California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 3 - Procedures for Determining and Reporting Eligibility › Section 6939.2 - Method for Determining Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For any project receiving funds and funds
					 from any of the programs listed in section 6935.2, and which project is also
					 subject to federal eligibility verification procedures (such as the Section 214
					 requirements for Public Housing and Section 8), verification of eligibility
					 shall be determined using federal procedures or the procedures promulgated by
					 the federal funding source to implement the requirements of PRAWORA, if such
					 federal procedures are in effect. In the event there are no applicable federal
					 regulations in effect, the procedures specified in this subchapter shall apply
					 to joint state-federally-funded projects until such time as federal regulations
					 become effective. Notwithstanding anything to the contrary in this subsection,
					 unless the federal regulations have preempted the field of verification for
					 federally-funded projects or programs, or unless federal regulations mandate a
					 shorter period, the 6-month waiting period prior to termination of a tenancy
					 set forth in section 6937.4(a)(2) shall apply to projects funded under any
					 program listed in section 6935.2.
(b) For purposes of establishing eligibility
					 for the programs listed in section 6935.2 and which are not subject to federal
					 PRAWORA eligibility verification procedures, all of the following procedures
					 shall be followed:
(1) To be considered for
					 eligibility, the applicant shall declare his or her citizenship, alienage,
					 and/or immigration status as a United States citizen or national, a qualified
					 alien, a nonimmigrant alien, or a parolee to the United States by completing
					 and signing the "Statement of Citizenship, Alienage, and Immigration Status for
					 State Public Benefits", Form HCD-Benefit Status Form 1, (2/98) version which is
					 hereby incorporated into these regulations by reference. This form is provided
					 by the department.
(2) With the
					 exception of the eligibility determination of an applicant for occupancy in an
					 assisted rental unit who is a United States citizen or national, the applicant
					 must present documents of a type acceptable to the INS, as set forth in List A
					 of HCD Benefit Status Form 1 (2/98) in the case of an applicant who is a
					 citizen or national, or List B of HCD Form 1 in the case of an applicant who is
					 an alien, which serve as reasonable evidence of the applicant's declared status
					 at the time of application. A fee receipt from the INS for replacement of a
					 lost, stolen, or unreadable INS document is reasonable evidence of the
					 applicant's declared status. At the time of application, an applicant for
					 occupancy in an assisted rental unit who is a United States citizen or national
					 shall not be required to provide any additional supporting documentation of his
					 or her declared status beyond a completed and executed HCD Benefit Status Form
					 1 (2/98). However, if such an applicant becomes a tenant, he/she shall be
					 required to provide the supporting documentation described in List A of HCD
					 Benefit Form 1 (2/98) upon his/her first eligibility re-certification pursuant
					 to the requirements of the regulatory agreement.
(3) If the documents presented do not on
					 their face appear to be genuine or to relate to the individual presenting them,
					 the sponsor shall contact the government entity that originally issued the
					 documents for verification. In the case of naturalized citizens, derivative
					 citizens presenting certificates of citizenship, and aliens, the INS is the
					 appropriate government entity to contact for verification. The sponsor shall
					 request verification from the INS by filing INS Form G-845 or its successor,
					 with copies of the pertinent documents provided by the applicant, with the
					 local INS office. If an applicant has lost his or her original documents or
					 presents expired documents or is unable to present any documentation evidencing
					 his or her immigration status, the applicant shall be referred to the local INS
					 office to obtain documentation.
(i) Once an
					 applicant for occupancy in a rental unit has provided the sponsor all
					 information required by subsection (b) to establish the applicant's
					 eligibility, the applicant shall be eligible for public benefits until and
					 unless the sponsor or Department receives written confirmation from the INS
					 that the applicant does not have a legal status which would make him or her
					 eligible for a public benefit. Where an applicant has been provided rental
					 assistance or occupancy in an assisted rental unit pending review by the
					 applicable governmental entity, and it is later determined that he or she was
					 ineligible to receive that public benefit, the benefit shall be terminated in
					 accordance with the provisions of subsection 6937.4(a)(2).
(ii) Applicants seeking approvals related to
					 homeownership loans or cooperative shares subject to subsection 6837.4(b),
					 whose documents do not on their face appear to be genuine or to relate to the
					 individual presenting them shall be denied the public benefit until the sponsor
					 or Department receives confirmation of the applicant's eligibility from the
					 issuing governmental entity.
(4) At the time of a continuing eligibility
					 determination made pursuant to section 6937.4, subsection (a)(2) or (b)(2), the
					 tenant, owner, or shareholder shall complete and execute a Form 1, and present
					 documents specified in list A or B of HCD Benefit Status Form 1 (2/98) which
					 serve as reasonable evidence of the tenant's, owner's, or shareholder's
					 declared status.
(5) If the INS
					 advises that the applicant has citizen status or has immigration status which
					 makes him or her a qualified alien, a nonimmigrant or alien paroled for less
					 than one year under section 212(d)(5) of the INA, the INS verification shall be
					 accepted.
(6) If the INS advises
					 that it cannot verify that the applicant is a citizen, a national, or a
					 qualified alien, benefits shall be denied, or discontinued, as applicable, and
					 the applicant notified of the denial or discontinuance and of his or her right
					 to appeal the denial pursuant to Section 6939.6.