Appendix 1 Form HUD-935.2, Affirmative Fair Housing Marketing Plan

255 Pages·2003·2.52 MB·English

Appendix 1
Form HUD-935.2, Affirmative Fair
Housing Marketing Plan
Affirmative Fair Housing U.S. Department of Housing OMB Approval No. 2529-0013
and Urban Development (exp. 09/30/2003)
Marketing Plan
Office of Fair Housing and Equal Opportunity
1a. Applicant's Name, Address (including city, state & zip code) & Phone Number 1c. Project/Application Number 1d. Number of Units 1e. Price or Rental Range
From $
To $
1f. For Multifamily Housing Only 1g. Approximate Starting Dates (mm/dd/yyyy)
Elderly Non-Elderly Advertising
Occupancy
1b. Project's Name, Location (including city, State and zip code) 1h. Housing Market Area 1i. Census Tract
1j. Managing/Sales Agent's Name & Address (including city, State and zip code)
2. Type of Affirmative Marketing Plan (mark only one) 3. Direction of Marketing Activity (Indicate which group(s) in the housing market area are least likely to apply for
Project Plan the housing because of its location and other factors without
special outreach efforts)
Minority Area
White (non-Hispanic) Hispanic American Indian or Alaskan Native
White (non-minority) Area
Black (non-Hispanic) Asian or Pacific Islander Persons with Disabilities
Mixed Area (with ________ % minority residents)
4a. Marketing Program: Commercial Media (Check the type of media to be used to advertise the availability of this housing)
Newspapers/Publications Radio TV Billboards Other (specify)
Name of Newspaper, Radio or TV Station Racial/Ethnic Identification of Readers/Audience Size/Duration of Advertising
4b. Marketing Program: Brochures, Signs, and HUD's Fair Housing Poster
(1)Will brochures, letters, or handouts be used to advertise? Yes No If "Yes", attach a copy or submit when available.
(2)For project site sign, indicate sign size _______ x _______; Logotype size _______ x _______. Attach a photograph of project sign or submit when available.
(3)HUD's Fair Housing Poster must be conspicuously displayed wherever sales/rentals and showings take place. Fair Housing Posters will be displayed in
the Sales/Rental Office Real Estate Office Model Unit Other (specify)
4c. Community Contacts. To further inform the group(s) least likely to apply about the availability of the housing, the applicant agrees to establish and maintain
contact with the groups/organizations listed below that are located in the housing market area or SMSA. If more space is needed, attach an additional sheet.
Notify HUD-FHEO of any changes in this list. Attach a copy of correspondence to be mailed to these groups/organizations. (Provide all requested information.)
Racial/Ethnic Approximate Date
Name of Group/Organization Identification (mm/dd/yyyy) Person Contacted or to be Contacted
Indicate the specific function the Group/Organization will undertake
Address & Phone Number Method of Contact in implementing the marketing program
5. Future Marketing Activities (Rental Units Only) Mark the box(s) that best describe marketing 6. Experience and Staff Instructions (See instructions)
activities to fill vacancies as they occur after the project has been initially occupied. 6a. Staff has experience. Yes No
Newspapers/Publications Radio TV Brochures/Leaflets/Handouts 6b. On separate sheets, indicate training to be provided to staff on Federal, State
and local fair housing laws and regulations, as well as this AFHM Plan. Attach
Site Signs Community Contacts Other(specify) a copy of the instructions to staff regarding fair housing.
7. Additional Considerations Attach additional sheets as needed.
8. Changes and Revisions By signing this form, the applicant agrees, after For HUD-Office of Housing Use Only
appropriate consultation with HUD, to change any part of the plan covering a Approval By Disapproval By
multifamily project to ensure continued compliance with Section 200.620 of
Signature & Date (mm/dd/yyyy) Signature & Date (mm/dd/yyyy)
HUD's Affirmative Fair Housing Marketing Regulations.
Signature of person submitting this Plan & Date of Submission (mm/dd/yyyy)
Name (type or print) Name (type or print) Name (type or print)
Title & Name of Company Title Title
Previous editions are obsolete ref. Handbook 8025.1 form HUD-935.2 (01/2001)
Page 1 of 2
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect
this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
The Affirmative Fair Housing Marketing Plan (AFHM) is needed to ensure that Federal agencies are taking necessary steps to eliminate discriminatory
practices involving Federally insured and assisted housing. No application for any housing project or subdivision insured or subsidized under the
Department’s housing programs can be funded without an approved AFHM Plan. The responses are required to obtain or retain a benefit under the Fair
Housing Act, Section 808(e)(5) & (6) and 24 CFR Part 200, Subpart M. The form contains no questions of a confidential nature.
Instructions
Send the Completed form to: Your Local HUD Office,
Attention: Director, Office of Housing
The Affirmative Fair Housing Marketing Regulations require that the Plan, e.g., White (Non-Hispanic), Black (Non-Hispanic), His-
each applicant subject to these regulations carry out an affirmative panic, Asian-American/Pacific Islander, American Indian/ Alas-
program to attract prospective buyers or tenants of all minority and kan Native; and the size or duration of newspaper advertising or
non- minority groups in the housing market area regardless of race, length and frequency of broadcast advertising. Community con-
