Cal. Civ. Code § 0770-01-05-.13

F.R. 5(e)). Section 214 of the Housing and Community
Development Act of 1980, as amended, prohibits the making of financial assistance available to persons
who are other than United States citizens, nationals, or certain categories of eligible noncitizens. Eligible
immigrants are those in an eligible category of noncitizens as specified by HUD. The THDA’s pre-
application notifies applicants that they will be required to submit evidence of citizenship status before
they are determined eligible for the HCV Program. Individuals who are not United States citizens,
nationals, or eligible noncitizens may elect not to contend their status.

(1) Family Eligibility and Subsidy Status under the Noncitizen Rule.

(a) Eligible for Full Assistance. The entire household provides documentation that each
member is either a United States citizen, United States national, or eligible immigrant
with verification from the United States Citizen and Immigration Services (USCIS).

(b) Eligible for Full Assistance Pending Verification of Status. This applies:

1. When the household provides documentation of eligible immigrant status, but the
USCIS verification is not completed; or

2. When the household is currently participating in the hearing process in reference
to its ineligible noncitizen status.

(c) Mixed Families. A household is eligible for assistance as long as at least one member
of the household is a citizen or eligible noncitizen. Households that include both eligible
and ineligible individuals are referred to as “mixed families.” Unless a mixed family
qualifies for continuation of full assistance or temporary deferral of termination of
assistance as outlined below, a mixed family will be given notice that their assistance
will be prorated and that they can request a hearing if they contest that determination.

1. Qualified for Continuation of Full Assistance. Mixed families may qualify for
continued full assistance if all four of the following conditions are met:

(i) The household was receiving assistance under a Section 214 covered
program as of June 19, 1995, when the Noncitizens rule became effective;
and

(ii) The head of household or spouse has eligible immigration status (24
C.F.R. 5.506); and

(iii) The only other people in the family without eligible immigration status are
the head of household, spouse, and parents or children of the head or
spouse; or

(iv) If the family was granted continued assistance after November 29, 1996,
then the assistance must be prorated.

2. Prorated Assistance. When one or more household members do not provide
acceptable documentation of their citizenship or immigration status within the
timeframe specified under 0770-01-05-.13(2)(c)1. and 2. below, the household’s
assistance, or subsidy, is prorated or calculated based on the percentage of the
household members that did provide the acceptable documentation.

(i) All mixed families who were receiving housing assistance as of June 19,
1995, but do not qualify for continuation of full assistance must be offered
prorated assistance.

3. Temporary Deferral of Termination of Assistance. Under this provision, the
household remains at full subsidy for the temporary deferral period.

(i) This is an option for currently assisted mixed families not eligible for
continued assistance that do not want prorated assistance and households
assisted as of June 19, 1995, that do not have any eligible members.

(ii) The temporary deferral period is to provide additional time to such
households to locate other affordable housing that is appropriate in size, is
not substandard, does not result in a payment greater than one hundred
twenty-five percent (125%) of what the household was currently paying
towards utilities and rent.

(iii) The initial deferral period is granted for six (6) months. One extension of an
additional 6 months may be granted if the household can demonstrate that
they have actively searched for other appropriate housing and that no such
housing is available. The temporary deferral of termination of assistance is
not allowed to exceed one (1) calendar year.

(iv) After the temporary deferral period has expired, the THDA will make the
option of prorated assistance available to the household.

(I) If the household requests the proration, the subsidy is adjusted
accordingly and the household remains on the program.

(II) If the household does not request the proration, the household’s
assistance is terminated.

(d) Non-eligible Members. Applicant households that include only non-eligible members
are ineligible for assistance and will be denied admission with an opportunity for a
hearing, even if it is a single pregnant individual.

1. Except, a participant household without any eligible members who was receiving
assistance as of June 19, 1995 will be eligible for temporary deferral of
termination of assistance if the household desires. See 0770-01-05-.13(1)(c)3.

(e) Noncitizen Students. A noncitizen student is defined by HUD in the noncitizen
regulations and is not eligible for assistance. This prohibition on assistance extends to
noncitizen spouses and noncitizen children as well. Citizen spouses and citizen
children are not prohibited from receiving assistance.

1. A noncitizen student is defined as a noncitizen who meets the following criteria:

(i) Has a residence in a foreign country with no intention of abandoning it; and

(ii) Is a student qualified to pursue full-time study; and

(iii) Is admitted to the United States temporarily and solely for educational
purposes.

