1.4: Strategies for Working with Undocumented and Refugee Families Presented by Meliah Schultzman, National Housing Law Project (San Francisco, CA).

1. Immigrant Access to Federally
Assisted Housing
MELIAH SCHULTZMAN, ATTORNEY
NATIONAL HOUSING LAW PROJECT
FEBRUARY 10, 2011
www.nhlp.org

2. Goals
2
 We’ll first discuss immigrant eligibility for federally
assisted housing
 We’ll then share practical tips for assisting
immigrant families in securing housing

3. Keep In Mind:
3
 Questions regarding immigration status can be
complex—try to find an expert in your community
who can help with these issues.
 When assisting immigrant families in accessing
subsidized housing, it’s critical to identify the type of
housing that’s involved.
 Coalition-building is often needed to improve
immigrant access to housing in a community.

4. Immigrant Eligibility for
Subsidized Housing
4

5. A Step-By-Step Approach
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When figuring out housing options for immigrants,
consider these three steps:
1. Identify the type of housing the applicant is
applying for
2. Identify the housing applicant’s immigration status
3. Determine if the housing applicant is eligible for
that particular unit

6. Types of Federally Subsidized Housing
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 Today we’ll discuss the following types of housing:
 Public Housing and Section 8
 Other major subsidized housing programs, including HUD’s
homelessness programs
 Homelessness Prevention and Rapid Rehousing Program
(HPRP)

7. Public Housing and Section 8:
Issues Affecting Immigrants
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FAMILIES OFTEN HAVE QUESTIONS
REGARDING ELIGIBILITY REQUIREMENTS
FOR PUBLIC HOUSING AND SECTION 8

8. Public Housing and Section 8
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 The following categories of immigrants are eligible
for public housing and Section 8:
 Lawful permanent residents
 Lawful temporary residents
 Refugees, asylees, trafficking victims, and persons granted
withholding of deportation or removal
 Parolees
 Citizens of Micronesia, Marshall Islands, and Palau

9. Public Housing & Sec 8: Mixed Status Families
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 If at least one member of household is a U.S.
citizen or an eligible immigrant, the family can
live in public housing or Section 8
 Rent subsidy is pro-rated based on the number of
eligible persons
 All household members must disclose income but
can choose not to declare status

10. Hypotheticals
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 Clare, who is undocumented, has two children,
Mike, an undocumented teenager, and Tyler, a six-
year old, born in the U.S. Can they live in public
housing or Section 8?
 Kim has one child age 3. Both are lawful
permanent residents who entered the U.S. in 2008.
Kim’s mother came from Korea to visit. When her
visa expired, she overstayed. Mom, child, and
grandma apply for Section 8. Is the family eligible?

11. Public Housing & Sec 8: SSNs
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 All applicants must disclose their Social Security
Numbers (SSN) to be eligible for assistance.
 To verify SSNs, an applicant must produce:
 An original SSN card;
 An original SSA-issued document containing the applicant’s
name and SSN; or
 An original document issued by a federal, state, or local gov’t
agency containing the applicant’s name and SSN
 The housing provider transmits the applicant’s
name, SSN, and date of birth to HUD.
 HUD validates the SSN against the SSA’s database.

12. Public Housing & Sec 8: SSNs, cont’d
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 SSN disclosure requirements do NOT apply to
applicants who do not contend eligible immigration
status
 24 C.F.R. § 5.216; HUD Notice PIH 10-3 (Jan. 20, 2010)
 A housing provider may NOT deny assistance to
mixed families due to nondisclosure of an SSN by an
individual who does not contend eligible status
 HUD Notice PIH 10-3 (Jan. 20, 2010)

13. Is It Safe for Undocumented People to Apply?
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 Housing authorities are required to report
information to USCIS only in very limited cases.
 The reporting obligation is not triggered by:
 An statement by the immigrant;
 A worker’s suspicion about a person’s immigration status; or
 A formal finding that the person is ineligible for a benefit.
 Recommendation: Gather information as best you
can regarding the local housing authority’s practices

14. Immigrants’ Access to Other
Housing Programs
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UNLIKE PUBLIC HOUSING AND SECTION 8,
SEVERAL OTHER SUBSIDIZED HOUSING
PROGRAMS DO NOT HAVE IMMIGRATION
RESTRICTIONS

15. Other Major Subsidized Housing Programs
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 All immigrants are eligible for these programs:
 Low Income Housing Tax Credit (LIHTC)
 Section 202 Supportive Housing for the Elderly
 Section 811 Supportive Housing for the Disabled
 Community Development Block Grant
 HOME
 Housing Opportunities for Persons with AIDS (HOPWA)
 Shelter Plus Care and other McKinney homeless programs
 Section 515 Rural Rental Housing Program

16. Problems on the Horizon?
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 Some cities have attempted to restrict access to
Shelter Plus Care and other programs critical to
homeless immigrants by saying that the 1996 federal
welfare reform law applies to these programs.
 But even under the welfare reform law, nonprofit charitable
organizations are not required to determine, verify or
otherwise ask for proof of an immigrant’s status
 As a result, nonprofits can create a safe environment for
immigrants who are seeking services

17. HPRP
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 HUD has issued limited guidance on immigrants’
eligibility for the Homelessness Prevention and
Rapid Rehousing Program (HPRP)
 HUD: You cannot knowingly provide HPRP to someone who is
not a “qualified alien,” but nonprofits are not required to
verify immigration status.
 Some jurisdictions have been more aggressive about screening
immigration status than others.

18. Practical Tips
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ISSUES TO CONSIDER AS WE THINK ABOUT
SERVING IMMIGRANT FAMILIES

19. Issues to Consider
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 Tips we’ve heard from advocates & service providers:
 Outreach with housing providers, including housing
authorities, is critical. They often think everyone has to have a
SSN, and their forms and notices can be misleading.
 Become familiar with the types of subsidies that the affordable
housing units in your community receive
 Urge housing providers to collect SSNs only when required by
state or federal law.
 Urge housing providers to offer adequate language services to
limited English proficient households.
 If a housing provider’s policies are having a negative impact on
immigrants, document that impact.

20. Issues to Consider: Cont’d
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 More tips:
 If a family lacks credit or tenancy history, discuss ways that
they can show future ability to pay rent
 Service providers: Consider the consequences of asking about
immigration status during intake. If you don’t need to know,
make that explicit to the individual.
 Use caution if considering speaking to the media.
 Seek help from an advocacy organization if a housing provider
or municipality plans to impose immigration restrictions that
go beyond what we’ve discussed today.

21. Information/Referrals:
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 National Immigration Law Center www.nilc.org
 National Housing Law Project www.nhlp.org
 Catholic Legal Immigration Network Inc. www.cliniclegal.org
 American Immigration Lawyers Association www.aila.org

22. Contact Information
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MELIAH SCHULTZMAN
MSCHULTZMAN@NHLP.ORG
(415)546-7000 EXT. 3116
WWW.NHLP.ORG