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Resident Disclosure of Social Security Numbers

There have been several requests for clarification on how the requirement for disclosure of social security numbers will affect mixed families. The requirement for the disclosure of a Social Security number does not apply to individuals in mixed families who do not contend eligible immigration status under HUD’s noncitizens regulations. This was clarified in the Notice of Proposed Delay of Effective Date of the Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs Final Rule published in the Federal Register on February 11, 2009. It was also clarified that proration of assistance and screening for these families should continue according to existing requirements. In addition, the eviction or denial of admission to individuals in mixed families cannot be authorized on the basis of the new requirement for the disclosure of a social security number.

On January 27, 2009, a Final Rule was published in the Federal Register, the effective date of which was subsequently delayed to September 30, 2009, made a revision to HUD’s regulations at 24 C.F.R. 5.216 covering the requirements for disclosure of social security numbers. The revision to the regulation requires disclosure of social security numbers by all individuals applying for or participating in HUD’s rental assistance programs who declare themselves to be a U.S. citizen, U.S. national or eligible noncitizen. Once the Final Rule is in effect, applicants will be required to disclose and provide verification of the social security number for all members of their household who declare themselves to be a U.S. citizen, U.S. national or eligible noncitizen before they can be admitted. Current residents will be required to disclose and provide verification of social security numbers for all members of their household who declare themselves to be a U.S. citizen, U.S. national or eligible noncitizen, where disclosure and verification has not occurred, at the time of their next interim or annual recertification.

Owners and management agents are encouraged to begin and continue informing applicants and residents who have not disclosed their social security number, or the social security number of a child under the age of 6, or who have certified they do not have a social security number, of this upcoming revision to the regulations as described above and their need to begin the process of obtaining a social security number.

In addition to the above, owners and management agents who have access to the Enterprise Income Verification (EIV) system should be verifying and correcting social security numbers for individuals listed on the Failed EIV Pre-screening and the Failed Verification Report as having invalid social security numbers.