color, religion, sex, national origin, disability, or familial status. tacts include individuals or organizations that are well known in
These groups include Whites (Non-Hispanic), members of minor- the project area or the locality and that can influence persons within
ity groups, i.e.., Blacks (Non-Hispanic), American Indians/Alas- groups considered least likely to apply. Such contacts may in-
kan Natives, Hispanics, Asian/Pacific Islanders, persons with dis- clude, but need not be limited to: neighborhood, minority and
abilities, or families with children in the Standard Metropolitan women's organizations, churches, labor unions, employers, public
Statistical Areas (SMSA) or housing market area who may be and private agencies, disability advocates, and individuals who are
subject to housing discrimination on the basis of race, color, connected with these organizations and/or are well-known in the
religion, sex, national origin, disability, or familial status. The community.
applicant shall describe on this form the activities it proposes to
Part 5 - Future Marketing Activities. Self-Explanatory.
carry out during advance marketing, where applicable, and the
initial sales rent-up period. The affirmative program also should Part 6 - Experience and Staff Instructions.
ensure that any group(s) of persons normally not likely to apply for a. Indicate whether the applicant has previous experience in mar-
the housing without special outreach efforts (because of existing keting housing to group(s) identified as least likely to apply for
neighborhood racial or ethnic patterns, location of housing in the the housing.
SMSA price or other factors), know about the housing, feel wel- b. Describe the instructions and training given to sales/rental staff.
come to apply and have the opportunity to buy or rent. This guidance to staff must include information regarding Fed-
eral, State and local fair housing laws and this AFHM Plan.
Part 1 - Applicant and Project Identification. The applicant may
Copies of any written materials should be submitted with the
obtain Census Tract location information, item 1i, from local
Plan, if such materials are available.
planning agencies, public libraries and other sources of Census
Data. For item 1g, specify approximate starting date of marketing Part 7 - Additional Considerations. In this section describe other
activities to the groups targeted for special outreach and the efforts not mentioned previously which are planned to attract
anticipated date of initial occupancy. Item 1j is to be completed persons in either those groups already identified in the Plan as least
only if the applicant is not to implement the plan on its own. likely to apply for the housing or in groups nor previously identi-
fied in the Plan. Such efforts may include outreach activities to
Part 2 - Type of Affirmative Marketing Plan. Applicants for
female-headed households and persons with disabilities.
multifamily projects are to submit a Project Plan which describes
the marketing program for the particular project or subdivision. Part 8 - The applicant's authorized agent signs and dates the
Scattered site builders are to submit individual annual plans based AFHM Plan. By signing the Plan, the applicant assumes full
on the racial composition of each type of census tract. For example, responsibility for its implementation. The Department may at any
if a builder plans to construct units in both minority and non- time monitor the implementation of the Plan and request modifica-
minority census tracts, separate plans shall be submitted for all of tion in its format or content, where the Department deems neces-
the housing proposed for both types. sary.
Part 3 - Direction of Marketing Activity. Considering factors such Notice of Intent to Begin Marketing. No later than 90 days prior
as price or rental of housing, the racial/ethnic characteristics of the to the initiation of sales or rental marketing activities, the applicant
neighborhood in which housing is (or is to be) located, the popu- with an approved Affirmative Fair Housing Marketing Plan shall
lation within the housing market area, or the disability or familial submit notice of intent to begin marketing. The notification is
status of the eligible population, public transportation routes, etc., required by the Affirmative Fair Housing Marketing Plan Compli-
indicate which group(s) you believe are least likely to apply ance Regulations (24 CFR Part 108.15). It is submitted either
without special outreach. orally or in writing to the FHEO Division of the appropriate HUD
Office serving the locality in which the proposed housing is
Part 4 - Marketing Program. The applicant shall describe the
located. OMB approval of the Affirmative Fair Housing Plan
marketing program to be used to attract all segments of the eligible
includes approval of this notification procedure as part of the Plan.
population, especially those groups designated in the Plan as least
The burden hours for such notification are included in the total
likely to apply. The applicant shall state: the type of media to be
designated for this Affirmative Fair Housing Marketing Plan form.
used, the names of newspapers/call letters of radio or TV stations;
the identity of the circulation or audience of the media identified in
Previous editions are obsolete ref. Handbook 8025.1 form HUD-935.2 (01/2001)
Page 2 of 2
Appendix 2
Systematic Alien Verification for
Entitlements (SAVE) Program
Instructions Manual
Appendix 2 4350.3 REV-1

