HUD Housing Notice § 2010-08

Implementation of Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System - Amendments; Final Rule (HUD Housing Notices)

HUD guidance — not codified law
In Force
Verified 10/6/2026 · Next check 10/13/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD Housing Notice § 2010-08
           U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT



Special Attention of:                                                   NOTICE: H 10-08

Multifamily Hub Directors                                               Issued: April 13 2010,
Multifamily Program Center Directors
Rural Housing Services (RHS) Directors                                  Expires: April 30, 2011
Supervisory Housing Project Managers
Housing Project Managers
Contract Administrators
Multifamily Owners and Management Agents                                ___________________
                                                                        Cross References:



Subject:      Implementation of Refinement of Income and Rent Determination Requirements
              in Public and Assisted Housing Programs: Implementation of the Enterprise
              Income Verification System - Amendments; Final Rule

I.     Purpose

       The purpose of this Notice is to provide instructions to owners and management agents
       (O/As) participating in one of Multifamily Housing’s rental assistance programs listed in
       Section III of this Notice, on the new requirements found in the Refinement of Income
       and Rent Determination Requirements in Public and Assisted Housing Programs:
       Implementation of the Enterprise Income Verification System – Amendments; Final
       Rule, published in the Federal Register on December 29, 2009. A copy of the final rule
       is attached to this Notice and is also located at
       http://edocket.access.gpo.gov/2009/pdf/E9-30720.pdf.

II.    Background of Final Rule

       In 2001, OMB released the President’s Management Agenda which established the
       reduction of erroneous payments as a key government-wide priority, evidenced by the
       Eliminating Improper Payments initiative, which required agencies to measure improper
       payments annually, develop improvement targets and corrective actions, and track
       results. At that time, HUD established the Rental Housing Integrity Improvement Project
       (RHIIP) to address the causes of errors and improper payments in HUD’s assisted
       housing programs and to ensure that the right benefits go to the right persons.

       On June 19, 2007, to be consistent with the RHIIP initiative, HUD published for public
       comment a proposed rule to revise HUD’s public and assisted housing program
       regulations. The purpose of the proposed rule was to address HUD’s priority of reducing
       errors in subsidy payments to public housing authorities and O/As caused by incorrect
       income determinations and rent calculations in both HUD’s public housing program and
in tenant-based and project-based rental assistance programs. After consideration of
public comments, the final rule was published on January 27, 2009. To be consistent
with Administration policy to review rules issued during the transition from one
Administration to another, HUD re-opened the January 27, 2009, final rule for public
comment, and specifically solicited public comment on extending the effective date of
the rule. The public comments received highlighted certain regulatory provisions that
required further clarification and ones that were outside the purpose of the rule, which is
full implementation of the Enterprise Income Verification (EIV) system. By final rule
published on August 28, 2009, HUD delayed the effective date of the January 27, 2009,
final rule to January 31, 2010, and requested public comment on the proposed
amendments to the final rule entitled Refinement of Income and Rent Determination
Requirements in Public and Assisted Housing Programs: Implementation of Enterprise
Income Verification through publication of a proposed rule on October 15, 2009. The
Refinement of Income and Rent Determination Requirements in Public and Assisted
Housing Programs: Implementation of the Enterprise Income Verification System—
Amendments; Final Rule was published December 29, 2009, making this rule effective
January 31, 2010, superseding the January 27, 2009, final rule. This rule also supports
Executive Order 13520, Reducing Improper Payments, signed by President Barack
Obama on November 20, 2009.

In accordance with the directions from the Office of the Federal Register, the December
29, 2009, final rule, because it is the later published rule, supersedes the January 27,
2009, final rule, which also took effect on January 31, 2010. Accordingly, only the
regulatory amendments of the December 29, 2009, final rule are effective and applicable.

The use of the EIV system by O/As as an upfront income verification (UIV) technique,
will serve as a valuable tool in validating tenant reported income during interim and
annual recertifications of family income; as well as in streamlining the income
verification process, resulting in less administrative burden in complying with third party
verification requirements. EIV will help to identify and cure inaccuracies in housing
subsidy determinations, which will benefit O/As, tenants and taxpayers by ensuring that
the level of benefits provided on behalf of families is proper. Finally, the use of EIV will
assist in preventing fraud, waste and abuse within Multifamily Housing’s rental
assistance programs.

