On December 29, 2009 the Refinement of Income and Rent Determination Requirements Final Rule was published in the Federal Register (http://edocket.access.gpo.gov/2009/pdf/E9-30720.pdf).  However, HUD Notice H 10-08 was issued April 13, 2010 and provided new requirements regarding the Implementation of Refinement of Income and Rent Determination Requirements.  According to the new requirements found in HUD Notice H 10-08, the Final Rule became effective January 31, 2010 and included the following two changes:

1. Mandated use of HUD’s Enterprise Income Verification (EIV) System – The EIV system must be used in its entirety as a third party source to verify tenant employment and income information during recertifications of family composition and income (initial, interim, annual, etc.).  To ensure compliance all Owner/Agents must use the EIV System, as outlined in HUD Notice 09-20.  For information on the EIV System, click here.
   
2. New Social Security Number (SSN) disclosure requirements:
   • All family members claiming eligible immigration status and requesting assistance, regardless of age, must disclose and document their SSN prior to admission.
     

     Note:  Applicants who cannot provide SSNs for all family members requesting assistance may retain their position on the waiting list.  However, appropriate documentation of a SSN for all family members claiming eligible citizenship status must be provided before the household can be admitted.

   • There is one exception to the SSN requirement - Current residents age 62 or older who were receiving assistance as of January 31, 2010, are not required to disclose or verify their SSN. This exemption applies as long as this household requests assistance, to include transferring to another unit within the property, or moving to another HUD assisted property or program.  Documentation must be obtained from the owner of the property where the initial determination of eligibility was determined prior to January 31, 2010, that verified the applicant’s exemption status.
   • Applicants who have not disclosed and/or provided verification of SSNs for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During this 90-day period, the applicant may, at its discretion, retain its place on the waiting list. After 90 days, if the applicant is unable to disclose and/or verify the SSNs of all non-exempt household members, the applicant should be determined ineligible and removed from the waiting list.
     Note: The SSN requirements do not apply to persons not claiming eligible immigration status.
     

   Additional information regarding SSN requirements:

   • If a tenant fails to provide a valid and verified SSN, the household is subject to termination of tenancy.
   • When adding a new household member that is age 6 or older, the documentation of the SSN must be provided to the O/A at the time of the request or at the time the recertification that includes the new household member is processed.  The O/A must not add the new household member until documentation is provided.
   • When adding a new household member that is under age 6 and no SSN has been assigned, the O/A must give the household 90 days in which to provide documentation of a SSN for the child.  An additional 90-day period must be granted by the O/A if the failure to provide documentation of a SSN is due to circumstances that are outside control of the tenant.  Examples include but are not limited to: delayed processing of the SSN application by the SSA, natural disaster, fire, death in family, etc.  During this time period, the child is to be included as part of the household and will receive all of the benefits of the program in which the tenant is involved, including the dependent deduction.
   • The SSN requirements do apply to live-in aides and foster children.
   • To view HUD Notice H 10-08, click here.

The previously proposed changes to the citizenship requirements and definition of annual income are not included in the Final Rule.