The Secure and Fair Mortgage Licensing Act (SAFE Act) was enacted on July 30, 2008 as part of the Housing and Economic Recovery Act of 2008. The SAFE Act, among other things, requires states to adopt licensing and registration requirements for loan originators within certain minimum standards. If HUD determines that a state fails to establish such minimum standards consistent with the SAFE Act, HUD must then establish and implement a licensing system in that state. This proposed rule sets forth the SAFE Act’s minimum licensing requirements for loan originators and delineates the HUD procedure for determining a state’s compliance therewith and procedures for taking over the licensing system in the event of a state’s non-compliance. Comments on this proposed rule are due on February 16, 2010. [Download.]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
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HUD Notice H 9-20 – Enterprise Income Verification (EIV) System [12/07/09]
Related to the most recent federal housing related posting, we post a link to the above-entitled HUD Housing Notice that may be of use to advocates. A primary purpose of this Notice is to provide updated guidance to owners and management agents of HUD assisted housing regarding the use of data in EIV for verifying employment and income at recertification of individuals participating in HUD rental assistance programs. [Click here to get to the HUDCLIPS page and then click on the link to H 9-20.]
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.]
ACIN I-93-09: Letter Of Intent To Request Participation In The Transitional Housing Placement Program or Program-Plus County Coordinators Assignments (12/31/09)
Notice of a change in process for submitting the Letter of Intent to CDSS for counties (new and continuing) participating in THPP and/or THP-Plus. [Download]
ACL 09-86: Notification of Relatives (12/29/09)
This ACLs advises county child welfare and probation departments of the requirement to provide notification to relatives of children being placed into out-of-home care. Effective January 1, 2010, social workers and probation officers must exercise due diligence to identify and engage relatives and to provide notice to those relatives when a child is removed from their home. Within 30 days of a child’s removal from the home, the county must conduct an investigation to identify and locate all grandparents, adult siblings and other adult relatives, including those suggested by the parents. Due diligence efforts shall include asking the child in an age-appropriate manner about relatives important to the child and obtaining information regarding the location of the child’s adult relatives. Parents are required to disclose to the social worker the names, addresses and any known identifying information of any maternal or paternal relatives of the child. There is preferential consideration for placement is given to an adult who is a grandparent, aunt, uncle or sibling of the child, and DV exceptions to the notice requirement. The letter also sets out the requirements for the content of the notice, and special facts for probation cases. [Download]
ACL 09-85: California Alliance of Child and Family Services v. Wagner: Scope of Injunction (12/28/09)
On December 14, 2009, the Court issued an amended Preliminary Injunction to prohibit the rate reduction for all children placed in group homes, whether or not they are federally eligible. Therefore, the state is enjoined from reducing rates for any children in group home care. For services rendered November 04, 2009 forward, counties shall pay the rates shown in the letter. If the county has already paid a non federally eligible child the lower rate, a supplemental check must be issued. [Download]