ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
When a PHA determines that an applicant family does not include any citizens, nationals,or eligible noncitizens, following the verification process, the family will be sent awritten notice within 10 business days of the determination.The notice will explain the reasons for the denial of assistance, that the family may beeligible for proration of assistance, and will advise the family of its right to request anappeal to the United States Citizenship and Immigration Services (USCIS), or to requestan informal hearing with the PHA. The informal hearing with the PHA may be requestedin lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The noticemust also inform the applicant family that assistance may not be delayed until theconclusion of the USCIS appeal process, but that it may be delayed pending thecompletion of the informal hearing process.Informal hearing procedures are contained in Chapter 16.Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]For new occupants joining the assisted family, the PHA must verify status at the first interim orregular reexamination following the person’s occupancy, whichever comes first.If an individual qualifies for a time extension for the submission of required documents, the PHAmust grant such an extension for no more than 30 days [24 CFR 5.508(h)].Each family member is required to submit evidence of eligible status only one time duringcontinuous occupancy.PHA PolicyThe PHA will verify the status of applicants at the time other eligibility factors aredetermined.3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218]Refer to Chapter 17 regarding applicant Social Security Number (SSN) disclosure andverification.3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230,HCV GB, p. 5-13]HUD requires each adult family member, and the head of household, spouse, or cohead,regardless of age, to sign form HUD-9886, Authorization for the Release of Information/PrivacyAct Notice, and other consent forms as needed to collect information relevant to the family’seligibility and level of assistance. Chapter 7 provides detailed information concerning theconsent forms and verification requirements.The PHA must deny admission to the program if any member of the applicant family fails to signand submit the consent forms for obtaining information in accordance with 24 CFR 5, SubpartsB and F [24 CFR 982.552(b)(3)].© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-17
3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24CFR 5.612 and FR Notice 4/10/06]Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612established new restrictions on the eligibility of certain students (both part- and full-time) whoare enrolled in institutions of higher education.If a student enrolled at an institution of higher education is under the age of 24, is not a veteran,is not married, does not have a dependent child, and is not a person with disabilities receivingHCV assistance as of November 30, 2005, the student’s eligibility must be examined along withthe income eligibility of the student’s parents. In these cases, both the student and the student’sparents must be income eligible for the student to receive HCV assistance. If, however, a studentin these circumstances is determined independent from his/her parents in accordance with PHApolicy, the income of the student’s parents will not be considered in determining the student’seligibility.The new law does not apply to students who reside with parents who are applying to receiveHCV assistance. It is limited to students who are seeking assistance on their own, separatelyfrom their parents.DefinitionsIn determining whether and how the new eligibility restrictions apply to a student, the PHA willrely on the following definitions [FR 4/10/06, p. 18148].Dependent ChildIn the context of the student eligibility restrictions, dependent child means a dependent child of astudent enrolled in an institution of higher education. The dependent child must also meet thedefinition of dependent in 24 CFR 5.603, which states that the dependent must be a member ofthe assisted family, other than the head of household or spouse, who is under 18 years of age, is aperson with a disability, or is a full-time student. Foster children and foster adults are notconsidered dependents.Independent StudentPHA PolicyThe PHA will consider a student “independent” from his or her parents and the parents’income will not be considered when determining the student’s eligibility if the followingfour criteria are all met:The individual is of legal contract age under state law.The individual has established a household separate from his/her parents for atleast one year prior to application for occupancy or the individual meets the U.S.Department of Education’s definition of independent student.To be considered an independent student according to the Department ofEducation, a student must meet one or more of the following criteria:Be at least 24 years old by December 31 of the award year forwhich aid is sought© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-18
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- Page 31 and 32: 1-I.A. OVERVIEWPART I: THE PHAThis
- Page 33 and 34: 1-I.E. THE PHA’S COMMITMENT TO ET
- Page 35 and 36: e merged into a single tenant-based
- Page 37 and 38: What does HUD do?HUD has the follow
- Page 39 and 40: 1-II.D. APPLICABLE REGULATIONSAppli
- Page 41 and 42: Occupancy policies, including defin
- Page 43 and 44: Chapter 2FAIR HOUSING AND EQUAL OPP
- Page 45 and 46: The PHA will not use any of these f
- Page 47 and 48: PART II: POLICIES RELATED TO PERSON
- Page 49 and 50: 2-II.C. REQUEST FOR AN ACCOMMODATIO
- Page 51 and 52: Requests for accommodations must be
- Page 53 and 54: The Americans with Disabilities Act
- Page 55 and 56: PART III: IMPROVING ACCESS TO SERVI
- Page 57 and 58: y LEP persons to the PHA’s Housin
- Page 59 and 60: The HUD definition of a person with
- Page 61 and 62: PART I: DEFINITIONS OF FAMILY AND H
- Page 63 and 64: Remaining Member of a Tenant Family
- Page 65 and 66: 3-I.I. PERSONS WITH DISABILITIES AN
- Page 67 and 68: 3-I.L. ABSENT FAMILY MEMBERSIndivid
- Page 69 and 70: Absence of Entire FamilyPHA PolicyT
- Page 71 and 72: 3-I.M. LIVE-IN AIDEThe definition o
- Page 73 and 74: Using Income Limits for Eligibility
- Page 75: Eligible NoncitizensIn addition to
- Page 80 and 81: PART III: DENIAL OF ADMISSION3-III.