To make the EIV system as effective as possible, the subject final rule also made certain
changes to the requirements for disclosure and verification of a Social Security Number
(SSN). The SSN requirement stems from the Housing and Community Development Act
of 1987 which granted the Secretary of HUD the authority to require applicants and
participants (including their household members) to disclose their SSN in order to
participate in a HUD rental assistance program. The purpose of this statutory provision
was to enable the Department to provide accurate rental assistance on behalf of the family
and to prevent fraud, waste and abuse in the rental assistance programs covered under the
HCD Act.

The SSN, along with the name and date of birth of an individual, is used by HUD to

                                         2
       verify the individual’s identity, obtain employment and income information about the
       individual through computer matching programs for verification purposes at
       recertification and to ensure that the Department is not paying duplicate rental assistance
       on behalf of that individual.

III.   Applicability

       This Notice applies to the following programs:

       A.     Project-based Section 8
              1. New Construction
              2. State Agency Financed
              3. Substantial Rehabilitation
              4. Section 202/8
              5. Rural Housing Services Section 515/8
              6. Loan Management Set-Aside (LMSA)
              7. Property Disposition Set-Aside (PDSA)
       B.     Section 101 Rent Supplement
       C.     Section 202/162 Project Assistance Contract (PAC)
       D.     Section 202 Project Rental Assistance Contract (PRAC)
       E.     Section 811 PRAC
       F.     Section 236
       G.     Section 236 Rental Assistance Payment (RAP)
       H.     Section 221(d)(3) Below Market Interest Rate (BMIR)

IV.    Change in Social Security Number (SSN) Requirements

       A.     Change in Regulation

              1.       Revised Regulation

                       The regulation at 24 CFR 5.216 now requires that assistance applicants
                       and tenants, excluding tenants age 62 and older as of January 31, 2010,
                       whose initial determination of eligibility was begun prior to January 31,
                       2010, and those individuals who do not contend eligible immigration
                       status, to disclose and provide verification of the complete and accurate
                       SSN assigned to them. The requirement to disclose and provide
                       verification of a SSN is no longer limited to those assistance applicants
                       and tenants six years of age and older. In addition, the process of having
                       an applicant household certify they have a SSN for each household
                       member six years of age and older, and continuing with the recertification
                       process until the time of their move-in certification is no longer applicable.

              2.       Exceptions to Disclosure of SSN

                       The SSN requirements do not apply to:

                                                 3
(a)    Individuals who do not contend eligible immigration status.

       (1)     Mixed Families: For projects where the restriction on
               assistance to noncitizens applies and where individuals are
               required to declare their citizenship status, the existing
               regulations pertaining to proration of assistance or
               screening for mixed families must continue to be followed.
               In these instances, the owner will have the tenant’s
               Citizenship Declaration on file whereby the individual did
               not contend eligible immigration status to support the
               individual not being subject to the requirements to disclose
               and provide verification of a SSN.

               NOTE: The O/A may not deny assistance to mixed
               families due to nondisclosure of a SSN by an individual
               who does not contend eligible immigration status.

       (2)     For Section 221(d)(3) BMIR, Section 202 PAC, Section
               202 PRAC and Section 811 PRAC properties, the
               restriction of assistance to noncitizens does not apply.
               Individuals living at one of these properties who do not
               contend eligible immigration status must sign a
               certification, containing the penalty of perjury clause,
               certifying to that effect. The certification will support the
               individual not being subject to the requirements to disclose
               or provide verification of a SSN. The certification must be
               retained in the tenant file.

               (See Handbook 4350.3 REV-1, Paragraphs 3-12 N, O and P
               for more information on mixed families and proration of
               assistance.)

NOTE: HUD regulations do not prohibit an individual (head of household
with other eligible household members) with ineligible immigration status
from executing a lease or other legally binding contract. However, if your
state law prohibits this, the family must not be admitted into the program.

(b)    Individuals age 62 or older as of January 31, 2010, whose initial
       determination of eligibility was begun before January 31, 2010.

