Tenn. Comp. R. & Regs. 0770-01-05-.13

Current through January 8, 2025

Section 0770-01-05-.13 - CITIZENSHIP (24 C.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.

Tenn. Comp. R. & Regs. 0770-01-05-.13

Or iginal 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 9/9/2024.

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.