CHAPTER 4. DOCUMENTATION

4-1.Requirements Concerning Documents. For any notice or document
(decision,

declaration, consent form, etc.) that the Noncitizens Rule requires an

HA to provide to an individual, or requires that the HA obtain the

signature of the individual, the HA, where feasible, must arrange for

the notice or document to be provided to the individual in a language

that is understood by the individual if the individual is not proficient

in English. (See 24 CFR 8.6 of HUD\'s regulations for requirements

concerning communications with persons with disabilities.) \[812.5a;

950.310(a); 912.5a\]

4-2.Submission Of Evidence Of Citizenship Or Eligible Immigration
Status. Eligibility for assistance or continued assistance under a
Section 214

covered program is contingent upon a family\'s submission to the HA of

the documents described in paragraph 4-3 for each family member. If one

or more family members does not have citizenship or eligible immigration

status, the family member(s) may exercise the election not to contend to

have eligible immigration status as provided in paragraph 5-2, and the

provision of Chapter 10 shall apply. §812.6; 950.310(e); 912.6\]

4-3.Evidence Of Citizenship Or Eligible Immigration Status. Each family

member, regardless of age, must submit the following evidence to the HA:

\[812.6(b); 950.310(e)(2); 912.6(b)\]

a.For citizens, the evidence consists of a signed declaration of U.S.

citizenship;

b.For noncitizens who are 62 years of age or older and who are

receiving assistance under a Section 214 covered program on June

19, 1995, the evidence consists of:

(1)A signed declaration of eligible immigration status; and

(2)Proof of age document.

Note: This method is available only to persons who were

participants on June 19, 1995. It does not apply to current or

future applicants.

c.For all other noncitizens, the evidence consists of the following:

\(1\) A signed declaration of eligible immigration status;

\(2\) The INS documents listed in paragraph 6-4; and

(3)A signed Verification Consent Form (see Appendix D for a

suggested model format).

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4-4.Declaration. For each family member who contends that he or she is a

U.S. citizen, or a noncitizen with eligible immigration status, the

family must submit to the HA a written declaration, signed under penalty

of perjury, by which the family member declares whether he or she is a

U.S. citizen or a noncitizen with eligible immigration status.

\[812.6(c); 950.310(e)(3); 912.6(c)\]

a.For each adult, the declaration must be signed by the adult.

b.For each child, the declaration must be signed by an adult who is

(or, for an applicant, will be) residing in the assisted dwelling

unit who is responsible for the child.

c.Model Declaration. Appendix C contains a Model Declaration of

Section 214 Status format. This format may be modified to suit

individual design considerations. If desired, separate declarations

may be utilized for each type of citizenship or eligible

immigration status. You may also request the Social Security and/or

the Alien Registration number(s), sex, and date of birth. You may

also include any additional information or other identification as

may be pertinent to your operations. For example, you may want to

include the HA\'s logo, address and telephone number; an application

control number; or the resident\'s account number, address, home and

work telephone numbers; etc.

4-5.Retention Of Documents. The HA shall retain for a minimum of 5 years
the

following documents that may have been submitted to the HA by the

family, or provided to the HA as part of the INS appeal or the HA

informal hearing process:

a.The application for financial housing assistance;

b.The form completed by the family for income reexamination;

c.Photocopies of any original documents (front and back), including

original INS documents;

d.The signed verification consent form;

e.The INS verification results (both primary and, if applicable,

secondary);

f.The request for an INS appeal;

g.The final INS determination;

h.The request for an HA informal hearing; and

i.The final HA informal hearing decision.

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