APPENDIX F. MODEL NOTICE OF SECTION 214 REQUIREMENTS

NOTICE TO APPLICANTS APPLYING FOR

AND TENANTS CURRENTLY RECEIVING

SECTION 214 HOUSING ASSISTANCE

The Law. Section 214 of the Housing and Community Development Act of
1980, as

amended, prohibits the Secretary of the Department of Housing and Urban

Development (HUD) from making financial assistance available to persons
who

are other than United States citizens, nationals, or certain categories
of

eligible noncitizens either applying to or residing in specified Section
214

covered programs. Section 214 was implemented by a final \"Noncitizens
Rule\"

entitled, Restrictions on Assistance to Noncitizens which was published
in

the Federal Register, on Monday, March 20, 1995 (60 FR 14816-4861).

When The Law Became Effective. The Noncitizens Rule became effective on
June

19, 1995. Until the final rule took effect, the Housing Authority (HA)
was

prohibited from taking any action based on the citizenship or eligible

immigration status of applicants and tenants.

What The Law Means To You. The receipt of financial housing assistance
is

contingent upon you and your family submitting evidence either of 1)

citizenship, or 2) eligible immigration status.

Type of Programs This Law Applies To. The Noncitizens Rule applies to
the

following HUD-assisted housing programs:

1\) Section 8 Rental Certificate Program

2\) Section 8 Rental Voucher Program

3\) Section 8 Moderate Rehabilitation Program

4\) Public and Indian Housing Programs

What Persons Are Covered By This Law. Section 214 applies to all
applicants

who apply for housing assistance, applicants who are already on a
waiting

list for housing assistance, and tenants who are already receiving
housing

assistance under a covered program. Section 214 covers: 1) Citizens and
2)

Noncitizens who have eligible immigration status.

What Evidence Will Be Required? Each family member, regardless of age,
is

required to submit the following evidence:

For Citizens or nationals: A signed declaration of U.S. citizenship

(whether by birth or naturalization.

For Noncitizens who are 62 years of age or older and receiving housing

assistance on June 19, 1995: A signed declaration of eligible

immigration status and proof of age.

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For All Other Noncitizens. The evidence consists of: 1) a signed

declaration of eligible immigration status; 2) the Immigration and

Naturalization Service (INS) documents listed below on this page; and 3)

A signed verification consent form.

For All Other Noncitizens, What Immigration Status is Eligible? Under
the

Noncitizens Rule, a noncitizen would have eligible immigration status
under

any one of the following six categories which are determined by the INS

pursuant to the Immigration and Nationality Act (INA):

Immigrant Status Under §§101(a) (15) or 101(a) (20) of INA. A noncitizen

lawfully admitted for permanent residence, as defined by §101(a)(20) of

the INA, as an immigrant, as defined by §101(a)(15) of the INA (8 U.S.C.

1101(a)(20) and 1101(a)(15),

respectively \[immigrant status\]. This

category includes a noncitizen admitted under §§210 or 210A of the INA

(8 U.S.C. 1160 or 1161), \[special agricultural worker status\], who has

been granted lawful temporary resident status.

Permanent Residence Under §249 of INA. A noncitizen who entered the U.S.

before January 1, 1972, or such later date as enacted by law, and has

continuously maintained residence in the U.S. since then, and who is not

ineligible for citizenship, but who

is deemed to be lawfully admitted

for permanent residence as a result of an exercise of discretion by the

Attorney General under §249 of the INA (8 U.S.C. 1259) \[amnesty granted

under INA 249\].

Refugee, Asylum, or Conditional Entry Status Under 207, 208 or 203 of

INA. A noncitizen who is lawfully present in the U.S. pursuant to an

admission under 207 of the INA (8 U.S.C. 1157) \[refugee status\];

pursuant to the granting of asylum (which has

not

race,

because of being uprooted by catastrophic national calamity
\[conditional

entry status\].

Parole Status Under 212(d) (5) of INA. A noncitizen who is lawfully

present in the U.S. as a result of an exercise of discretion by the

Attorney General for emergent reasons or reasons deemed strictly in the

public interest under 212(d)(5) of the INA

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withholding deportation under §243(h) of the INA (8 U.S.C. 1253(h))

\[threat to life or freedom\].

..TX:

Amnesty Under 245A of INA. A noncitizen lawfully admitted for temporary

or permanent residence under §245A of the INA (8 U.S.C. 1255a)

\[amnesty granted under INA 245A\].