Appendix 2: Systematic Alien Verification for Entitlements (SAVE) Program
Instructions Manual
PREFACE

Appendix 2 is a copy of the User Manual created by The Immigration and Naturalization
Service in 2000 for the Systematic Alien Verification Entitlements (SAVE) Program. On
March 1, 2003 the Immigration and Naturalization Service (INS) was abolished and the
functions of INS became part of the Department of Homeland Security (DHS). Therefore
any reference in this manual to Immigration and Naturalization (INS) will now mean
Department of Homeland Security (DHS).

The Department of Homeland Security SAVE program Office in coordination with HUD
Headquarters provides authorized HUD users with the User access codes, Computer
Based Tutorial (CBT) and Quick Reference Guides needed to access the SAVE
database.

Questions or comments regarding this Manual or the SAVE Program should be directed
to the Department of Homeland Security, SAVE Program, ULLOCO Building, 425 I
Street, NW Washington, DC 20536, 202-514-2317.

Appendix A and Appendix F of the DHS SAVE User Manual are not included in
Appendix 2 of this Handbook. Form G-845 S, Appendix F, is Exhibit 4-2 of this
Handbook.
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Manual for the Department of Housing and
Urban Development
4350.3 REV-1 Appendix 2

TABLE OF CONTENTS

TABLE OF CONTENTS 2
1. INTRODUCTION 3
1-1 Purpose and Scope............................................................................................3
2. SAVE PROGRAM 5
2-1 Background.........................................................................................................5
2-2 SAVE Legal Basis...............................................................................................5
2-3 Program Components.........................................................................................7
2-4 SAVE Program Administration..........................................................................10
2-5 General Verification Procedures.......................................................................11
2-6 Legal Protection and Safeguards.....................................................................11
3. PRIMARY VERIFICATION PROCEDURES 14
3-1 Background.......................................................................................................14
3-2 General Verification Procedures.......................................................................14
3-3 Required Documentation..................................................................................14
3-4 Immediate Secondary Verification....................................................................16
3-5 ASVI Access Methods......................................................................................16
3-6 Understanding ASVI Output Data.....................................................................17
3-7 General Information..........................................................................................22
3-8 ASVI Enrollment Process.................................................................................22
4. LENGTH OF SERVICE 22
4-1 ASVI Billing Process.........................................................................................23
5. SECONDARY VERIFICATION PROCEDURES 24
5-1 Background.......................................................................................................24
5-2 Initiating Secondary Verification.......................................................................24
5-3 Obtaining Secondary Verification.....................................................................25
5-4 Attachments......................................................................................................25
5-5 Completing the Document Verification Request...............................................26
5-6 Completing the Document Verification Request Supplement...........................28
5-7 Mailing Document Verification Requests..........................................................28
5-8 Obtaining Copies of the Document Verification Requests and Supplement.....29
5-9 Document Verification Request and Supplement Responses..........................29
