Chapter III: Selecting Names / Voucher Issuance


Section C: Citizenship Requirements

Introduction

Every household member must certify his/her citizenship status to receive Housing Choice Voucher (HCV) rental assistance. Non-citizens must certify eligible immigration status as determined by the Immigration and Naturalization Service (INS). The citizenship certification/verification is a one-time requirement. Once certified/verified, the citizenship material is retained in the permanent non-purge section of the official tenant file.

This rule ensures only citizens, nationals, and eligible legal immigrants are assigned HCVs. Effective June 19, 1995, HUD regulations restrict assistance to non-citizens with ineligible immigration status.

An applicant family without any citizen members or eligible immigration status members is not eligible for assistance. [MRP24CFR Part 812 Section 214 of the HCD Act of 198D and final rule dated 3/20/95 at 60FR14816 et. seq.]

1. Eligibility for Assistance
  • The Head of Household or spouse must verify eligible citizenship or immigrant status before a household can be admitted to the program.
  • Each individual will be designated as belonging to one of the following categories:
    1. Citizens or Nationals
    2. Eligible immigrants age 62 or older
    3. Other eligible immigrants
    4. Ineligibles
    5. Non-citizen students on student VISA
  • A mixed family (containing both eligibles and ineligibles) is eligible for prorated assistance. Prorated assistance is a calculation of subsidy based on the number of family members who are citizens or have eligible immigration status as related to the total number of household members.
  • Per the HUD and Public Law 106-504, citizens of the Republic of Marshall Islands, the Federated States of Micronesia, or the Republic of Palau are eligible for full assistance (effective 11/13/2000). For affected families, the Housing Agent (HA) must conduct an interim re-examination and make any rent adjustments immediately.
  • Depending upon the verification status of the household members, households are categorized and receive assistance as follows:
    1. Eligible households receive full continued assistance; or
    2. Mixed families receive prorated assistance; or
    3. Ineligible households must have their assistance deferred, denied, or terminated.
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2. Certification of Citizenship
  • All families must be notified of the requirement to provide certification of their citizenship status.
    1. New applicants must be notified when their name is pulled from the waiting list.
    2. New additions to a family must be notified and certified at the time the family member is added.
  • All family members must certify their status regardless of previous documentation received regarding each person’s identity (such as birth certificates and other forms of identification).
  • No family member may receive assistance until at least one family member has submitted the required documentation.
  • If an applicant/participant is not proficient in English, MSHDA must arrange for the notice and comments to be provided in a language understood by the individual. If translation is necessary, contact the following in this order:
    1. Local Continuum of Care
    2. MSU Cooperative Extension
    3. Assigned Resource Specialist.
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3. Documentation Requirements
  • Submission Requirements: The head of household and/or spouse must complete a Declaration of Section 214 Status (MSHDA 214) AND have eligible citizen or immigrant status.
  • EACH household member must complete:
    1. Applicant/Tenant Authorization, Certification, and Consent form (MSHDA 158) and either:
      1. MSHDA 214; or
      2. Citizen Information Packet (MSHDA 213) including Listing of Non-Contending Family Members.

        Note: The MSHDA 213 is not required for a citizen and should not be kept in the file.

    2. Non-citizens who are 62 years of age or older and were receiving Section 8 assistance on or before September 30, 1996, must submit:
      1. A signed MSHDA 214; and
      2. Proof of age document (birth certificate, driver’s license, state ID, other proof of age document).
    3. All other non-citizens claiming eligible immigration status must submit all of the following:
      1. A signed MSHDA 214; and
      2. An INS card or other INS document (see exhibit A); and
      3. A signed verification consent form (revised MSHDA 158) describing transmission and use of the information obtained (if sent with another transaction, an additional MSHDA 158 is not required).

      Note: Proof of birth is not required of non-citizens who have eligible immigration status and all other eligibility documentation is provided for verification.

    4. A time extension (not to exceed 30 days) from the normal Initial Request Verification/Request for Verification (MSHDA 1791) deadline may be granted in writing by the HA if needed for the individual to obtain the required documentation.
    5. The HA must inform the family, in writing that its request for an extension has been:
      1. Granted, the notice must state the extension period of 30 days (use Application Status MSHDA 1634a) or
      2. Denied, the notice must explain the reasons for the denial (use Non-Citizenship Notice Termination – MSHDA 1630).

      Note: Family members are required to submit the original document(s) providing acceptable evidence of eligible immigration status. MSHDA may not retain the original document(s). MSHDA must immediately make copies and return the original document(s) to the family member.