       The eligibility determination is based on participation in either a
       Public and Indian Housing or Multifamily HUD assisted program.
       The eligibility date is based on the initial effective date of the form
       HUD-50059 or form HUD-50058, whichever is applicable.


                          4
      (1)       The exception status for these individuals is retained if the
                individual moves to a new assisted unit under any HUD
                assisted program or if there is a break in his or her
                participation in a HUD assisted program.

      (2)       When determining the eligibility of an individual who
                meets the exception requirements for SSN disclosure and
                verification, documentation must be obtained from the
                owner of the property where the initial determination of
                eligibility was determined prior to January 31, 2010, that
                verifies the applicant’s exemption status. This
                documentation must be retained in the tenant file. An O/A
                must not accept a certification from the applicant stating
                they qualify for the exemption.


            Example:
               Mary Smith does not have a SSN. Mary does not
               have to disclose or provide verification of a SSN
               because she was 73 years old as of January 31,
               2010, and her initial eligibility for HUD’s rental
               assistance program was determined when she
               moved into Hillside Apartments on February 1,
               2009 (initial eligibility was determined prior to
               January 31, 2010.)

               Mary moved out of Hillside Apartments on April
               10, 2010, and moved in with her daughter who
               was not receiving HUD’s rental assistance.

               Mary then applied at Jones Village, another HUD
               subsidized apartment complex, on November 5,
               2010. Because Mary’s initial eligibility to
               receive HUD’s rental assistance was begun prior
               to January 31, 2010 (February 1, 2009), Mary is
               not required to meet the SSN disclosure and
               verification requirements as long as the owner
               can verify Mary’s initial eligibility date at
               Hillside Apartments was begun prior to January
               31, 2010.


(c)   Existing tenants as of January 31, 2010, who have previously
      disclosed their SSN and HUD has determined their SSN to be
      valid.


                           5
                  O/As may confirm HUD’s validation of the tenant’s SSN by
                  viewing the household’s Summary Report or the Identity
                  Verification Report in the EIV system.

B.   Timeframe for Providing Social Security Numbers

     1.    Applicants

           (a)    Applicants currently on or applying to waiting list

                  Applicants do not need to disclose or provide verification of a SSN
                  for all non-exempt household members at the time of application
                  and for placement on the waiting list. However, applicants must
                  disclose and provide verification of a SSN for all non-exempt
                  household members before they can be housed.

           (b)    Housing applicants from the waiting list

                  If all non-exempt household members have not disclosed and/or
                  provided verification of their SSNs at the time a unit becomes
                  available, the next eligible applicant must be offered the available
                  unit.

                  The applicant who has not disclosed and/or provided verification
                  of SSNs for all non-exempt household members has 90 days from
                  the date they are first offered an available unit to disclose and/or
                  verify the SSNs. During this 90-day period, the applicant may, at
                  its discretion, retain its place on the waiting list. After 90 days, if
                  the applicant is unable to disclose and/or verify the SSNs of all
                  non-exempt household members, the applicant should be
                  determined ineligible and removed from the waiting list.

     2.    Tenants

           (a)    Timeframe for providing SSN

                  (1)     All tenants, except those individuals age 62 or older as of
                          January 31, 2010, whose initial determination of eligibility
                          was begun before January 31, 2010 (based on the effective
                          date of the form HUD-50059 or form HUD-50058,
                          whichever is applicable), and those individuals who do not
                          contend eligible immigration status, must disclose and
                          provide verification of their SSN at the time of their next
                          interim or annual recertification if:

                          (i)     They have not previously disclosed a SSN;

                                     6
             (ii)    Previously disclosed a SSN that HUD or the SSA
                     determined was invalid; or

             (iii)   Been issued a new SSN.

      (2)    If a tenant fails to provide a valid and verified SSN, the
             household is subject to termination of tenancy in
             accordance with 24 CFR 5.218. See Paragraph E.1. below.

(b)   SSN Not Previously Disclosed

      The head of household must bring SSN verification, through one
      or more of the documents listed in Section IV.D Verification, to
      the recertification meeting for any household member who has not
      disclosed and provided verification of their SSN.

