74 FR 68924 amending 24 CFR Parts 5 and 908 – Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Implementation and Enterprise Income Verification System – Amendments [12/29/09]

This final rule, which takes effect on January 31, 2010, relates to the requirement that public housing agencies and multifamily HUD housing owners and managers use the Enterprise Income Verification (EIV) system for program applicants and participants. This rule follows the proposed rule published on October 15, 2009 on which HUD received numerous comments, including comments from housing advocates and organizations. As was required in the proposed rule, this final rule requires all applicants and program participants to submit a social security number to verify income except for any current program participants who have previously submitted a valid SSN and current participants 62 years of age or older as of January 31, 2010. New households members 6 years and older and those younger than 6 who have been issued a SSN must also submit their SSN.

Accepted forms of SSN documentation under the rule are (1) a valid social security card issued by the Social Security Administration; 2) an original document issued by federal or state government agency with the SSN and name of the applicant or participant plus other identifying information; or 3) “such other evidence of the SSN that HUD may prescribe in administrative instructions.”

The three technical changes from the October 15 propose rule are clarifications that 1) new household members under 6 years old who already have an SSN must submit the requisite info regarding the SSN; 2) that an entire household could lose its tenancy if one member fails to comply with the SSN disclosure requirements, subject to HUD exemptions provided HUD regulations; and 3) that the senior exemption applies for all future income examinations, including if the senior moves to a new HUD-assisted property. [Download.]