Example – DHS Verification Process Delayed

John and Mary Yu brought in the immigration documents for John and for their two daughters immediately upon the owner’s request. Citizenship for Mary had already been determined when they first applied for assistance. John’s brother, who will live with them, has not yet been able to locate his papers. The SAVE system could not provide primary verification on the Yus, and secondary verification had to be requested.

The Yus were the fourth family on the waiting list for a 3-bedroom unit, but their name has come to the top of the list more rapidly than expected. First, there were two unexpected move-outs; then, two of the families above the Yus declined the units offered.

The owner must offer the Yus the available 3-bedroom unit. The owner will provide prorated assistance based on Mary being eligible, John and the two daughters having submitted their required immigration documentation in a timely manner and John’s brother not having submitted his required immigration documentation. The prorated assistance will be 4/5 of full assistance. If the immigration documentation collected later indicates that any family members are not eligible, the assistance will be prorated providing assistance only for the eligible family members. “If the owner receives the secondary verification information back from DHS and learns that the two daughters are eligible non-citizens but John is not an eligible non-citizen, the owner must process an interim recertification removing assistance for John. John’s brother still has not submitted any immigration documentation. The prorated assistance will now be 3/5 of full assistance. The owner must give the family the required 30-day notice of increase in their rent.

If, however, the owner receives the secondary verification information back from DHS and learns that the two daughters and John are eligible non-citizens and John’s brother submits his immigration documentation and is determined to be an eligible non-citizen, the owner will process an interim recertification providing full assistance to the family.

2. Once the owner has determined the citizenship/immigration status of a family assisted prior to completion of the verification or appeal process, the owner must do as follows:

   • a. Provide full assistance to a family that has established the eligibility of all of its members;

   • b. Offer continued prorated assistance to a mixed family, or temporary deferral of termination of assistance (See subparagraph Q for eligibility requirements) if the family does not accept the offer of prorated assistance; or

   • c. Offer temporary deferral of termination of assistance to an ineligible family. At the end of the deferral period the family must either pay market rent or vacate the unit.

(Mixed families are defined in subparagraph N below, and prorated assistance is described in subparagraph P. Temporary deferral of termination of assistance is addressed in subparagraph Q.)

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

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Section 1: Program Eligibility

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