(c)   Invalid SSN Disclosed

      The head of household must be notified when EIV pre-screening or
      the SSA validation determines that a household member has
      provided an invalid SSN. See Section IV.D.1(d) for information
      on the Failed EIV Pre-Screening Report and the Failed
      Verification Report and Section IV.D.2 for acceptable SSN
      verification documentation.

(d)   Assignment of a New SSN

      If a tenant or any member of a tenant’s household is or has been
      assigned a new SSN, the tenant must provide the SSN and
      documentation to verify the SSN (see Section D. Verification
      below) to the O/A at:

      (1)    The time of receipt of the new SSN; or

      (2)    The next interim or regularly scheduled recertification;
             or

      (3)    Such earlier time as specified by the O/A.

(e)   Adding a Household Member

      (1)    Age Six or Older

             When a tenant requests to add a household member who is
             age six or older, the documentation of the SSN as

                        7
                          referenced in Section IV.D.2 of this notice for the new
                          household member, must be provided to the O/A at the
                          time of the request or at the time the recertification that
                          includes the new household member is processed. The O/A
                          must not add the new household member until such time as
                          the documentation is provided.

                   (2)    Child Under the Age of Six

                          (i)    With a SSN - When adding a household member
                                 who is a child under the age of six with a SSN, the
                                 child’s SSN must be disclosed and verification
                                 provided at the time of processing the recertification
                                 of family composition that includes the new
                                 household member.

                          (ii)   Without a SSN - If the child does not have a SSN,
                                 the O/A must give the household 90 days in which
                                 to provide documentation of a SSN for the child.
                                 An additional 90-day period must be granted by the
                                 O/A if the failure to provide documentation of a
                                 SSN is due to circumstances that are outside the
                                 control of the tenant. Examples include but are not
                                 limited to: delayed processing of the SSN
                                 application by the SSA, natural disaster, fire, death
                                 in family, etc. During this time period, the child is
                                 to be included as part of the household and will
                                 receive all of the benefits of the program in which
                                 the tenant is involved, including the dependent
                                 deduction.

                                 A TRACS ID will be assigned to the child until the
                                 documentation of the SSN is required to be
                                 provided. At the time of the disclosure of the SSN,
                                 an interim recertification must be processed
                                 changing the child’s TRACS ID to the child’s
                                 verified SSN. If the SSN is not provided, the
                                 household is subject to the penalties described in
                                 Paragraph E. below.

C.   Applying for a Social Security Number

     An individual who has never been issued a SSN card or who has lost their SSN
     card may complete Form SS-5 – Application for a Social Security Card to request
     an original or replacement SSN card, or change information on his/her SSA
     record. The form is attached to this Notice and also available online at

                                    8
     www.ssa.gov, or can be obtained at the local SSA office. O/As should provide
     assistance in applying for a SSN to any applicant or tenant who requests it.

D.   Verification

     1.     The O/A shall verify and document each disclosed SSN by:

            (a)     Obtaining the documentation listed in 2 below from each member
                    of the applicant’s or tenant’s household.

            (b)     Making a copy of the original documentation submitted, returning
                    the original to the individual and retaining the copy in the file
                    folder;

            (c)     Recording the SSN on line 45 of the form HUD-50059 and
                    transmitting the data to TRACS in a timely manner. O/As are
                    encouraged to transmit the form HUD-50059 data within 30
                    calendar days, to enable HUD to initiate its computer matching
                    efforts; and

            (d)     To ensure that the SSN transmitted to TRACS is valid, O/As must
                    use the Failed EIV Pre-Screening Report and the Failed
                    Verification Report in EIV in accordance with the instructions in
                    the current HUD Housing Notice, Enterprise Income Verification
                    System.

                    (1)    The Failed EIV Pre-Screening Report identifies tenants
                           who failed the EIV pre-screening test due to invalid or
                           missing personal identifiers.

                    (2)    The Failed Verification Report identifies tenants that have
                           had their personal identifiers sent to SSA, via HUD’s
                           computer matching program with the SSA, but the data
                           could not be verified by SSA due to missing or invalid
                           information or other SSA issues.

