81_FR_65115 81 FR 64932 - Eligibility of Independent Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Additional Supplementary Guidance

81 FR 64932 - Eligibility of Independent Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Additional Supplementary Guidance

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 183 (September 21, 2016)

Page Range64932-64933
FR Document2016-22727

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.

Federal Register, Volume 81 Issue 183 (Wednesday, September 21, 2016)
[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64932-64933]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ These letters reflect the numbering used in the HEA 
definition of ``independent'' for use in this notice.
---------------------------------------------------------------------------

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



                                                  64932                    Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices

                                                  identify based on that person’s appearance,             451 7th Street SW., Washington, DC                    demonstrate the absence of parents, or
                                                  behavior, expression, other gender related              20410–8000, telephone (202) 402–6050                  where an examination of the student’s
                                                  characteristics, or sex assigned to the                 (this is not a toll-free number), or                  parents’ income may not be relevant.
                                                  individual at birth or identified in                    Danielle D. Garcia, Branch Chief,                     The 2006 supplementary guidance
                                                  documents.
                                                                                                          Multifamily Housing, Assisted Housing                 instructs PHAs, Owners, and Managers
                                                  [FR Doc. 2016–22587 Filed 9–20–16; 8:45 am]             Oversight Division, Room 6148, U.S.                   to consider certain criteria, including
                                                  BILLING CODE 4210–67–P                                  Department of Housing and Urban                       but not limited to, whether:
                                                                                                          Development, 451 7th Street SW.,                         (1) The individual is of legal contract
                                                                                                          Washington, DC 20410–8000, telephone                  age under state law.
                                                  DEPARTMENT OF HOUSING AND                               (202) 402–2768 (this is not a toll-free                  (2) The individual has established a
                                                  URBAN DEVELOPMENT                                       number). Persons with hearing or                      household separate from parents or legal
                                                  [Docket No. FR–5969–N–01]                               speech impairments may access these                   guardians for at least one year prior to
                                                                                                          numbers through TTY by calling the                    application for occupancy or the
                                                  Eligibility of Independent Students for                 toll-free Federal Relay Service at (800)              individual meets the U.S. Department of
                                                  Assisted Housing Under Section 8 of                     877–8339.                                             Education’s definition of an
                                                  the U.S. Housing Act of 1937;                                                                                 ‘‘independent student.’’ Section 480(d)
                                                                                                          SUPPLEMENTARY INFORMATION
                                                  Additional Supplementary Guidance                                                                             of the Higher Education Act of 1965, as
                                                                                                          I. Background                                         amended (the HEA), 20 U.S.C.
                                                  AGENCY:  Office of the Assistant                                                                              1087vv(d).
                                                  Secretary for Housing-Federal Housing                      Section 327 of HUD’s Fiscal Year
                                                                                                                                                                   (3) The individual is not claimed as
                                                  Commissioner, and Office of the                         2006 appropriations, Title III of Public
                                                                                                                                                                a dependent by parents or legal
                                                  Assistant Secretary for Public and                      Law 109–115, 119 Stat. 2936, approved
                                                                                                                                                                guardians pursuant to IRS regulations.
                                                  Indian Housing, HUD.                                    November 30, 2005 (2006 HUD                              (4) The individual obtains a
                                                  ACTION: Notice.                                         Appropriations Act), introduced new                   certification of the amount of financial
                                                                                                          restrictions on providing housing                     assistance that will be provided by
                                                  SUMMARY:    On December 30, 2005, HUD                   assistance to students of higher                      parents, signed by the individual
                                                  published a final rule (FR–5036–F–01),                  education under section 8 of the United               providing the support, even if no
                                                  ‘‘Eligibility of Students for Assisted                  States Housing Act of 1937 (42 U.S.C.                 assistance will be provided.
                                                  Housing under Section 8 of the U.S.                     1437f) (1937 Act). On December 30,                       The 2006 supplemental guidance also
                                                  Housing Act of 1937’’, implementing                     2005, at 70 FR 77742, HUD published a                 provided a list of items that PHAs,
                                                  section 327 of the agency’s Fiscal Year                 final rule implementing section 327 of                Owners, and Managers must verify to
                                                  2006 appropriations, Title III of Public                the Act (Section 327) in accordance                   determine whether a student is
                                                  Law 109–115, 119 Stat. 2936, approved                   with the statutory requirement that HUD               independent for purposes of using the
                                                  November 30, 2005 (2006 HUD                             issue a final rule no later than 30 days              student’s income alone for determining
                                                  Appropriations Act). Section 327                        following enactment of the 2006 HUD                   Section 8 eligibility (Student’s
                                                  requires that if an individual is enrolled              Appropriations Act. HUD’s rule                        Independence Verification
                                                  at an institution of higher education                   implementing the statute prohibits                    Requirements). Those items include:
                                                  (i.e., student) is under the age of 24, is              section 8 assistance to an individual                    (1) Previous address information to
                                                  not a veteran, is unmarried and does not                who is enrolled at an institution of                  determine evidence of a separate
                                                  have a dependent child, is individually                 higher education (i.e., students), is                 household, or verifying the student
                                                  ineligible for assistance under section 8               under the age of 24, is not a veteran, is             meets the U.S. Department of
                                                  of the United States Housing Act of                     unmarried, does not have a dependent                  Education’s definition of ‘‘independent
                                                  1937 (section 8 assistance), or the                     child, and is individually ineligible for             student’’;
                                                  student’s parents are, individually or                  section 8 assistance or has parents who                  (2) prior year income tax returns to
                                                  jointly, ineligible for assistance, no                  are, individually or jointly, ineligible on           verify if a parent or guardian has
                                                  section 8 assistance can be provided to                 the basis of income to receive                        claimed the student as a dependent,
                                                  the student.                                            assistance.                                           except if the student meets the
                                                     On April 10, 2006, HUD published                        On April 10, 2006, at 71 FR 18146,                 Department of Education definition of
                                                  supplemental guidance to assist                         HUD issued supplementary guidance to                  ‘‘independent student’’; and
                                                  providers in implementing the final                     further assist Public Housing Agencies                   (3) written certification by a parent of
                                                  rule. That supplemental guidance                        (PHAs) and multifamily project owners                 the amount of financial support that
                                                  provided a list of items that Public                    and management agents (Owners and                     parent provides to the student, or
                                                  Housing Agencies, Owners, and                           Managers) with the implementation of                  written certification that the parent
                                                  Managers are required to verify when                    the new eligibility restrictions (2006                provides no financial support to the
                                                  determining whether a student’s income                  supplementary guidance). HUD’s 2006                   student.
                                                  alone should be used to determine                       supplementary guidance provided                          HUD also adopted in Appendix A of
                                                  section 8 eligibility, and this notice                  certain exceptions to the requirement                 the 2006 supplementary guidance the
                                                  updates that list of items to remain                    that the eligibility of a student seeking             U.S. Department of Education’s (ED)
                                                  consistent with the U.S. Department of                  section 8 assistance would be                         definition of ‘‘independent student’’
                                                  Education’s definition of ‘‘independent                 determined based on income eligibility                from the HEA. ED’s definition provided
                                                  student,’’ and reduce barriers for                      for the assistance by both the student                that an ‘‘independent student’’ is a
                                                  vulnerable youth to receive assistance                  and the student’s parents. HUD’s 2006                 student who meets one or more of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and continue their education.                           supplementary guidance explained that                 following criteria: (a) Is at least 24 years
                                                  FOR FURTHER INFORMATION CONTACT:                        a student, under the age of 24 who                    old by December 31 of the award year
                                                  Rebecca L. Primeaux, Director, Housing                  meets the additional criteria of Section              for which aid is sought; (b) is an orphan
                                                  Voucher Management and Operations                       327, may still be income eligible for                 or a ward of the court through the age
                                                  Division, Office of Public and Indian                   assistance in circumstances where the                 of 18; (c) is a veteran of the United
                                                  Housing, Room 4214, U.S. Department                     student can demonstrate independence                  States Armed Forces; (d) has legal
                                                  of Housing and Urban Development,                       from parents, where the student can                   dependents other than a spouse (for