..TX:

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..TX:

What INS Documents Are Acceptable? The original of one of the following

documents is acceptable evidence of eligible immigration status, subject
to

verification with INS:

1)Form 1-151, Alien Registration Receipt Card (issued to lawful

permanent residents prior to 1979). Form 1-151 will no longer be

valid after March 20, 1996. Detailed information on how and where

to apply for a new green card may be obtained by telephoning the

INS toll-free number 1-800-755-0777.

2)Form 1-551, Alien Registration Receipt Card (for permanent resident

aliens);

3)Form 1-94, Arrival-Departure Record, with one of the following

annotations:

a)\"Admitted as Refugee Pursuant to Section 207\";

b)\"Section 208\" or \"Asylum\";

c)\"Section 243(h)\" or \"Deportation stayed by Attorney General\";

d)\"Paroled Pursuant to Section 212(d)(5) of the INA\";

4)If Form I-94, Arrival-Departure Record, is not annotated, then

accompanied by one of the following documents:

a)A final court decision granting asylum (but only if no appeal

is taken);

b)A letter from an INS asylum officer granting asylum (if

application is filed on or after October 1, 1990) or from an

INS district director granting asylum (if application filed

before October 1, 1990);

c)A court decision granting withholding of deportation; or

d)A letter from an asylum officer granting withholding of

deportation (if application filed on or after October 1,

1990).

5)Form I-688, Temporary Resident Card, which must be annotated

\"Section 245A\" or \"Section 210\";

6)Form I-688B, Employment Authorization Card, which must be annotated

\"Provision of Law 274a.12(11)\" or \"Provision of Law 274a.12\";

7)A receipt issued by the INS indicating that an application for

issuance of a replacement document in one of the above-listed

categories has been made and the applicant\'s entitlement to the

document has been verified; or

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8)If other documents are determined by the INS to constitute

acceptable evidence of eligible immigration status, they will be

announced by notice published in the Federal Register.

Note: Family members are required to submit the original document(s)

providing acceptable evidence of eligible immigration status. The HA may

not retain the original document(s). HAs must immediately make copies

from the original document(s) and return the original documents to the

family member.

When Must Evidence Of Eligible Immigration Status Be Submitted? Evidence
of

eligible immigration status must be submitted at the times specified
below,

subject to any extension granted in accordance with the paragraph below
which

discusses extensions of time to submit evidence of eligible immigration

status.

Applicants. For applicants, the HA must ensure that evidence of eligible

immigration status is submitted not later than the date the HA

anticipates or has knowledge that verification of other aspects of

eligibility for assistance will occur.

Families already receiving assistance on June 19, 1995. For a family

already receiving the benefit of assistance in a covered program on June

19, 1995, the required evidence shall be submitted at the first regular

reexamination after June 19, 1995, in accordance with program

requirements.

New occupants of assisted units. For any new family member(s), the

required evidence shall be submitted at the first interim or regular

reexamination following the person\'s occupancy.

Changing participation in a BUD program. Whenever a family applies for

admission to a Section 214 covered program, evidence of eligible

immigration status is required to be submitted in accordance with the

requirements of the Noncitizens Rule unless the family already has

submitted the evidence to the HA for a covered program.

One-time evidence requirement for continuous occupancy. For each family

member, the family is required to submit evidence of eligible

immigration status only one time during continuously-assisted occupancy

under any covered program.

What Happens If One Or More Family Members Does Not Qualify?

Assistance to a family may not be delayed, denied, or terminated because
of

the immigration status of a family member except as provided below.
\"Family\"

as used herein refers to both applicants and tenants.

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;

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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 has not been concluded;

5)For a tenant, the HA informal hearing process has not been

concluded;

6)Assistance is prorated;

7)Assistance for a mixed family is continued; or

8)Deferral of termination of assistance is granted.

9)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.

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:

1)Evidence of citizenship (i.e., the Declaration) and eligible

immigration status is not submitted by the date specified or by the

expiration of any extension granted; or

2)Evidence of citizenship and eligible immigration status is

submitted timely, but INS primary and secondary verification does

not verify eligible immigration status of a family member; and

a)The family does not pursue INS appeal or HA informal hearing

rights; or

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

final appeal or hearing decisions are decided against the

family member.