     2.     Acceptable Verification Documents – Most individuals should be able to
            verify all SSNs with a Social Security card. However, if the applicant or
            tenant cannot produce the Social Security card for any or all non-exempt
            household members, other documents showing the household member’s
            SSN may be used for verification. He or she may be required to provide
            one or more of the following alternative documents to verify his or her
            SSN.

            (a)     Original document issued by a federal or state government agency
                    which contains the name, SSN, and other identifying information

                                     9
            of the individual.
     (b)    Drivers license with Social Security Number
     (c)    Earnings statements on payroll stubs
     (d)    Bank statement
     (e)    Form 1099
     (f)    SSA benefit award letter
     (g)    Retirement benefit letter
     (h)    Life insurance policy
     (i)    Court records

     Further information regarding acceptable verification documents can be
     found in HUD Handbook 4350.3, REV-1 Occupancy Requirements of
     Subsidized Multifamily Housing Programs.

3.   Rejection of Documentation

     The O/A must reject a document that:

     (a)    Is not an original document; or

     (b)    Is the original document but it has been altered, mutilated, or is not
            legible; or

     (c)    Appears to be a forged document (e.g., does not appear to be
            authentic).

     The O/A must explain to the applicant or tenant the reason(s) why the
     document(s) is not acceptable and request the individual obtain acceptable
     documentation of the SSN and submit it to the O/A within a reasonable
     time frame.

4.   Actions Once SSN is Verified

     (a)    Once the individual’s SSN has been verified, the O/A should
            remove and destroy the copy of the documentation referenced in
            Paragraph D.1.b above by no later than the next recertification of
            family income or composition.

            (1)    Paper documentation should be destroyed by shredding,
                   pulverizing or burning.

            (2)    Electronic documentation should be destroyed by erasing
                   or permanently deleting the file.

            (3)    Additional guidance related to destruction of records is
                   available in HUD Handbook 2400.25, REV-2: HUD

                              10
                          Information Technology Security Policy, dated October 1,
                          2008. The handbook is available online at:
                          http://www.hud.gov/offices/adm/hudclips/handbooks/admh
                          /2400.25/index.cfm.

            (b)    The retention in the tenant file of the Household Summary Report
                   from the EIV system which will report the status of the identity
                   verification process provides verification of the SSN. Retaining
                   this report in the tenant file and destroying the copy of the SSN
                   documentation will minimize the risk of exposing the individual’s
                   SSN. O/As are encouraged to minimize the number of tenant
                   records that contain documents which display the full nine-digit
                   SSN.

E.   Penalties for a Tenant’s Non-disclosure of SSN

     1.     Termination of Tenancy – O/As must terminate the tenancy of a tenant
            and the tenant’s household if the tenant does not meet the SSN disclosure,
            documentation and verification requirements in the specified timeframe as
            the household is in non-compliance with its lease.

            (a)    This termination of tenancy includes those households who have
                   not disclosed and verified the SSN for any child under the age of 6
                   who did not have a SSN when added to the household with the
                   understanding that this SSN would be provided within 90 days
                   after admission, or within the 90-day extension period, if
                   applicable.

            (b)    There is no proration of assistance for those household members
                   who are required to obtain a SSN but who fail to disclose and
                   verify their SSN.

            (c)    Termination of tenancy does not apply to those households with
                   individuals who do not contend eligible immigration status or who
                   are age 62 or older as of January 31, 2010, whose initial
                   determination of eligibility was begun before January 31, 2010
                   (based on the effective date of the form HUD-50059 or form
                   HUD-50058, whichever is applicable), unless there are other
                   members of the household who have not disclosed or provided
                   verification of their SSNs.

     2.     Deferring Termination of Tenancy – The O/A may defer termination of
            tenancy and provide the tenant with an additional 90 days past their next
            regularly scheduled recertification of income and family composition to
            become compliant with the SSN disclosure and verification requirements.


                                    11
                  (a)    The deferral is at the O/A’s discretion and must only be provided if
                         failure to meet the SSN requirements was due to circumstances
                         outside the control of the tenant and there is likelihood that the
                         tenant will be able to disclose and provide verification of the
                         needed SSN(s) by the deadline date.

                  (b)    After this 90-day deferral, if the tenant has not disclosed and
                         provided verification of the needed SSN(s), the O/A must pursue
                         termination of tenancy.

