CHAPTER 1. PURPOSE AND APPLICABILITY

1-1.Purpose. The purpose of this Guidebook is to advise public housing

agencies, including Indian housing authorities, resident corporation

leaders, and Department of Housing and Urban Development (HUD) staff

regarding Section 214 of the Housing and Community Development Act of

1980 (HCDAct of 1980), as amended. This Guidebook contains the

requirements and procedures required for the implementation of Section

214\. Section 214 prohibits the Secretary of HUD from making financial

assistance available to persons other than United States citizens,

nationals, or certain categories of eligible noncitizens in HUD\'s

assisted housing programs. The requirements of Section 214 were

implemented by a final rule published in the Federal Register (see

paragraph 1-2, Authority).

1-2.Authority. Section 214 of the HCDAct of 1980 was implemented by the

final rule, Restrictions on Assistance to Noncitizens, published in the

Federal Register on Monday, March 20, 1995, at 60 FR 14816 et seq. A

copy of the final or \"Noncitizens Rule\" is reproduced in Appendix A.

1-3.Background. Section 214 of the HCDAct of 1980 prohibits the
Secretary of

HUD from making financial assistance available to persons other than

United States citizens, nationals, or certain categories of eligible

noncitizens either applying to or residing in specified covered

programs.

1-4.Effective Date. The Noncitizens Rule is effective June 19, 1995.

1-5.Applicability. The HCDAct of 1980 and the Noncitizens Rule apply to

those assisted housing programs that make available financial assistance

pursuant to the United States Housing Act of 1937 (USHAct of 1937)(42

U.S.C. 1457-1440), Section 235 or Section 236 of the National Housing

Act (12 U.S.C. 1715z-1) and Section 101 of the Housing and Urban

Development Act of 1965 (12 U.S.C. 1801s).

However, this Guidebook is applicable only to those covered programs

which operate directly under the Office of the Assistant Secretary for

Public and Indian Housing (PIH). Specifically, this Guidebook is

applicable only. to those programs providing financial assistance

primarily under:

a.Section 8 of the USHAct of 1937, and covering the Section 8 Rental

Certificate, Rental Voucher, and Moderate Rehabilitation programs

operated pursuant to 24 CFR Part 812;

b.Title II of the USHAct of 1937, as added by the Indian Housing Act

of 1988 and covering the Indian housing programs, including

homeownership, operated pursuant to 24 CFR Part 950 (formerly Part

905);

c.Title I of the USHAct of 1937, and covering the public housing

programs operated pursuant 24 CFR Part 913.

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It should be noted that Section 214 also applies to other HUD programs

which provide housing assistance. However, the verification procedures

discussed in this Guidebook can not be safely applied to any HUD housing

assistance programs other than those specified in paragraph 1-5.

1-6.Organization Of Guidebook. The Guidebook is broken down into a
number of

major areas:

a.Chapter 1 provides background information on the purpose and

applicability of Section 214. It covers compliance with Federal

nondiscrimination requirements.

b.Chapter 2 covers the definitions used in the Guidebook.

c.Chapter 3 covers the applicability of Section 214 to persons.

d.Chapter 4 discusses the documentation that must be obtained as

evidence of citizenship or eligible immigration status,

declarations of status, and retention of documents.

e.Chapter 5 deals with Section 214 notification requirements

regarding verification of the eligible immigration status of

applicants and residents.

f.Chapter 6 is concerned with the collection of evidence to document

eligible immigration status.

g.Chapter 7 describes the primary and secondary verification

processes. It includes instructions for accessing the Systematic

Alien Verification for Entitlements (SAVE) system and, if

necessary, for obtaining secondary verification.

h.Chapter 8 describes the three situations involving limitations on

the provision of financial assistance: delay, denial or termination

of assistance.

i.Chapter 9 explains the appeal processes that are available in the

event of notification by the responsible entity that INS secondary

verification failed to confirm eligible immigration status. After

notification of the unfavorable INS response on appeal, or in lieu

of request of appeal to the INS, the family may also request that

the HA provide an informal hearing.

j.Chapter 10 covers delay, deferral or termination of assistance.

k.Chapter 11 provides guidance for the proration of assistance to

mixed families, i.e., families where one or more members of the

family are not citizens or do not have eligible citizenship status.

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l.Chapter 12 discusses protection from liability afforded by the

legislation and Noncitizens Rule to a responsible entity, or state,

local and tribal government agencies, and their officials.

m.Appendixes contain reference and other supportive information.

1-7.References/Citations. Where applicable, cross references to the

Noncitizens Rule are provided within each paragraph. References to the

Code of Federal Regulations (CFR), i.e., to 24 CFR, are located within

brackets (\[\...\]). For example, the Noncitizens Rule references

applicable to the \"Definitions\" section of the Noncitizens Rule are:

o For Section 8 programs: 812.2

o For Indian housing programs: 950.102

o For public housing programs: 912.2

Thus, the references to the above citations would be presented in the

text as: \[812.2; 950.102; 912.2\].

Special notation regarding references to Indian housing program

citations: As published in the Noncitizens Rule, citations applicable to

the Indian housing program refer to 24 CFR Part 905. However,the

revised consolidated Indian housing regulations, published in the

Federal Register on April 10, 1995, with an effective date of May 10,

1995, provided that 24 CFR Part 905 was renumbered as 24 CFR Part 950.

Since the regulation will be published in the Code of Federal

Regulations, for correctness, the citations given in this Guidebook are

keyed to the revised citations, i.e., to Part 950. Thus, if it is

necessary to refer to the Noncitizens Rule, as published, it will be

necessary to convert the Guidebook\'s references for Indian housing from

Part 950 to the earlier Part 905. For example, in the reference shown

above with respect to \"Definitions,\" the correct CFR reference is

§950.102. In the March 20, 1995, issue of the Federal Register, however,

you would need to look for 905.102 (located on page 14849 in the

published Noncitizens Rule). Both the previous and current citations are

provided where the consolidated numbering the Federal nondiscrimination

requirements of, including, but not limited to, the following:

\[812.13; 912.13\]

o Title VI of the Civil Right Act of 1964 (42 U.S.C. 2000d-2000d-5) and
the implementing regulations in 24 CFR Part 1;

o Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)

and the implementing regulations in 24 CFR Part 8;

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o The Fair Housing Act (42 U.S.C. 3601-3619) and the

implementing regulations in 24 CFR Part 100, and

o Other civil rights statues cited in the applicable program

regulations.

These statutes prohibit, among other things, discriminatory practices on

the basis of race, color, national origin, sex, religion, age,

disability and familial status in the provision of housing. The HA

should be aware that the decisions based upon any of these factors, and

which are not otherwise authorized by the statute or regulation, may be

a violation of the Fair Housing Act.

Note: This paragraph (1-8) does not apply to Indian Housing Authorities

(IHAs). Separate nondiscrimination rules are applicable to IHAs. For

additional information, see 24 CFR 950.115 (formerly 24 CFR 905.105),

Applicability of civil rights requirements.

1-9.Supplemental Information. Supplemental information on the
implementation

of Section 214 is provided in Appendix B using the Question and Answer

format.

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