What Rights of Appeal Are Available? Three distinct forms of appeal
process

are available to both applicants and tenants:

1)Appeal to INS. The following instructions apply to the right of

appeal to the INS:

a)Submission of request for appeal. When the HA receives

notification that INS secondary verification failed to confirm

eligible immigration status, the HA shall notify the family of

the results of the INS verification. The family shall have 30

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days from the date of the HA\'s notification to request an

appeal of the INS results. The request for appeal shall be

made by the family communicating that request in writing

directly to the INS. The family must provide the HA with a

copy of the written request for appeal and proof of the

mailing. For good cause shown, the HA shall grant the family

an extension of the time within which to request an appeal.

b)Documentation to be submitted as part of the appeal to INS.

The family shall forward to the designated INS office any

additional documentation or written explanation in support of

the appeal. The appeal must include a copy of the original

Form G-845S received from INS annotated at the top center in

bold print: HUD APPEAL. The appeal must also include two

stamped envelopes, one addressed to the applicant or tenant

family, and one addressed to the HA.

c)Results of INS Appeal.

(i)The INS will issue the results of the appeal to the

family, with a copy to the HA, within 30 days of its

receipt. If, for any reason, the INS is unable to issue

a response within the 30-day time period, the INS will

inform the family and the HA of the reasons for the

delay.

Note: The INS response will be indicated in Section B of

Form G-845S, Document Verification Request, which is

returned to the family and HA. The INS response will be

indicated in Section B by a mark in one of the following

boxes: 1,2,5,6,8, 11, 12, 15, or 18.

(ii)When the HA receives a copy of the INS response, the HA

shall notify the family of its right to request an

informal hearing on the HA\'s ineligibility determination.

d)No delay, denial or termination of assistance until completion

of INS appeal process; direct appeal to INS. Pending the

completion of the INS appeal, assistance may not be delayed,

denied or terminated on the basis of immigration status.

2\) Informal hearing with HA.

a)When request for hearing is to be made. After receiving

notification of the INS decision on appeal, or in lieu of

requesting an appeal to the INS, the family may request that

the HA provide an informal hearing. This request must be made

either within 14 days of the date the HA mails or delivers the

notice of denial or termination of assistance, or within 14

days of the mailing of the INS appeal decision (established by

the date of the postmark).

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b)Extension of time to request hearing. The HA shall extend the

period of time for requesting a hearing (for a specified

period) upon good cause shown.

c)Informal hearing procedures.

(i)For tenants, the procedures for the hearing before the HA

are set forth in 24 CFR Part 966.

(ii)For applicants, the procedures for the informal hearing

before the HA are as follows:

(A)Hearing before an impartial individual. The

applicant shall be provided a hearing before any

person(s) designated by the HA (including an

officer or employee of the HA), other than a person

who made or approved the decision under review, and

other than a person who is a subordinate of the

person who made or approved the decision;

(B)Examination of evidence. The applicant shall be

provided the opportunity to examine and copy, at

the applicant\'s expense and at a reasonable time in

advance of the hearing, any documents in the

possession of the HA pertaining to the applicant\'s

eligibility status, or in the possession of the INS

(as permitted by INS requirements), including any

records and regulations that may be relevant to the

hearing;

(C)Presentation of evidence and arguments in support

of eligible immigration status. The applicant shall

be provided the opportunity to present evidence and

arguments in support of eligible immigration

status. Evidence may be considered without regard

to admissibility under the rules of evidence

applicable to judicial proceedings;

(D)Controverting evidence of the project owner. The

applicant shall be provided the opportunity to

controvert evidence relied upon by the HA and to

confront and cross-examine all witnesses on whose

testimony or information the HA relies;

(E)Representation. The applicant shall be entitled to

be represented by an attorney, or other designee,

at the applicant\'s expense, and to have such person

make statements on the applicant\'s behalf;

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(F)Interpretive services. The applicant shall be

entitled to arrange for an interpreter to attend

the hearing, at the expense of the applicant or HA,

as may be agreed upon by both parties;

(G)Hearing to be recorded. The applicant shall be

entitled to have the hearing recorded by audiotape

(a transcript of the hearing may, but is not

required to, be provided by the HA); and

(H)Hearing decision. The HA shall provide the family

with a written final decision, based solely on the

facts presented at the hearing, within 14 days of

the date of the HA informal hearing. The decision

shall state the basis for the decision.

3)Judicial relief. A decision against a family member under the INS

appeal process or the HA\'s informal hearing does not preclude the

family from exercising the right, that may otherwise be available,

to seek redress directly through judicial procedures.

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