V.   Mandatory Use of the Enterprise Income Verification (EIV) System

     A.    New Regulation

           The new regulation at 24 CFR 5.233 requires O/As to incorporate use of EIV in
           its entirety:

           1.     As a third-party source to verify tenant employment and income
                  information during mandatory recertifications of family composition and
                  income, and

           2.     To reduce administrative and subsidy payment errors.

     B.    Implementing the Use of the EIV System

           1.     Effective January 31, 2010, it is mandatory that O/As use EIV:

                  (a)    At the time of recertification of family composition and income.

                  (b)    At other times as specified:


                         (1)     By HUD in the current Housing Notice Enterprise Income
                                 Verification (EIV) System.

                         (2)     In the O/A’s Tenant Selection Plan and Policies and
                                 Procedures.

           2.     In order to account for the 120 days permitted to process an annual
                  recertification, all recertifications with an effective date of June 1, 2010,
                  and beyond must reflect use of the EIV system. This date was determined
                  by adding 120 days to the January 31, 2010, effective date of the final
                  rule.

     C.    EIV System


                                           12
     1.     EIV Access

            The EIV system is part of HUD’s Secure Systems. In order to access the
            EIV system, a user must obtain access rights to the EIV system as either
            an EIV Coordinator or EIV User depending upon the required level of
            functionality in the system.

            Instructions for obtaining access to EIV are posted at:
            http://www.hud.gov/offices/hsg/mfh//rhiip/eiv/eivapps.cfm

     2.     EIV Use

            The current Housing Notice, Enterprise Income Verification System,
            provides instructions on use of EIV data for verifying, at the time of
            recertification, the employment and income of individuals participating in
            one of Multifamily Housing’s rental assistance programs listed in Section
            III of this Notice. The Notice also provides instructions for using the
            various reports in the EIV system. The Notice is posted at:
            http://portal.hud.gov/portal/page/portal/HUD/program_offices/administrati
            on/hudclips/notices/hsg

     3.     Monitoring Compliance

            Contract Administrators (Performance Based Contract Administrators
            (PBCAs), Traditional Contract Administrators (TCAs), and HUD staff)
            (CAs) must monitor the O/A’s compliance with the requirement to use
            EIV and the data contained in the EIV system. Information on monitoring
            EIV compliance is discussed in the Rent and Income Determination
            Quality Control Monitoring Guide for Multifamily Housing Programs. A
            copy of the Guide is located on the Multifamily RHIIP page at:
            http://www.hud.gov/offices/hsg/mfh//rhiip/mfhrhiip.cfm

D.   Penalties for Not Having Access To and/or Using EIV

     Effective January 31, 2010, O/As are required to have access to and begin using
     the EIV system as a third party verification source and as a supplement to
     reducing administrative and subsidy payment errors.

     1.     No Penalty Imposed

            Listserv and iMAX messages were posted beginning in mid-November
            2009, with instructions to submit a hardcopy Coordinator Access
            Authorization Form (CAAF) to the Multifamily Help Desk by December
            15, 2009, and complete the online request for certification by January 15,
            2010, in order to be assured of EIV access by January 31, 2010. If an O/A
            is able to provide verification that it met these deadlines, but has not yet

                                     13
     received access at the time of an on-site review, they will not be penalized
     for the inability to begin using the system on January 31, 2010.

     The O/A must:

     (a)    Present the initial hardcopy CAAF sent to the Multifamily Help
            Desk in order to verify that it was submitted by December 15,
            2009.

     (b)    Present a copy of the online CAAF for certification to verify that it
            was submitted by January 15, 2010.

     (c)    Follow-up with the Multifamily Help Desk if access has not been
            granted.

     (d)    Begin implementing use of EIV immediately upon receiving
            access.

2.   Penalty Imposed

     (a)    If it is determined that the O/A did not receive access to the EIV
            system by January 31, 2010, because it did not submit its CAAF to
            the Multifamily Help Desk by December 15, 2009, and/or did not
            complete the property assignment process by January 15, 2010, as
            instructed in Listserv and iMAX messages posted beginning mid-
            November 2009, did not begin using EIV as of January 31, 2010,
            or is not using EIV in accordance with the current EIV HUD
            Housing Notice:

            (1)      The CA must make this a finding on its report to the O/A.

