HUD Handbook 4350.3 § 4-31
Denial of Assistance to Noncitizens (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalSection 8 HCVOperative Text
HUD Handbook 4350.3 § 4-31
This paragraph describes the conditions under which owners must deny assistance to
noncitizens and the DHS appeals process that may be initiated by a family to challenge
a denial. Owners should follow the HUD requirements provided within this paragraph to
ensure that only U.S. citizens and eligible noncitizens receive federal housing
assistance. This entire paragraph contains key regulatory requirements. Optional
owner policies are noted in the text.
NOTE: See Chapters 3, 7, and 8 for other citizenship and eligible immigration status
requirements. (Restriction on assistance to noncitizens is addressed in paragraph 3-12,
changes in subsidy are addressed in paragraph 7-11, and termination of assistance is
addressed in paragraph 8-7.)
A. Applicability
As stated in paragraph 3-12, the restriction on assistance to noncitizens applies
to all properties covered by this handbook, except the following:
1. Section 221(d)(3) BMIR properties;
2. Section 202 PAC;
3. Section 202 PRAC; and
4. Section 811 PRAC.
5. Section 202 projects with units not receiving assistance under the Rent
Supplement or Section 8 programs.
B. Offering and Continuing Assistance
An owner cannot deny assistance to applicants who submitted their immigration
documentation in a timely manner, but for whom the DHS verification or appeals
process has not been completed.
1. If a unit is available, the family has come to the top of the waiting list, and
at least one member of the family has submitted the required
documentation in a timely manner and has been determined to be
eligible, the owner must offer the family a unit, providing subsidy to those
family members whose documents were received on time.
2. However, until the owner has received and verified the immigration status
of any remaining noncitizen family members, the owner must provide
prorated assistance based on those family members who submitted their
immigration documentation in a timely manner. See the Example – DHS
Verification Process Delayed in Paragraph 3-12 K.
C. Events Triggering Denial of Assistance
An owner must deny assistance to an applicant upon the occurrence of any of
the following:
1. The applicant fails to submit evidence of citizenship (i.e., the declaration)
and eligible immigration status by the date specified by the owner.
2. The applicant submits evidence of citizenship and eligible immigration
status on a timely basis, but DHS primary and secondary documentation
does not verify eligible immigration status of a family member; and
a. The family does not pursue a DHS appeal or informal hearing
rights as provided in this section, or
b. The family pursues a DHS appeal and informal hearing, but the
final decision is against the family member.
D. Required Notice
The notice of denial or termination of assistance must advise the applicant family
that:
1. The owner will deny or terminate rental assistance and give reasons for
this action;
2. The family may be eligible for proration of assistance;
3. Tenants – but not applicants – may be eligible to obtain relief under the
provisions for preservation of families (i.e., they may be eligible for a
temporary deferral of denial of assistance).
4. The family has a right to request an appeal to the DHS of the results of
secondary verification of immigration status and to submit additional
documentation or a written explanation in support of the appeal;
5. The family has a right to request an informal hearing with the owner either
upon completion of the DHS appeal or in lieu of the DHS appeal (the
family can take advantage of two types of appeal); and
6. For applicants, the notice of denial must advise that if they have failed the
primary and secondary verification and submitted an appeal to the DHS,
but the DHS process has not been concluded, the applicant will receive
assistance in a timely manner. (If the DHS decision is negative, the
family’s assistance may then be terminated.) However, once the DHS
appeal process is complete, and the family receives a negative decision
on the DHS appeal, the owner may delay assistance while providing the
family with an opportunity for an informal meeting to appeal the decision.
E. DHS Appeal Process
1. Submission of appeal request. When the owner receives notification from
the DHS that secondary verification has failed to confirm eligible
immigration status, the owner must notify the family of this result. The
family has 30 days from the date of the owner's notification to request an
appeal of the DHS results. The family must make the request in writing
directly to the DHS and must provide the owner with a copy of the written
request for appeal and proof of mailing.
2. Documentation to be submitted as part of appeal to DHS. If the family
has additional documentation or written explanation to support this
appeal, the family must submit it directly to the DHS office. This material
must include a copy of the DHS document verification request, Form DHS
G-845S (used by the owner to process the secondary verification
request), or any other form specified by the DHS, and a cover letter
stating that the family is requesting an appeal of the DHS immigration
status verification results. (See Exhibit 4-2, DHS Documentation
Verification Request Form.)
3. When decision will be issued by DHS. The DHS will issue a decision
within 30 days of its receipt of documentation concerning the family's
appeal of the verification of immigration status. The notice will be sent to
the family, and a copy will be sent to the owner. If, for any reason, the
DHS is unable to issue a decision within 30 days, the DHS will inform the
family and owner of the reason for the delay.
4. Notification of DHS decision and of informal hearing procedures. When
the owner receives a copy of the DHS decision, the owner must notify the
family of its right to request an informal hearing on the owner's ineligibility
determination.
5. No delay, denial, reduction, or termination of assistance until completion
of DHS appeal process. Until any appeal made to the DHS is resolved,
owners must not delay, deny, reduce, or terminate assistance on the
basis of immigration status.
6. When request for informal hearing is to be made. If the DHS decision will
cause the applicant to be denied, or if the family chooses not to appeal to
DHS, the family may request that the owner provide an informal hearing.
The request for a hearing must be made either within 30 days of receiving
the notice from the owner denying assistance, or within 30 days of
receiving the DHS appeal decision.
7. Retention of documents. The owner must retain for a minimum of 5 years
the following documents that may have been submitted to the owner by
the family, or provided to the owner as part of the DHS appeal or the
informal hearing process:
a. The application for financial assistance;
b. The form completed by the family for income re-examination;
c. Photocopies of any original documents (front and back), including
original DHS documents;
d. The signed verification consent form;
e. The DHS verification results;
f. The request for an DHS appeal;
g. The final DHS determination;
h. The request for an informal hearing; and
i. The final informal hearing decision.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
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Related Rules
§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 5.512
§ 5.512 Verification of eligible immigration status.