  • The MSHDA 214 must be reviewed to determine the eligibility based on the information provided by the family. If a HA suspects that an applicant or participant has misreported their immigration status, (or altered or forged documents), the case must be referred to HUD’s Inspector General Office for investigation.
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4. Prohibition of Assistance to Non-Citizen Students
  • Assistance is prohibited to non-citizen students and their families. A non-citizen student is defined as:
    1. A bona fide student pursuing a course of study in this country; and
    2. An individual who has a residence in a country outside of the U.S. who has no intention of abandoning the residence; and
    3. An individual admitted to this country temporarily, solely for the purpose of pursuing a course of study.
  • The prohibition extends to non-citizen spouses of the students and their minor children. This prohibition does not include citizen spouses and their children. (Children born to a U.S. citizen spouse are U.S. citizens by birth. Children may have dual citizenship based on the other parent’s non-U.S. citizenship.)
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5. Deferral, Denial, or Termination of Assistance

Denials and Terminations

  • Assistance to an applicant must be denied or a currently assisted household’s assistance must be terminated when:
    1. Declaration of citizenship or eligible immigration status is not submitted by the specified deadline or extension date; or
    2. Required evidence is submitted, but INS primary and secondary verification does not verify immigration status, and
      1. The family does not pursue INS or MSHDA appeal; or
      2. INS or MSHDA appeal is pursued, but the decision(s) are rendered against family.
  • MSHDA must terminate assistance for at least 24 months if the family is determined to have knowingly permitted an ineligible individual to live in the assisted unit without informing MSHDA.
  • Assistance to an applicant or currently assisted household must not be delayed, denied or terminated because of ineligible immigration status if:
    1. The family member in question leaves the household (i.e. moves out of the assisted unit).
    2. The INS verification process has not been completed.
    3. The INS appeals process has not been completed.
    4. Assistance is prorated.
    5. Deferral of termination of assistance is granted; or
    6. For a program participant, the informal hearing process has not been completed.
  • A family who intentionally misrepresents its citizen or eligible immigrant status will be responsible for reimbursing MSHDA for overpaid assistance. This repayment can be prorated for up to 24 months using a MSHDA Repayment Agreement (MSHDA 103).
  • If MSHDA decides to deny or terminate assistance for a household, MSHDA must send a MSHDA 1630 stating one of the following:
    1. Financial assistance will be denied or terminated with an explanation.
    2. The family may be eligible for prorated assistance if it is a mixed family.
    3. In the case of a currently assisted household, procedures for obtaining relief under the preservation of families provision is available (e.g. temporary deferral or prorating of assistance).
    4. The family has the right to appeal the results of the secondary verifications to the INS; or
    5. The family has the right to request an informal hearing from MSHDA in lieu of an INS appeal or after an appeal; or
    6. A request for citizenship verification extension has been denied with an explanation.
    7. Other reason for denial or termination with an explanation; and/or
    8. For applicants, that assistance may not be delayed until the conclusion of the INS appeal process, but may be delayed during the informal hearing process.

Deferral

  • Families may have termination of assistance deferred to allow time for transition to affordable housing if they were receiving MSHDA assistance on or before June 19, 1995, and are ineligible citizens.
  • A deferral can be offered if the family does not accept prorated assistance, or does not have any eligible members (A household can elect to accept the prorated assistance at any time during the deferral period. The household must show evidence that they have actively been searching for units).
    1. The initial period granted which may be granted with prior written approval from the Resource Specialist, must not exceed six months. Additional extensions may be given in increments up to 18 months with prior written approval from the Resource Specialist.
    2. Before the end of each deferral period it must be confirmed that affordable housing continues to be unavailable.
    3. MSHDA determines if affordable housing is available and may require evidence of the family’s good faith efforts to locate housing.
    4. Other affordable housing is defined as housing which is the appropriate size for family, is not substandard, and not greater than 125% of what the family currently pays toward rent and utilities.
    5. MSHDA must notify the family in writing at least 60 days in advance of the expiration of the deferral period before granting another deferral or termination of assistance.
  • Assistance continues (either full or prorated, whichever is applicable) until the informal hearing has been completed and a decision is rendered.
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6. EHS Entries for Calculation of Prorated Assistance
  • [Refer to Sections 2.8, Screen S2 (page 3) and 3.3, Screens 7 (page 13) of the EHS Manual]
  • Assistance for mixed families is calculated based on the percentage of eligible individuals in the household. (The calculation is the same for project-based certificates and the Moderate Rehabilitation Program, but varies slightly for HCV.)
  • EHS will automatically calculate pro-rations based on citizenship codes entered on Screen S7, Field 9. (See examples, pages 12 and 13 of the EHS manual.)
  • The Citizenship Code field must be correctly completed for EACH household member on EHS to avoid fatal errors in MSHDA’s transmission of data to HUD.
    1. Enter the citizenship code (Section 3.1.3), on Screen S7, Field 9 using the codes listed below: NOTE: Each family member’s code will factor into the rent calculations for rental assistance eligibility.
      1. EC = Eligible Citizen (eligible U.S. citizen or national)
      2. EN = Eligible Non-citizen (alien registration number verified by the INS)
      3. IN = Ineligible Non-citizen (unable to verify registration at INS or the person has not yet provided documentation of eligible status, or the person elected not to contest eligibility status) NOTE: This code will prorate rent share.
      4. PV = Pending Verification (alien registration is pending verification by the INS
      5. XX = DO NOT USE

      Note: Leave blank for household members who are live-in aides or foster children/adults.