2. Appeals. For this eligibility requirement, an applicant is entitled to a hearing
exactly like those provided for HCV Program participants.

(2) Verification.

(a) A household must provide verification that identifies each household member as a U.S.
citizen, a U.S. national, an eligible noncitizen, or an ineligible noncitizen and submit the
documents discussed below for each member. Once eligibility to receive assistance
has been verified for an individual, it need not be collected or verified again during
continuously assisted occupancy (24 C.F.R. 5.508(g)(5)).

(b) Citizen Declaration Form. When an applicant household is selected from the waiting
list, each household member, regardless of age, must sign a Citizen Declaration form.
A parent or legal guardian may sign for a minor. When a new member is added to the
household and is residing in the unit, the new member must complete a Citizen
Declaration form. This form need only be signed once.

(c) Other Documentation Required.

1. Citizens and Nationals.

(i) Citizen Declaration signed, no further verification of citizenship is needed.

(I) HUD requires a declaration for each member who claims to be a
U.S. citizen or national, which must be signed personally by any
household member eighteen (18) years of age or older or by a
guardian for minors.

(II) The THDA also requests verification of legal identity by requiring
presentation of a birth certificate, United States passport, or other
appropriate documentation. See 0770-01-05-.11(5)(a).

(III) Household members who claim U.S. citizenship or national status
will not be required to provide additional documentation unless the
THDA receives information indicating that an individual’s declaration
may not be accurate.

2. Person Claiming Eligible Immigrant Status. The documentation required for
noncitizens claiming eligible immigration status varies depending upon factors
such as the date the person entered the United States, the conditions under
which eligible immigration status has been granted, age, and the date on which
the household began receiving HUD-funded assistance.

(i) Age sixty-two (62) or older and who was receiving assistance on or before
June 19, 1995.

(I) Citizen Declaration signed, no further verification of citizenship
needed; and

(II) Proof of age must be submitted.

(ii) All other persons claiming eligible immigrant status. Household members,
under the age of 62 who claim eligible immigration status, must present the
applicable United States Citizenship and Immigration Services (USCIS)
documents to the THDA to verify. The THDA will follow all USCIS protocols
for verification of eligible immigration status. Acceptable documentation is
as follows.

(I) Citizen Declaration signed;

(II) Verification Consent form signed;

(III) Verification documentation submitted (must submit original
documents for the THDA to review and then copies will be
maintained in the file).

I. Form I-551 Alien Registration Receipt Card (for permanent
resident aliens) and Form I-94 Arrival-Departure Record
annotated with “Admitted as a Refugee pursuant to Section
207,” “Section 208” or “Asylum,” “Section 243 (h),”
“Deportation Stayed by Attorney General,” or “Paroled
pursuant to Section 221(d)(5) of the USCIS,” and Form I-688
Temporary Resident Card annotated “Section 245A” or
Section 210.”

II. Form I-94 Arrival-Departure Record with no annotation
accompanied by:

A. A final court decision granting asylum, but only if no
appeal is taken, or

B. A letter from a USCIS asylum officer granting asylum, if
application filed on or after October 1, 1990 or from a
USCIS district director granting asylum, if application
filed before October 1, 1990, or

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, and

III. Form I-688 B Employment Authorization Card annotated
“Provision of Law 274a.12(11)” or “Provision of Law 247a.12.”

(IV) Such household member may also submit a receipt issued by the
USCIS 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

(V) Other acceptable evidence. If other documents are determined by
the USCIS to constitute acceptable evidence of eligible immigration
status, they will be announced by notice published in the Federal
Register.

(iii) The THDA initiates the INS-SAVE verification, primary, and if required,
secondary.

3. Persons Who Declare Ineligibility. List the person on the Listing of Ineligible
Family Members and no further verification is needed.

(d) If an individual is found to be ineligible, the household’s level of assistance will be
reevaluated and prorated at that time.

(e) Timeframe for Submitting Citizenship Documentation.

1. Applicants and Participants must submit the documentation within fourteen
calendar (14) days of a request by the THDA.

2. Extensions may be granted to household members who request an extension in
writing to the THDA if:

(i) The required declaration certifying eligible immigration status is submitted;
and

(ii) The household member certifies that the evidence is temporarily
unavailable, therefore additional time is required; and

(iii) The household member certifies that prompt and diligent efforts will be
made to obtain evidence within a reasonable timeframe, not to exceed
thirty (30) days.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Parts 5 and 982.
Administrative History: Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed
September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective
September 2, 2015. Amendments filed June 11, 2024; effective September 9, 2024.