[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64932-64933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22727]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5969-N-01]
Eligibility of Independent Students for Assisted Housing Under
Section 8 of the U.S. Housing Act of 1937; Additional Supplementary
Guidance
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, and Office of the Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Notice.
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SUMMARY: On December 30, 2005, HUD published a final rule (FR-5036-F-
01), ``Eligibility of Students for Assisted Housing under Section 8 of
the U.S. Housing Act of 1937'', implementing section 327 of the
agency's Fiscal Year 2006 appropriations, Title III of Public Law 109-
115, 119 Stat. 2936, approved November 30, 2005 (2006 HUD
Appropriations Act). Section 327 requires that if an individual is
enrolled at an institution of higher education (i.e., student) is under
the age of 24, is not a veteran, is unmarried and does not have a
dependent child, is individually ineligible for assistance under
section 8 of the United States Housing Act of 1937 (section 8
assistance), or the student's parents are, individually or jointly,
ineligible for assistance, no section 8 assistance can be provided to
the student.
On April 10, 2006, HUD published supplemental guidance to assist
providers in implementing the final rule. That supplemental guidance
provided a list of items that Public Housing Agencies, Owners, and
Managers are required to verify when determining whether a student's
income alone should be used to determine section 8 eligibility, and
this notice updates that list of items to remain consistent with the
U.S. Department of Education's definition of ``independent student,''
and reduce barriers for vulnerable youth to receive assistance and
continue their education.
FOR FURTHER INFORMATION CONTACT: Rebecca L. Primeaux, Director, Housing
Voucher Management and Operations Division, Office of Public and Indian
Housing, Room 4214, U.S. Department of Housing and Urban Development,
451 7th Street SW., Washington, DC 20410-8000, telephone (202) 402-6050
(this is not a toll-free number), or Danielle D. Garcia, Branch Chief,
Multifamily Housing, Assisted Housing Oversight Division, Room 6148,
U.S. Department of Housing and Urban Development, 451 7th Street SW.,
Washington, DC 20410-8000, telephone (202) 402-2768 (this is not a
toll-free number). Persons with hearing or speech impairments may
access these numbers through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION
I. Background
Section 327 of HUD's Fiscal Year 2006 appropriations, Title III of
Public Law 109-115, 119 Stat. 2936, approved November 30, 2005 (2006
HUD Appropriations Act), introduced new restrictions on providing
housing assistance to students of higher education under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) (1937 Act). On
December 30, 2005, at 70 FR 77742, HUD published a final rule
implementing section 327 of the Act (Section 327) in accordance with
the statutory requirement that HUD issue a final rule no later than 30
days following enactment of the 2006 HUD Appropriations Act. HUD's rule
implementing the statute prohibits section 8 assistance to an
individual who is enrolled at an institution of higher education (i.e.,
students), is under the age of 24, is not a veteran, is unmarried, does
not have a dependent child, and is individually ineligible for section
8 assistance or has parents who are, individually or jointly,
ineligible on the basis of income to receive assistance.
On April 10, 2006, at 71 FR 18146, HUD issued supplementary
guidance to further assist Public Housing Agencies (PHAs) and
multifamily project owners and management agents (Owners and Managers)
with the implementation of the new eligibility restrictions (2006
supplementary guidance). HUD's 2006 supplementary guidance provided
certain exceptions to the requirement that the eligibility of a student
seeking section 8 assistance would be determined based on income
eligibility for the assistance by both the student and the student's
parents. HUD's 2006 supplementary guidance explained that a student,
under the age of 24 who meets the additional criteria of Section 327,
may still be income eligible for assistance in circumstances where the
student can demonstrate independence from parents, where the student
can demonstrate the absence of parents, or where an examination of the
student's parents' income may not be relevant. The 2006 supplementary
guidance instructs PHAs, Owners, and Managers to consider certain
criteria, including but not limited to, whether:
(1) The individual is of legal contract age under state law.
(2) The individual has established a household separate from
parents or legal guardians for at least one year prior to application
for occupancy or the individual meets the U.S. Department of
Education's definition of an ``independent student.'' Section 480(d) of
the Higher Education Act of 1965, as amended (the HEA), 20 U.S.C.
1087vv(d).
(3) The individual is not claimed as a dependent by parents or
legal guardians pursuant to IRS regulations.
(4) The individual obtains a certification of the amount of
financial assistance that will be provided by parents, signed by the
individual providing the support, even if no assistance will be
provided.
The 2006 supplemental guidance also provided a list of items that
PHAs, Owners, and Managers must verify to determine whether a student
is independent for purposes of using the student's income alone for
determining Section 8 eligibility (Student's Independence Verification
Requirements). Those items include:
(1) Previous address information to determine evidence of a
separate household, or verifying the student meets the U.S. Department
of Education's definition of ``independent student'';
(2) prior year income tax returns to verify if a parent or guardian
has claimed the student as a dependent, except if the student meets the
Department of Education definition of ``independent student''; and
(3) written certification by a parent of the amount of financial
support that parent provides to the student, or written certification
that the parent provides no financial support to the student.
HUD also adopted in Appendix A of the 2006 supplementary guidance
the U.S. Department of Education's (ED) definition of ``independent
student'' from the HEA. ED's definition provided that an ``independent
student'' is a student who meets one or more of the following criteria:
(a) Is at least 24 years old by December 31 of the award year for which
aid is sought; (b) is an orphan or a ward of the court through the age
of 18; (c) is a veteran of the United States Armed Forces; (d) has
legal dependents other than a spouse (for
[[Page 64933]]
example, dependent children or an elderly dependent parent); (e) is a
graduate or professional student; or, (f) is married.\1\
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\1\ The Higher Education Act of 1965. 20 U.S.C. 1087vv(d). See
also Jeffrey R. Andrade, ``Dear Colleague'' Letter, U.S. Dep't of
Educ. (May 2, 2003), https://ifap.ed.gov/dpcletters/GEN0307.html.