Alien Registration Number (ARN)

  • Enter on EHS, Screen S7, Field 10 (if applicable).
  • The A – number or ARN contains seven, eight or nine numerical digits preceded by the letter A, e.g., A72 735 827. Do not enter the letter A. If the alien registration number has seven digits, enter two zeros before the alien registration number. If the alien registration number has eight digits, enter one zero before the alien registration number. If the alien registration number has nine digits, enter the number without a leading zero. Enter the digits from left to right.
  • Examples:
    1. A1234567 enter as 001234567
    2. A12345678 enter as 012345678
    3. A123456789 enter as 123456789
  • Each alien registration number is unique in that it pertains to one person or one document only. In many instances, the INS provides minors and infants in the U.S. with individual alien numbers.

Family Subsidy Status Codes under Non-citizen Rule

  • [See EHS Manual – Section 3.3, Screen S8, page 15.]
  • The Non-Citizen rule allows MSHDA to provide financial assistance to U.S. citizens, nationals, and non-U.S. citizens with eligible immigration status.
  • If only some of the family members are eligible for assistance based on the rule, MSHDA must prorate the amount of assistance available to the household. Enter on EHS, Screen S8, Field 3, using the following status codes:
    1. C = Qualified for continuation of full assistance
    2. E = Eligible for full assistance
    3. F = Eligible for full assistance pending verification of status
    4. N = Not subject to Non-citizen rule (DO NOT USE)
    5. P = Prorated assistance
    6. T = Temporary deferral of termination.

Explanation of status codes:

  • (C) Qualified for continuation of full assistance – Applies to families composed of both eligible and ineligible members that were MSHDA participants on or before June 19, 1995. The head of household or the spouse must be eligible for full assistance.
  • (E) Eligible for full assistance – Applies when the entire family provides documentation of U.S. citizenship, U.S. national, or eligible immigrant status and INS verified this status.
  • (F) Eligible for full assistance pending verification of status – Applies when the family provides documentation of eligible immigrant status and MSHDA is waiting for INS verification or the family is currently participating in the hearing process in reference to their ineligible non-citizen status.
  • (N) Not subject to non-citizen rule. DO NOT USE.
  • (P) Prorated assistance
    1. Applies if one or more family member(s) do not provide acceptable documentation of their citizenship or eligible immigrant status. Assistance is determined based on the percentage of the family that provided acceptable documentation of citizenship or eligible immigrant status. MSHDA must establish that at least the head of household or spouse have acceptable eligibility documentation before assistance is made available.
    2. Does not apply to mixed families who are eligible for full continuation of assistance or those who choose temporary deferral of termination. MSHDA must suspend financial assistance for at least 24 months to any family that knowingly permits an ineligible individual to reside on a permanent basis in the family’s rental unit, unless any assistance prorating calculations include the ineligible individual.
  • (T) Temporary deferral of termination – This applies to families without any eligible members, or families subject to prorating that do not accept the prorated subsidy. To receive this deferral, the family must have participated before June 19, 1995. The temporary deferral of termination is available for up to 18 months in six-month increments approved by the Resource Specialist.
  • If using a status of “C” or “T,” enter the effective date*on EHS on Screen S8, Field 4.

    *Effective date – Date the family originally qualified for the continuation of full assistance (C), or date MSHDA granted a temporary deferral of termination (T).

