24 CFR Parts 5, 92 and 908 – Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Proposed Delay of Effective Date (02/11/09)

This notice proposes a temporary delay in implementing final rule HUD regulations excluding persons based upon SSN: 74 Fed. Reg. 4832 (January 27, 2009), that would have required public and assisted housing residents to provide a valid social security number to qualify for the program. Importantly, this notice also clarifies that the social security number requirement would not apply to individuals in families who do not claim eligible immigration status under HUD’s non-citizen regulations, thus alleviating some of the concerns raised by housing and immigration advocates regarding the effect the version of the rule issued on January 27 would have on so-called “mixed” families in which not all family members claim eligible immigration status. Comments on the February 11 (delay) notice are due March 13, 2009 and can be submitted either online at www.regulations.gov (search Enterprise Income Verification) or by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410–0500. [Download.] The National Housing Law Project and the National Low Income Housing Coalition sent a memo to HUD on February 3 expressing concerns and commenting on the rule issued on January 27 prompting the proposed delay set forth in the instant notice.