Protection from Liability for Project Owners

HUD will not take any compliance, disallowance, penalty, or other regulatory action against an owner with respect to any error in the owner’s determination of eligibility for assistance based on citizenship or immigration status when:

1. The owner established eligibility based upon verification of eligible immigration status through the verification system described in regulations and this handbook;

2. The owner provided an opportunity for the family to submit evidence in accordance with regulations and this handbook;

3. The owner waited for completion of the Department of Homeland Security’s (DHS’) verification of immigration status in accordance with regulations and this handbook;

4. The owner waited for completion of the DHS appeal process provided in accordance with regulations and this handbook, if applicable; and

5. The owner provided an informal meeting in accordance with regulations and this handbook, if applicable.