- Page 82 and 83: If any applicant household member d
- Page 84 and 85: Previous Behavior in Assisted Housi
- Page 86 and 87: HUD requires the PHA to provide pro
- Page 88 and 89: PHA PolicyAs a condition of receivi
- Page 90 and 91: The term stalking means:- To follow
- Page 92 and 93: or the extension period has elapsed
- Page 94 and 95: Has a physical, mental, or emotiona
- Page 96 and 97: EXHIBIT 3-2: DEFINITION OF INSTITUT
- Page 98 and 99: (ii) In the case of a veterinary sc
- Page 100 and 101: (b) Proprietary institution of high
- Page 102 and 103: 4-I.A. OVERVIEWPART I: THE APPLICAT
- Page 104 and 105: 4-I.D. PLACEMENT ON THE WAITING LIS
- Page 106 and 107: 4-II.C. OPENING AND CLOSING THE WAI
- Page 108 and 109: 4-II.F. UPDATING THE WAITING LIST [
- Page 110 and 111: PART III: SELECTION FOR HCV ASSISTA
- Page 112 and 113: Involuntary Displacement Preference
- Page 114 and 115: 4-III.D. NOTIFICATION OF SELECTIONW
- Page 116 and 117: Chapter 5BRIEFINGS AND VOUCHER ISSU
- Page 118 and 119: Oral Briefing [24 CFR 982.301(a)]Ea
- Page 120 and 121: 5-I.C. FAMILY OBLIGATIONSObligation
- Page 122 and 123: The family must notify the PHA with
- Page 124 and 125: Single person families will be allo
When a PHA determines that an applicant family does not include any citizens, nationals,or eligible noncitizens, following the verification process, the family will be sent awritten notice within 10 business days of the determination.The notice will explain the reasons for the denial of assistance, that the family may beeligible for proration of assistance, and will advise the family of its right to request anappeal to the United States Citizenship and Immigration Services (USCIS), or to requestan informal hearing with the PHA. The informal hearing with the PHA may be requestedin lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The noticemust also inform the applicant family that assistance may not be delayed until theconclusion of the USCIS appeal process, but that it may be delayed pending thecompletion of the informal hearing process.Informal hearing procedures are contained in Chapter 16.Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]For new occupants joining the assisted family, the PHA must verify status at the first interim orregular reexamination following the person’s occupancy, whichever comes first.If an individual qualifies for a time extension for the submission of required documents, the PHAmust grant such an extension for no more than 30 days [24 CFR 5.508(h)].Each family member is required to submit evidence of eligible status only one time duringcontinuous occupancy.PHA PolicyThe PHA will verify the status of applicants at the time other eligibility factors aredetermined.3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218]Refer to Chapter 17 regarding applicant Social Security Number (SSN) disclosure andverification.3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230,HCV GB, p. 5-13]HUD requires each adult family member, and the head of household, spouse, or cohead,regardless of age, to sign form HUD-9886, Authorization for the Release of Information/PrivacyAct Notice, and other consent forms as needed to collect information relevant to the family’seligibility and level of assistance. Chapter 7 provides detailed information concerning theconsent forms and verification requirements.The PHA must deny admission to the program if any member of the applicant family fails to signand submit the consent forms for obtaining information in accordance with 24 CFR 5, SubpartsB and F [24 CFR 982.552(b)(3)].© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-17
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