5-10 Understanding the INS Response.................................................................30
5-11 Delayed Replies............................................................................................34
5-12 INS Record Keeping.....................................................................................35

Appendix A: Sample Immigration Documents
Appendix B: Glossary
Appendix C: Hispanic Names
Appendix D: INS Office Locations
Appendix E: INS Office Addresses
Appendix F: Forms G845S, G845 and Supplement
Appendix G: INS Records Systems
Appendix H: Questions and Answers
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Entitlements (SAVE) Program Instructions
Manual for the Department Housing and
Urban Development
Appendix 2 4350.3 REV-1

Introduction

Section 121 of the Immigration Reform and Control Act of 1986 (IRCA), as amended by
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), requires verification of citizenship and immigration status of applicants
applying for many federal, state, and local public benefits. Each applicant for benefits
must declare in writing whether or not they are a citizen or national of the United States,
and if not, that they are in a satisfactory immigration status.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires the
Immigration and Naturalization Service (INS) to respond to inquiries by federal, state,
and local benefit issuing agencies and institutions seeking to verify or determine the
citizenship or immigration status of any individuals within the jurisdiction of the agency
for any lawful purpose.

If an applicant or recipient for any of the benefits listed in IRCA, as amended, is not a
U.S. citizen or national, they must provide the benefit provider with documentation from
the INS that contains their Alien Registration Number (A-Number), or verbally provide
information from such documentation, that provides reasonable evidence of his or her
current immigration status. The INS verifies the immigration status through automated
and/or manual methods. The process of verification is known as the Systematic Alien
Verification for Entitlements (SAVE) Program.

The INS is currently using the SAVE automated and manual verification processes to
provide federal, state, and local benefit issuing agencies and institutions with information
which will assist them in determining an individual’s eligibility under Title IV of PRWORA.

1-1 Purpose and Scope

This manual describes the SAVE Program, including its legal basis, automated and
manual verification processes, and administrative procedures. Chapter 2 gives general
program guidelines and information on administration, and is designed for managers and
supervisors at benefit issuing agencies and institutions. Chapter 3 provides a detailed
overview of the primary verification process. Chapter 4 provides detailed instructions for
performing secondary verification. This manual serves as both a training and reference
guide for benefit providers and their managers.
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Entitlements (SAVE) Program Instructions
Manual for the Department Housing and
Urban Development
Appendix 2 4350.3 REV-1

2. SAVE PROGRAM

This chapter of the Systematic Alien Verification for Entitlements (SAVE) Program
Manual describes the program and explains its legal basis and measures to safeguard
the rights of naturalized citizens and non-citizens.

Any questions or comments regarding this chapter of the manual should be directed to
the Immigration and Naturalization Service (INS) SAVE Program at [phone].

2-1 Background

The SAVE Program is an intergovernmental information-sharing initiative designed to aid
benefit providers in verifying an applicant’s immigration status, thereby ensuring that
only entitled applicants receive public benefits. The INS SAVE Program provides an
information service for benefit issuing agencies and institutions. The INS does not make
determinations on any applicant’s eligibility for a specific benefit.

The SAVE Program has been in operation since 1987. Significant costs in claims for un-
entitled non-citizens have been avoided through benefit issuing agencies and
institutions’ participation in the SAVE Program.