            (2)      The O/A will incur a penalty of a five percent decrease in
                     the voucher payment for the month following the date the
                     violation was found.

            (3)      The O/A must make an adjustment on its next scheduled
                     voucher to adjust for the five percent decrease.

            (4)      The CA must monitor the O/A to ensure the adjustment is
                     made.




                               14
                   (b)    The O/A will have 30 days to cure the finding as a result of the on-
                          site review.
                          (1)    Once the O/A cures the finding by obtaining access to
                                 and/or using EIV, another adjustment to the voucher will be
                                 made by the O/A to collect the funds previously returned to
                                 HUD.
                          (2)    If the O/A fails to cure the finding within the time allotted,
                                 both the owner and the management agent will be flagged
                                 in HUD’s Active Partners Performance System (APPS).
                                 Once the finding is cured, the flag will be removed.

VI.   Notification to Applicants/Tenants of Regulation Changes

      A.    Change in the SSN Disclosure and Verification Requirements

            1.     Applicants

                   O/As must contact applicants currently on the waiting list notifying them
                   of the change in SSN requirements and that they will have to disclose and
                   provide verification of SSNs for all non-exempt household members
                   before they can be admitted.

            2.     Tenants

                   (a)    Notice must be given to the head of household indicating SSN
                          documentation must be brought to the recertification meeting for
                          all household members, except for those individuals over the age
                          of 62 as of January 31, 2010, whose initial determination of
                          eligibility was begun before January 31, 2010 (based on the
                          effective date of the form HUD-50059 or form HUD-50058,
                          whichever is applicable), and for those individuals who do not
                          contend eligible immigration status, who have:

                          (1)    Not disclosed their SSN;

                          (2)    Previously disclosed a SSN that HUD or the SSA
                                 determined was invalid; or

                          (3)    Been issued a new SSN.

                   (b)    Notice must be given to all tenants indicating the change in SSN
                          requirements when adding a new household member (see Section
                          IV.B.2.e).



                                           15
                      (c)     Concerning subparagraphs (a) and (b) above, ensure that these
                              requirements are provided in a translated form to individuals with
                              limited English proficiency.

       B.      Mandatory Use of EIV

               Tenants must be notified of the mandatory use of EIV by O/As. The Department
               has developed an EIV brochure titled EIV & You to assist the O/A in notifying
               tenants and applicants who have been selected from the waiting list for screening
               and final application processing. This brochure can be found on the Multifamily
               EIV website at http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/eivhome.cfm. The
               brochure can also be ordered by calling HUD at 800-767-7468 or faxing 202-708-
               2313. The brochure is required by Housing Notice H 2010-02 to be distributed at
               each annual recertification and when an applicant household has been selected
               from the waiting list for screening and final application processing.

VII.   Updating O/A’s Tenant Selection Plans and Policies and Procedures

       A.      The Tenant Selection Plan must be updated to include:

               1.     Changes in SSN requirements; and

               2.     Use of the EIV Existing Tenant Search as a part of the applicant screening
                      process.

       B.      Policies and Procedures must be updated to include use of the EIV reports:

               1.     At the time of recertification of family composition and income;

               2.     As required by HUD, e.g., monthly use of the Failed EIV Pre-screening
                      Report and Failed Verification Report (see the current Housing Notice,
                      Enterprise Income Verification (EIV) System); and