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7. MSHDA/File Responsibilities for New Applicants
  • The HA pulls name (or requests name[s]) from the waiting list.
  • The HA sends:
    1. MSHDA 1890, Household, Income, Asset, and Expense Declaration
    2. MSHDA 213
    3. MSHDA 214 for EVERY household member
    4. MSHDA 158
  • Upon return receipt of the ‘Declaration of Section 214 Status,’ the HA must determine the eligibility of the applicant based on the information provided by the family.
  • Box 1 – The HA includes the document with the other required program documentation.
  • The DT confirms that the MSHDA 214 status is included and that the document has been signed. The DT will note on the Permanent Document Checklist (MSHDA 19) that the MSHDA 214 is in the file. No other verification is necessary.
  • Box 2 – The HA confirms that a document evidencing proof of age is also included. Proof of age can be verified with one of the following:
    1. Birth Certificate
    2. Cradle Roll
    3. Hospital Record
    4. Baptism Record
    5. Passport
    6. Naturalization Certificate
    7. Letter from local government (of birth location) identifying why a certificate is not available
    8. Third Party Verification of birth (i.e. letter from Social Security Administration [SSA])
    9. Green Card
    10. United States passport
    11. Resident alien card
    12. Social security card
  • If the applicant is an eligible immigrant and has satisfied all other citizenship eligibility requirements but cannot provide proof of age, the HA must indicate the reason for not having a proof of age on a Supplemental Information form (MSHDA 77).
  • The DT confirms that the appropriate evidence of age is provided. For affected families, the HA must conduct an interim re-examination and make any rent adjustments immediately and note receipt of the proper documentation on the MSHDA 19 and place in permanent non-purge.
  • Box 3 – If the family checks Box 3, corresponding box(es), a through f, must also be checked evidencing the INS documentation confirming eligible immigration status. Upon receipt of the information, the HA confirms that the document has been properly completed, is signed and the document(s) evidencing eligibility status are included. The documentation is included with the application packet in the permanent non-purge section of the file.
  • When auditing the file, the DT confirms the following:
    1. MSHDA 214 is complete and signed and present for every household member.
    2. Verification/documentation is present if applicable.
  • If/when Box 3 is checked, and a corresponding box a through f is checked, and evidence is not provided by the family, the HA complete items 1, 2, 4, and 5 of the SAVE ‘Document Verification Request’ form G-845S. The HA make a copy of the form and forwards it to the U.S. Department of Justice requesting confirmation of the applicants’ status. The Department of Justice address is:

    U.S.Department of Justice
    Immigration and Naturalization Service
    Detroit, MI 48207

    Note: Continue processing without delay until confirmation from the Resource Specialist is received. Tickler for receipt of confirmation.

Immigration and Naturalization Service Response

Positive Response - Confirmation of eligibility provided

  • The HA perform the following:
    1. Attach the INS response to the MSHDA 214: and
    2. Forward the documentation to the DT,
    3. The DT notes on the permanent, non-purge checklist that the MSHDA 214 is in the file.

Negative response - Non-eligible based on INS response

  • The HA staff informs the applicant via a MSHDA 1630 of the INS response and their right to appeal the decision with the INS. MSHDA will also offer the applicant an informal hearing. However, the applicant will be advised that MSHDA will base the hearing decision on the appeal with the INS. If the INS confirms eligibility, MSHDA will accept the applicant. If the INS denies eligibility, MSHDA must deny assistance to the applicant. Appeal procedures are included in the “Notice of Applicants Applying for and Participants currently receiving Section 214 Notice Housing Assistance” (MSHDA 213).
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8. Portability

Portability Out Records

  • Enclose a copy of any citizenship documentation with the Family Portability Information (HUD 52665) and all other required documents.

Portability In Records

  • Request a copy of any citizenship documentation from the Initial PHA. NOTE: The Initial PHA is not required to provide the information.
  • If not provided, the HA must request the citizenship documentation from the incoming applicant/participant.
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9. Definitions
  • Child: A family member other than the head/spouse/co-head who is under 18 years of age.
  • Citizen: A citizen (by birth or naturalization) or national of the U.S.
  • Eligible Household: All family members are citizen(s), national(s), or non-citizen(s) with eligible immigrant status.
  • Evidence of Citizenship or Eligible Immigration Status: The documents which must be submitted to establish citizenship or eligible immigration status.
  • Head of Household: The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.
  • Ineligible Household: No member is a citizen, national or eligible immigrant.
  • INS: The United States Immigration and Naturalization Service.
  • Mixed Family: A household which includes both 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).
  • Non-Citizen: A person who is neither a citizen nor a national of the United States.
  • PHA: Public Housing Authority (e.g. MSHDA).
  • S.A.V.E.: Systematic Alien Verification Entitlement – Computer verification system with INS.
  • Spouse: A marriage partner, either a husband or wife; someone who would need to be divorced in order to dissolve the relationship. It includes the partner in a common law marriage. Spouse does not include boyfriends, girlfriends, significant other, or “co-heads.”
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10. Applicable Forms List
Form Number
Name of Form
MSHDA 19 Permanent Documents Checklist
MSHDA 53 Original Request for Documents
MSHDA 103 Repayment Agreement
MSHDA 158 Verification Consent Form
MSHDA 213 Notice of Section 214 Requirements
MSHDA 214 Declaration of Section 214 Status
MSHDA 1630 Non-Citizenship Notice Termination
MSHDA 1634a Application Status
MSHDA 1791 Initial Request Verification
MSHDA/MRP 1634 MRP Application Status (MRP only)
G 845S S.A.V.E. Document Verification Request
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(December 1, 2003)