Section 6939.2 - Method for Determining Eligibility(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.(c) Pursuant to Section 434 of the PRAWORA (8 U.S.C. § 1644), any of the following information submitted by an applicant as reasonable evidence of the applicant's declared status under subsection (b) shall be submitted to the INS for verification: (1) The document presented indicates immigration status but does not include an alien registration or alien admission number.(2) The document is suspected to be counterfeit or to have been altered.(3) The document includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.(4) The document is one of the following: an INS Form 1-181b notification letter issued in connection with an INS Form 1-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form 1-94) or a foreign passport stamped "PROCESSED FOR 1-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for public benefits.(d) Pursuant to Section 434 of the PRAWORA (8 U.S.C. § 1644), where the Department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.Cal. Code Regs. Tit. 25, § 6939.2
1. New section filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37). Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. §§ 1621, 1622, 1641, 1642 and 1644; (62 Fed.Reg. 61345 et. seq. (Nov. 17, 1997).)
1. New section filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37).