4-24 Applicant Interviews

• A. When an appropriate unit will be available in the near future, the owner must interview an applicant and obtain current information about the family’s circumstances. For documents that an owner may ask applicants to bring to the interview, see Exhibit 4-1.

• B. At the interview, the owner must:

  1. Confirm and update all information provided on the application. If a preapplication was submitted, complete a full application form and confirm and update the information.

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2. Explain program requirements, including use of the information contained in the EIV system, verification procedures, and penalties for false information. The penalties include eviction, loss of assistance, fines up to $10,000, and imprisonment up to five years.

3. Obtain family income and composition information and other data needed to verify eligibility and compute the tenant’s share of the rent. (See Chapter 5.)

4. Review the financial information on the application and specifically ask the tenant whether any member of the household:

   • a. Receives any of the types of income listed in Chapter 5, Section 1 (e.g., self-employment income, unemployment compensation, income maintenance payments). If it appears likely that an applicant is receiving a form of income not reported on the application, ask the applicant about that source of income and document the applicant’s response in the file; and

   • b. Has any assets. (See paragraph 5-7 for a description of assets.)

5. Ask the head of household, spouse, or co-head, and household members age 18 and over to sign the release of information consent portion of the Authorization for Release of Information (Forms HUD 9887 and 9887-A) and any other necessary verification requests.

6. Obtain declaration of citizenship (see Exhibit 3-5) and verification consent forms (see Exhibit 3-6) for verification from all household members as appropriate.

7. Inform the applicant of the screening requirements used by the owner, including use of the Existing Tenant Search in EIV for determining if the applicant, or a member of the applicant’s family, is receiving HUD’s rental assistance at another location. (If the owner performs screening activities, a consent to check landlord or credit history should also be obtained).

8. Require the head of household, spouse, or co-head to give a written certification as to whether any family member did/did not dispose of any assets for less than fair market value during the two years preceding the effective date of the certification/recertification.

   • a. The certification must include a list of all assets disposed of for less than fair market value, the dates disposed of, the amount received, and the asset’s market value at the time of disposition.

   • b. HUD does not prescribe a form for this certification. It may be part of an application form or a separate form.

NOTE: Owners need not obtain this information if the family is being considered only for a unit in a BMIR project without rental

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assistance because the disposal of assets does not affect income and rent calculations for BMIR tenants who do not receive rental assistance.

9. Require disclosure and verification of SSNs for all household members, except those who do not contend eligible immigration status, and tenants age 62 or older as of January 31, 2010, whose initial determination of eligibility was begun before January 31, 2010, and provide verification of the complete and accurate SSN assigned to them. (See paragraph 3-9 for more information on SSN disclosure and verification requirements.)

10. Advise the family that HUD will compare the information supplied with information federal, state, or local agencies have on the family’s income and household composition. This will include the employment and income information received from SSA’s and HHS’ NDNH databases through HUD’s Computer Matching Agreements with these agencies.

11. Tell the family that a final decision on eligibility cannot be made until all verifications are complete.

12. Provide each applicant with a copy of the appropriate HUD fact sheet, which describes how the tenant's rent is calculated.

13. Provide each household with copies of the EIV & You and the Resident Rights and Responsibilities brochures.

14. Inform the family that federal laws prohibit the owner from discriminating against individuals with disabilities. In summary, owners have responsibilities for making reasonable accommodations in policies, providing auxiliary aids, making units and facilities accessible, and permitting disabled persons to use assistance animals when they may provide the tenant with equal housing opportunities.

15. Inform all applicants of housing for the elderly or disabled about the rules on owning pets. (See paragraph 6-10.)

• C. Generally, owners may not require tenants to participate in congregate meals or other services. However, in properties for the elderly or disabled for which HUD approved a mandatory meals program before April 1, 1987, the owner must inform all applicants about:

  1. The requirement to execute a meals contract. A meal contract is a separate contract incorporated as part of the lease that states in part:

     • a. Substantial failure by a tenant to comply with the mandatory meals agreement will be a violation of the lease and will subject the tenant to eviction procedures in accordance with the lease;

     • b. The number of meals required to be purchased;

     • c. The duration of the meals agreement;

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• d. The charges for the meals at the time the agreement is signed; and

• e. The exemptions from purchasing meals and the requirements to obtain these exemptions.

2. Exemptions from purchasing meals may be made due to:

   • a. Medical conditions;

   • b. A paying job that keeps the tenant away from the property at meal time;

   • c. Other absence from the property;

   • d. Permanent immobility; and/or

   • e. Discretionary exemptions, such as dietary practices, financial reasons, or religious reasons.