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Slide #1 Annie Stevenson Factors of Eligibility © Copyright 2008 Nan McKay & Associates.

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Presentation on theme: "Slide #1 Annie Stevenson Factors of Eligibility © Copyright 2008 Nan McKay & Associates."— Presentation transcript:

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2 Slide #1 Annie Stevenson Factors of Eligibility © Copyright 2008 Nan McKay & Associates

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

4 Slide #3 Welcome to Lunch N Learn!  Today’s topic: Factors of Eligibility for HCV & PH Family types Social security numbers Noncitizen requirements Income limits Additional factors © Copyright 2008 Nan McKay & Associates

5 Slide #4 Family Types © Copyright 2008 Nan McKay & Associates

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

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

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

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

10 Slide #9 Definition of Family  Other examples: Related by blood, marriage, operation of law Demonstrate stable relationship Income & resources available to meet family’s needs © Copyright 2008 Nan McKay & Associates

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

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

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

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

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

16 Slide #15 Live-In Aide © Copyright 2008 Nan McKay & Associates

17 Slide #16 Household Definition  The family and a PHA- approved live-in aide © Copyright 2008 Nan McKay & Associates

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

19 Slide #18 Live-In Aide Criteria  Live-in aide is: Essential to care/well being of person Not obligated for support of person Wouldn’t be living in unit except to provide necessary supportive services © Copyright 2008 Nan McKay & Associates

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: Can’t overcrowd unit, or Result in need for additional subsidy © Copyright 2008 Nan McKay & Associates

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

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

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

24 Slide #23 © Copyright 2008 Nan McKay & Associates

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

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

27 Slide #26 Verification of SSNs  Generally PHAs verify SSNs by viewing the individual’s 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

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

29 Slide #28 Failure to Disclose Social Security Number  Applicants Denial of assistance  Participants Termination of assistance © Copyright 2008 Nan McKay & Associates

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

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

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

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

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

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

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

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

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

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

40 Slide #39 Verification...  PHA may require verification of citizenship or national status Must be in Admin Plan/ACOP © Copyright 2008 Nan McKay & Associates

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 Program’s Automated Status Verification System  http://uscis.gov/graphics/services.save.htm © Copyright 2008 Nan McKay & Associates

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

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

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 Doesn’t apply to prorated individuals © Copyright 2008 Nan McKay & Associates

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

46 Slide #45 Proration of Assistance: PH  Must use PHA’s 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

47 Slide #46 © Copyright 2008 Nan McKay & Associates

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

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

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

51 Slide #50 Income Limits  HUD’s income limits for current and prior years can be found at: - http://www.huduser.org/datasets/il.html © Copyright 2008 Nan McKay & Associates

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

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 doesn’t specify, families must meet the very low income limit to qualify © Copyright 2008 Nan McKay & Associates

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

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

56 Slide #55 Additional Eligibility Factors  Family must pass PHA’s criminal background check  PH only: must meet PHA’s criteria for suitability © Copyright 2008 Nan McKay & Associates

57 Slide #56 NMA Lunch ‘n’ Learn Seminar NEXT TOPIC… © Copyright 2008 Nan McKay & Associates

58 Slide #57 NMA Lunch ‘n’ Learn Seminar © Copyright 2008 Nan McKay & Associates


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