2-2 SAVE Legal Basis

In 1986, Congress passed the Immigration Reform and Control Act of 1986 (IRCA),
which required INS to establish a system for verifying the immigration status of non-
citizen applicants for, or recipients of, certain types of federally funded benefits, and to
make the system available to federal, state, and local benefit issuing agencies and
institutions that administer such benefits. The IRCA and the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA), mandates the following
programs and overseeing agencies to participate in the verification of an applicant’s
immigration status: the Temporary Assistance to Needy Families (TANF) Program, the
Medicaid Program, and certain Territorial Assistance Programs (U.S. Department of
Health and Human Services); the Unemployment Compensation Program (U.S.
Department of Labor); Title IV Educational Assistance Programs (U.S. Department of
Education); and certain Housing Assistance Programs (U.S. Department of Housing and
Urban Development).

The PRWORA created a very complex set of eligibility requirements that cannot be
easily summarized. These requirements continue to be regularly amended by
Congress. The PRWORA did not affirmatively make any person eligible for any benefit.
Rather, it placed a new set of limitations on non-citizen eligibility on top of any pre-
existing program requirements (some of which may have limited non-citizen eligibility).
With certain exceptions, PRWORA made non-citizens who are not qualified aliens
ineligible for federal public benefits, and aliens who are not qualified aliens or lawful
non–immigrants or aliens paroled into the United States under Section 212(d)(5) of the
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INA for less than one year ineligible for state or local public benefits. There are also
limitations on the eligibility of qualified aliens for benefits, again with exceptions. The
PRWORA, as amended by the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA) and the Balanced Budget Act of 1997 (BBA), defines a “qualified
alien” as:

• An alien who is lawfully admitted for permanent residence under the Immigration
and Nationality Act (INA)
• An alien who is granted asylum under Section 208 of the INA
• A refugee who is admitted to the United States under Section 207 of the INA
• An alien who is paroled into the United States under Section 212(d)(5) of the INA
for a period of at least one year
• An alien whose deportation is being withheld under Section 243(h) of the INA (as
in effect prior to April 1, 1997) or whose removal has been withheld under
Section 241(b)(3)
• An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA
as in effect prior to April 1, 1980
• An alien who is a Cuban/Haitian Entrant as defined by Section 501(e) of the
Refugee Education Assistance Act of 1980
• Certain aliens who have been battered or subjected to extreme cruelty as defined
in USC Section 1641 (c)

The PRWORA restrictions do not apply to all federal, state, and locally funded activities
or programs; they apply only to non-exempted “federal public benefits” and “state and
local public benefits.” Therefore, benefit providers should first determine whether the
particular program they administer is providing a “federal public benefit” or a “state and
local public benefit” for which Title IV of PRWORA or other applied laws require alien
eligibility. For example, emergency medical care and certain forms of disaster relief are
exempt, as are other key benefits. If an agency requires further assistance in
determining whether a specific benefit it administers is a federal, state, or local public
benefit, it should contact the overseeing federal, state, or local Government agency, as
that agency would be in the best position to make that determination.

The PRWORA defines “federal public benefit” as:

• Any grant, contract, loan, professional license, or commercial license provided by
an agency of the United States or by appropriated funds of the United States.
• – AND –
• Any retirement, welfare, disability, public or assisted housing, post-secondary
education, food assistance, unemployment benefit, or any other similar benefit
for which payments or assistance are provided to an individual, household, or
family eligibility unit by an agency of the United States or by appropriated funds
of the United States.

The PRWORA’s definition of “state and local public benefit” parallels the definition of
federal public benefit, except that it substitutes “state or local government” for “the
United States.” State or local public benefits do not include federal public benefits;
therefore, a benefit cannot meet both definitions. If a benefit qualifies as a “federal
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Appendix 2: Systematic Alien Verification for
Entitlements (SAVE) Program Instructions
Manual for the Department Housing and
Urban Development