               3.     At other times as determined by the O/A.

VIII. Tools and Resources

            Refinement of Income and Rent Determination Requirements in Public and Assisted
            Housing Programs: Implementation of the Enterprise Income Verification System –
            Amendments; Final Rule
            http://edocket.access.gpo.gov/2009/pdf/E9-30720.pdf
            Current Housing Notice, Enterprise Income Verification (EIV) System; found on
            HUD’s HUDCLIPS Housing Notices Website at:
            http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/hudclip
            s/notices/hsg
            Multifamily Housing EIV Website:
                                               16
         http://www.hud.gov/offices/hsg/mfh//rhiip/eiv/eivhome.cfm
         Enterprise Income Verification (EIV 9.0) System User Manual for Multifamily
         Housing Program Users
         http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/usermanual.pdf
         Rental Housing Integrity Improvement Project (RHIIP) website
         http://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm
         ―Resolving Income Discrepancies Between Enterprise Income Verification (EIV)
         System Data and Tenant-Provided Income Information‖
         http://www.hud.gov/offices/hsg/mfh//rhiip/eiv/eivhome.cfm
         Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily
         Housing Programs
         http://www.hud.gov/offices/adm/hudclips/handbooks/hsgh/4350.3/index.cfm
         EIV Multifamily Help Desk
         Telephone: 202-708-7588
         Email: Mf_Eiv@hud.gov
         EIV Training conducted on December 16 and December 17, 2008, December 2009
         and February 25, 2010; Webcasts
         http://portal.hud.gov/portal/page/portal/HUD/webcasts/archives/multifamily
         EIV Training conducted on December 16 and December 17, 2008, and December
         2009; PowerPoint presentation
         http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/eivtraining.cfm
         A Guide to Interviewing for Owners of HUD Subsidized Multifamily Housing
         Programs
         http://www.hud.gov/offices/hsg/mfh/rhiip/casestudy/app_4.pdf
         HUD Notice H 2010-02 EIV & You Brochure – Requirements for Distribution and
         Use
         http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/hudclip
         s/notices/hsg/files/10-02hsgn.doc
         EIV & You Brochure:
         http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/eivhome.cfm
         Rent and Income Determination Quality Control Monitoring Guide for Multifamily
         Housing Programs
          http://www.hud.gov/offices/hsg/mfh/rhiip/qcguide.pdf

      If you have questions regarding this Notice, please contact your local Contract
      Administrator or local HUD field office.

IX.   Paperwork Reduction

      The information collection requirements contained in this notice have been approved by
      the Office of Management and Budget (OMB) under the Paperwork Reduction Act of
      1995 (44 U.S.C. 3520) and assigned OMB Control Number 2502-0204. In accordance
      with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not
      required to respond to, a collection of information unless the collection displays a
      currently valid OMB control number.

                                              17
                           _______________________________
                           David H. Stevens
                           Assistant Secretary for Housing –
                            Federal Housing Commissioner




Attachments:
Final Rule 2009
SS-5 Social Security Card Application




                             18

Source: Legislative text reproduced verbatim
Plain English

Housing Notice H 10-08, issued by HUD on April 13, 2010, implements a final rule (effective January 31, 2010) that updates how income and rent are determined in federally assisted multifamily housing programs. The rule expands Social Security Number (SSN) disclosure and verification requirements to cover virtually all household members regardless of age, with limited exceptions for certain elderly individuals and those not contending eligible immigration status. It also makes use of HUD's Enterprise Income Verification (EIV) system mandatory for owners and management agents when conducting recertifications of family income and composition, with the goal of reducing erroneous subsidy payments.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Owners and management agents (O/As) participating in the programs listed in Section III of Housing Notice H 10-08 are generally expected to collect and verify SSNs for all non-exempt household members before admission and at each recertification, using acceptable documentation such as Social Security cards or approved alternative documents. Compliant operators maintain EIV access, run required EIV reports (including the Failed Pre-Screening and Failed Verification Reports) at recertification and on a monthly basis, and update their Tenant Selection Plans and Policies and Procedures to reflect both the new SSN requirements and mandatory EIV use. Failure to obtain EIV access or use the system as required can result in a five percent reduction in voucher payments for the month following the identified violation, as outlined in Section V.D of the Notice.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in HUD-assisted multifamily properties covered by Housing Notice H 10-08 have a right to be notified of changes to SSN disclosure requirements and of the mandatory use of the EIV system by their property's owner or management agent. Certain individuals—including those age 62 or older as of January 31, 2010, whose initial eligibility was determined before that date, and those not contending eligible immigration status—are exempt from SSN disclosure requirements under Section IV of the Notice. Tenants who believe their household has been improperly handled under these rules may raise concerns with their property's Contract Administrator, contact their local HUD field office, or seek guidance from a tenant-rights organization familiar with HUD-assisted housing programs.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

Snapshot SHA:
Fetched:Oct 6, 2026, 09:51 PM UTC