Upcoming topics for the occupancy series: 8/15/08: EIV 9/4/08: PH Denials and Terminations 9/5/08: HCV Reasonable Accommodation Copyright 2008 Nan McKay & Associates Slide 4 Slide #3 Welcome to Lunch N Learn! Todays topic: Factors of Eligibility for HCV & PH Family types Social security numbers Noncitizen requirements Income limits Additional factors Copyright 2008 Nan McKay & Associates Slide 5 Slide #4 Family Types Copyright 2008 Nan McKay & Associates Slide 6 Slide #5 Definition of Family HUD defines: Elderly family Disabled family Displaced family Used for purposes of allowances/deductions (and singles preference if PHA has one) Copyright 2008 Nan McKay & Associates Slide 7 Slide #6 Definition of Family The PHA defines what groups other than the HUD-defined groups constitute a family Copyright 2008 Nan McKay & Associates Slide 8 Slide #7 Definition of Family Where are the policies defining family? PH: Admissions & Continued Occupancy Policies (ACOP) HCV: Administrative Plan Copyright 2008 Nan McKay & Associates Slide 9 Slide #8 Definition of Family Example of family definition: A group of individuals who plan to live together and share expenses Any group could qualify Copyright 2008 Nan McKay & Associates Slide 10 Slide #9 Definition of Family Other examples: Related by blood, marriage, operation of law Demonstrate stable relationship Income & resources available to meet familys needs Copyright 2008 Nan McKay & Associates Slide 11 Slide #10 Co-Head Equally responsible for lease with head of household Must be legally able to sign a lease May have a spouse or co- head But not both Copyright 2008 Nan McKay & Associates Slide 12 Slide #11 Elderly Family Family whose head, spouse, co-head or sole member is at least 62 years of age Two or more persons at least 62 years of age living together Copyright 2008 Nan McKay & Associates Slide 13 Slide #12 Disabled Family Family whose head, spouse, co-head or sole member is a person with disabilities 2-2 Two or more persons with disabilities living together Copyright 2008 Nan McKay & Associates Slide 14 Slide #13 Displaced Family Family in which each member is person displaced by governmental action Person whose dwelling has been damaged or destroyed by a disaster formally recognized with regard to Federal disaster relief laws Copyright 2008 Nan McKay & Associates Slide 15 Slide #14 Single Persons Family of 1: Single Eligible if they meet criteria May be: Elderly person Displaced person Disabled person Homeless person Any other single, or remaining member Copyright 2008 Nan McKay & Associates Slide 16 Slide #15 Live-In Aide Copyright 2008 Nan McKay & Associates Slide 17 Slide #16 Household Definition The family and a PHA- approved live-in aide Copyright 2008 Nan McKay & Associates Slide 18 Slide #17 Live-In Aide Person who resides in unit to care for family member who is: Disabled, or Near-elderly (50-61), or Elderly (62 or older) Copyright 2008 Nan McKay & Associates Slide 19 Slide #18 Live-In Aide Criteria Live-in aide is: Essential to care/well being of person Not obligated for support of person Wouldnt be living in unit except to provide necessary supportive services Copyright 2008 Nan McKay & Associates Slide 20 Slide #19 Live-In Aide Criteria If needed, must approve as reasonable accommodation for person with disability Relatives not excluded Family of live-in aide permitted: Cant overcrowd unit, or Result in need for additional subsidy Copyright 2008 Nan McKay & Associates Slide 21 Slide #20 Live-In Aide Approval PHA policy may allow PHA to refuse or withdraw approval if individual committed: Fraud, bribery or corrupt/criminal act in conjunction with federal housing program Drug-related or violent criminal activity May also refuse if owes money to PHA for PH or S8 Copyright 2008 Nan McKay & Associates Slide 22 Slide #21 Foster Children or Foster Adults PHA policy states when families may have foster children or foster adults Cannot result in overcrowding Counted in subsidy standards Do not qualify for allowances except child care Copyright 2008 Nan McKay & Associates Slide 23 Slide #22 Child Custody PHA policy should determine whether to count a child as part of the family when: Family member does not have full custody of child Child lives only part time with family Same child should not be claimed by more than one family Copyright 2008 Nan McKay & Associates Slide 24 Slide #23 Copyright 2008 Nan McKay & Associates Slide 25 Slide #24 Social Security Number Requirements All family members age six and over who have social security numbers are required to disclose them Copyright 2008 Nan McKay & Associates Slide 26 Slide #25 Social Security Numbers If family member has no social security number and they are age 6 or older, they must sign certification: Name Not issued SSN Will disclose later if SSN obtained Signed and dated Copyright 2008 Nan McKay & Associates Slide 27 Slide #26 Verification of SSNs Generally PHAs verify SSNs by viewing the individuals SS card If card is not available, PHA may verify with: Letter from Social Security Administration Drivers license Military identification Other official documents Copyright 2008 Nan McKay & Associates Slide 28 Slide #27 Social Security Number Requirements If family member has SSN but cannot verify, they sign certification Individual has 60 days from date of certification to verify SSN Elderly may be granted 60 day extension Copyright 2008 Nan McKay & Associates Slide 29 Slide #28 Failure to Disclose Social Security Number Applicants Denial of assistance Participants Termination of assistance Copyright 2008 Nan McKay & Associates Slide 30 Slide #29 QUIZ 1. HUD regulations require that all individuals provide an SSN. 2. HUD regulations require that all individuals 6 years and older provide an SSN. 3. HUD regulations require that verification be provided for the SSNs of all individuals 6 years and older who have one. Copyright 2008 Nan McKay & Associates Slide 31 Slide #30 Restriction on Assistance to Noncitizens Purpose is to ensure that only citizens, nationals and eligible immigrants are assisted with HUD subsidy Copyright 2008 Nan McKay & Associates Slide 32 Slide #31 Rules for Admission At least one individual must be established and verified as eligible before family is admitted PHA may elect to provide assistance before verification of at least 1 individual Copyright 2008 Nan McKay & Associates Slide 33 Slide #32 Notification Requirements All families must be notified of the requirement to submit evidence of their citizenship status when they apply Where feasible, the notice must be in a language that is understood by LEP individuals Copyright 2008 Nan McKay & Associates Slide 34 Slide #33 Eligibility for Assistance The eligibility of each individual in the family must be established Individuals will fall into one of these categories: Citizens Eligible immigrants 62 or older Other eligible immigrants Ineligibles, including noncitizen students on student visas Copyright 2008 Nan McKay & Associates Slide 35 Slide #34 Eligibility for Assistance Providing housing assistance to noncitizen students is prohibited Including noncitizen spouse and noncitizen minor children Does not extend to citizen spouse or children of citizen spouse and noncitizen student Copyright 2008 Nan McKay & Associates Slide 36 Slide #35 Public Law 106-504 Legal residents of the U.S. who are citizens of the Marshall Islands, the Federated States of Micronesia, & Palau are eligible applicants for federal housing assistance PIH 2001-27 offers guidance Copyright 2008 Nan McKay & Associates Slide 37 Slide #36 Families will fall into one of these categories Eligible Family: Everyone eligible Full subsidy Ineligible Family: No one eligible Denied or terminated Mixed Family: Eligible and ineligible members Prorated assistance Copyright 2008 Nan McKay & Associates Slide 38 Slide #37 Sample Immigration Forms Declaration 214 Verification Consent Form List of Non-Contending family members Download LNL reference Copyright 2008 Nan McKay & Associates Slide 39 Slide #38 Noncitizen Restrictions Verification requirements Citizenship: signed declaration Eligible immigrants 62+: signed declaration and