HUD’s Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs Final Rule

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).  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. Social Security Numbers (SSN) – All household members receiving or applying for assistance, including those under the age of 6, must provide their SSN and acceptable verification of their SSN.  Any household member receiving assistance that did not previously disclose their SSN, or their previously disclosed SSN is inaccurate or has changed, must provide their SSN and acceptable verification of their SSN at the next recertification or reexamination of family composition or income (initial, interim, annual, etc.).
   
   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.
   Additional information regarding SSN requirements:
   • When adding a new household member that is age 6 or older, or under age 6 with an assigned SSN, the new members SSN must be disclosed and documented at the time the household member is added.

   • When adding a new household member that is under the age of 6 and no SSN has been assigned, the SSN and supporting documentation must be provided within 90 days of the child being added to the household.  An additional 90 day extension can be provided if the failure to disclose was due to circumstances that could not be foreseen and were outside the household’s control.
   • Applicants who have not provided SSNs may remain on the waiting list.  However, an otherwise eligible household cannot be deemed eligible until all household members applying for assistance have submitted valid SSNs and acceptable documentation to verify the SSN is correct.
   • The SSN requirements do not apply to household members who indicate that they are a non-eligible non-citizen.  In these cases, the household is considered a “mixed” household and assistance is prorated.
   • If an assisted household member fails to disclose and document their SSN at the required timeframe, the entire household’s assistance must be terminated.
   • The SSN requirements do apply to live-in aides and foster children.

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