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In 2007, the HEA definition was amended and expanded in Section 604
of the College Cost Reduction and Access Act of 2007 (Public Law 110-
84, 121 Stat. 784, approved September 27, 2006). The College Cost
Reduction and Access Act added new criteria to the definition of
``independent student'' to include broadening the category of students
who were orphans or wards of the court at age 18 to include those who
were orphans, in foster care, or were wards of the court at any time
when the individual was 13 years of age or older; it added those
students who are or were emancipated or in legal guardianship; and
added unaccompanied youths who are homeless or who are at risk of
homelessness. This new definition was adopted by ED in guidance.
II. Definition of ``Independent Student''
This notice brings HUD's guidance into conformity with the updated
HEA definition and ED's definition of ``independent student.'' ED's
definition of ``independent student'' is one of the criteria in HUD's
2006 supplementary guidance for PHAs, owners and managers to use in
verifying whether a student is ``independent.'' Specifically, HUD is
updating the definition of ``independent student'' to include the more
expansive definition found in HEA, as amended by the College Cost
Reduction and Access Act of 2007.
ED's definition of ``independent student'', which now applies is:
a. The individual is 24 years of age or older by December 31 of the
award year;
b. The individual is an orphan, in foster care, or a ward of the
court or was an orphan, in foster care, or a ward of the court at any
time when the individual was 13 years of age of older;
c. The individual is, or was immediately prior to attaining the age
of majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the individual's
State of legal residence;
d. The individual is a veteran of the Armed Forces of the United
States (as defined in subsection (c)(1) of HEA) or is currently serving
on active duty in the Armed Forces for other than training purposes;
e. The individual is a graduate or professional student;
f. The individual is a married individual;
g. The individual has legal dependents other than a spouse;
h. The individual has been verified during the school year in which
the application is submitted as either an unaccompanied youth who is a
homeless child or youth (as such terms are defined in section 725 of
the McKinney-Vento Homeless Assistance Act) (42 U.S.C. 11431 et seq.),
or as unaccompanied, at risk of homelessness, and self-supporting, by--
(i) a local educational agency homeless liaison, designated
pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act;
(ii) the director of a program funded under the Runaway and
Homeless Youth Act or a designee of the director;
(iii) the director of a program funded under subtitle B of title IV
of the McKinney-Vento Homeless Assistance Act (relating to emergency
shelter grants) or a designee of the director; or
(iv) a financial aid administrator; or
i. The individual is a student for whom a financial aid
administrator makes a documented determination of independence by
reason of other unusual circumstances.\2\
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\2\ These letters reflect the numbering used in the HEA
definition of ``independent'' for use in this notice.
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III. Student's Independence Verification Requirements
HUD is also amending the Student's Independence Verification
Requirements set out in the 2006 supplementary guidance. These
requirements may create barriers for youth, and especially vulnerable
youth (i.e., unaccompanied homeless youth, at risk of being homeless
youth, and youth who have aged out of foster system), to receive
assistance and continue their education, as many of these youth are not
connected to their parents or caregivers to obtain the information
necessary to show they are ``independent'' under HUD's current
guidance. Therefore, HUD is clarifying that the tax return requirement
only applies to providing the student's tax returns and not that of the
student's parents.
HUD also provides through this guidance that an individual who
meets ED's ``independent student'' definition in paragraph (b), (c), or
(h), as adopted in Section II of this notice, are considered
``vulnerable youth'' for purposes of this guidance, and provides that
when a PHA, owner or manager determines an individual is a ``vulnerable
youth'' such determination is all that is necessary to determine a
person is an ``independent student'' for purposes of using only the
student's income for determining eligibility for section 8 assistance.
The new Student's Independence Verification Requirements are as
follows:
PHAs, Owners, and Managers of section 8 assistance will need to
verify a student's independence from his or her parents to determine
that the student's parents' income is not relevant for determining the
student's eligibility for assistance by doing all of the following:
(1) Reviewing and verifying previous address information to
determine evidence of a separate household or verifying the student
meets the U.S. Department of Education's definition of ``independent
student'';
(2) Reviewing a student's prior year income tax returns to verify
the student is independent or verifying the student meets the U.S.
Department of Education's definition of ``independent student''; and
(3) Verifying income provided by a parent by requiring a written
certification from the individual providing the support. Certification
is also required if the parent is providing no support to the student.
Financial assistance that is provided by persons not living in the unit
is part of annual income. (Except if the student meets the Department
of Education's definition of ``independent student'' in paragraphs (b),
(c) or (h) adopted in section II of this notice).
This guidance and HUD's rule focus on a student under the age of 24
who meets the additional requirements of section 327 and who is not
residing in a section 8 assisted unit with his or her parents, but who
is individually seeking to reside in a section 8 assisted unit. Neither
the rule nor this guidance applies to students residing with their
parents in a section 8 assisted unit or who reside with parents who are
applying to receive section 8 assistance.
Dated: September 16, 2016.
Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
Edward L. Golding,
Principal Deputy Assistant Secretary for Housing.
[FR Doc. 2016-22727 Filed 9-20-16; 8:45 am]
BILLING CODE 4210-67-P