proof of age Ineligible or noncontending: listing of noncontending family members Copyright 2008 Nan McKay & Associates Slide 40 Slide #39 Verification... PHA may require verification of citizenship or national status Must be in Admin Plan/ACOP Copyright 2008 Nan McKay & Associates Slide 41 Slide #40 Eligible Immigrants Under 62 Verification requirements: Individual provides: Signed declaration USCIS card/document Signed verification consent form PHA verifies status using SAVE Programs Automated Status Verification System http://uscis.gov/graphics/services.save.htm Copyright 2008 Nan McKay & Associates Slide 42 Slide #41 Timeframe for Submission Applicants: Documents presented at final eligibility stage PHA policy may allow admission if one person determined eligible New occupants: First interim or regular reexam after occupancy Copyright 2008 Nan McKay & Associates Slide 43 Slide #42 Procedures after Verification of Family Status Eligible families are admitted with full subsidy Mixed families eligible for prorated assistance Ineligible families denied assistance Copyright 2008 Nan McKay & Associates Slide 44 Slide #43 Termination for Allowing Ineligible Individuals to Live in Unit Terminate assistance for 24 months to family that permits ineligible individual to reside in unit Doesnt apply to prorated individuals Copyright 2008 Nan McKay & Associates Slide 45 Slide #44 Calculation of Prorated Assistance: HCV Example: Assume 4 out of 5 family members are eligible Normal Total HAP $400 Number eligible family members 4 Total family members 5 Proration percentage (4 divided by 5)80% Prorated Total HAP (80% x $400) $320 Copyright 2008 Nan McKay & Associates Slide 46 Slide #45 Proration of Assistance: PH Must use PHAs maximum rent schedule to determine prorated TTP Download LnL reference DO NOT use ceiling rent in lieu of TTP Special rules for mixed families requesting flat rent see 50058 Instruction Booklet, Appendix 3 Copyright 2008 Nan McKay & Associates Slide 47 Slide #46 Copyright 2008 Nan McKay & Associates Slide 48 Slide #47 Income Limits HUD establishes income limits annually for PHA area: Low income is 80% of area median Very low income is 50% of area median Extremely low income is 30% of area median Copyright 2008 Nan McKay & Associates Slide 49 Slide #48 Chart of Income Limits Low Income 80% of median Very Low Income 50% of median Extremely Low Income limit 30% of median Income Targeting Copyright 2008 Nan McKay & Associates Slide 50 Slide #49 Income Limits Annual income limit is applied only at admission Applicants subject to income limits of PHA jurisdiction There is no family minimum income restriction Copyright 2008 Nan McKay & Associates Slide 51 Slide #50 Income Limits HUDs income limits for current and prior years can be found at: - http://www.huduser.org/datasets/il.html Copyright 2008 Nan McKay & Associates Slide 52 Slide #51 Income Limits: Public Housing No family other than a low-income family is eligible for admission to PH PHAs must use HUD income limits Copyright 2008 Nan McKay & Associates Slide 53 Slide #52 Income Limits: HCV PHA may set income limit at 80% of median income if in admin plan PHA specified criteria May specify as THE income limit used If the PHA doesnt specify, families must meet the very low income limit to qualify Copyright 2008 Nan McKay & Associates Slide 54 Slide #53 Income Limits: HCV Special category families for low income limit Specified in regulations Example: displaced by prepayment of mortgage (preservation) Copyright 2008 Nan McKay & Associates Slide 55 Slide #54 Income Limits: HCV Families from other programs treated as new admissions (e.g. PH to HCV) but use the low income limit (80%) Copyright 2008 Nan McKay & Associates Slide 56 Slide #55 Additional Eligibility Factors Family must pass PHAs criminal background check PH only: must meet PHAs criteria for suitability Copyright 2008 Nan McKay & Associates Slide 57 Slide #56 NMA Lunch n Learn Seminar NEXT TOPIC Copyright 2008 Nan McKay & Associates Slide 58 Slide #57 NMA Lunch n Learn Seminar Copyright 2008 Nan McKay & Associates