CHAPTER 8. LIMITATIONS ON ASSISTANCE

8-1.Delay, Denial Or Termination Of Assistance. Assistance to a family
may

not be delayed, denied, or terminated because of the immigration status

of a family member except as provided in this Guidebook.
\[812.9;950.310(m); 912.9\]

8-2.Restriction On Delay, Denial Or Termination Of Assistance.

\[812.9(b);950.310(m)(1); 912.9(b)\]

a.General. Assistance to an applicant shall not be delayed or denied,

and assistance to a tenant shall not be delayed, denied, or

terminated, on the basis of ineligible immigration status of a

family member if:

(1)The primary and secondary verification of any immigration

documents that were timely submitted has not been completed;

(2)The family member for whom required evidence has not been

submitted has moved from the tenant\'s dwelling unit;

(3)The family member who is determined not to be in an eligible

immigration status following INS verification has moved from

the tenant\'s dwelling unit;

(4)The INS appeals process under paragraph 9-1 has not been

concluded;

(5)For a tenant, the HA informal hearing process under paragraph

9-2 has not been concluded;

\(6\) Assistance is prorated in accordance with Chapter11;

(7)Assistance for a mixed family is continued in accordance with

Chapter 10; or

(8)Deferral of termination of assistance is granted in accordance

with Chapter 10.

b.When delay in assistance to an applicant is permissible. Assistance

to an applicant may be delayed after the conclusion of the INS

appeal process, but not denied until the conclusion of the HA

informal hearing process, if an informal hearing is requested by

the family.

8-3.Events Causing Denial Or Termination Of Assistance. Assistance to an

applicant shall be denied, and a tenant\'s assistance shall be

terminated, in accordance with the procedures for any of the following

events: \[812.9(c); 950.310(m)(3); 912.9(c)\]

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a.Evidence of citizenship (i.e., the declaration) or eligible

immigration status is not submitted as provided in paragraph 6-1 or

by the expiration of any extension granted in accordance with

paragraph 6-2; or

b.Evidence of citizenship and eligible immigration status was

submitted on a timely basis, but neither the HA\'s primary

verification nor the INS secondary verification verified eligible

immigration status of a family member; and

(1)The family elected not to pursue INS appeal or HA informal

hearing rights; or

(2)INS appeal and HA informal hearing rights are pursued, but the

INS final appeal or the HA hearing decisions are decided

against the family member.

8-4.Notice Of Denial Or Termination Of Assistance. The notice of denial
or

termination of assistance shall advise the family:
\[812.9(d);950.310(m)(4); 912.9(d)\]

a.That financial assistance will be denied or terminated, and provide

a brief explanation of the reasons for the proposed denial or

termination of assistance;

b.That the family may be eligible for proration of assistance as

provided under paragraph 11-1;

c.In the case of a tenant, the criteria and procedures for obtaining

relief under the preservation of families provision in Chapter 10;

d.That the family has a right to request an appeal to the INS of the

results of secondary verification of immigration status and to

submit additional documentation or a written explanation in support

of the appeal in accordance with the procedures of paragraph 9-1;

e.That the family has a right to request an informal hearing with the

HA either upon completion of the INS appeal or in lieu of the INS

appeal as provided in paragraph 9-2;

f.For applicants, the notice shall advise that assistance may not be

delayed until the conclusion of the INS appeal process, but

assistance may be delayed during the pendency of the HA informal

hearing process.

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