                                             VerDate Sep<11>2014   18:19 Sep 20, 2016   Jkt 238001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                                                          Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices                                                 64933

                                                  example, dependent children or an                         g. The individual has legal                         person is an ‘‘independent student’’ for
                                                  elderly dependent parent); (e) is a                     dependents other than a spouse;                       purposes of using only the student’s
                                                  graduate or professional student; or, (f)                 h. The individual has been verified                 income for determining eligibility for
                                                  is married.1                                            during the school year in which the                   section 8 assistance. The new Student’s
                                                     In 2007, the HEA definition was                      application is submitted as either an                 Independence Verification
                                                  amended and expanded in Section 604                     unaccompanied youth who is a                          Requirements are as follows:
                                                  of the College Cost Reduction and                       homeless child or youth (as such terms
                                                  Access Act of 2007 (Public Law 110–84,                  are defined in section 725 of the                        PHAs, Owners, and Managers of
                                                  121 Stat. 784, approved September 27,                   McKinney-Vento Homeless Assistance                    section 8 assistance will need to verify
                                                  2006). The College Cost Reduction and                   Act) (42 U.S.C. 11431 et seq.), or as                 a student’s independence from his or
                                                  Access Act added new criteria to the                    unaccompanied, at risk of                             her parents to determine that the
                                                  definition of ‘‘independent student’’ to                homelessness, and self-supporting, by—                student’s parents’ income is not relevant
                                                  include broadening the category of                        (i) a local educational agency                      for determining the student’s eligibility
                                                  students who were orphans or wards of                   homeless liaison, designated pursuant                 for assistance by doing all of the
                                                  the court at age 18 to include those who                to section 722(g)(1)(J)(ii) of the                    following:
                                                  were orphans, in foster care, or were                   McKinney-Vento Homeless Assistance                       (1) Reviewing and verifying previous
                                                  wards of the court at any time when the                 Act;                                                  address information to determine
                                                  individual was 13 years of age or older;                  (ii) the director of a program funded               evidence of a separate household or
                                                  it added those students who are or were                 under the Runaway and Homeless                        verifying the student meets the U.S.
                                                  emancipated or in legal guardianship;                   Youth Act or a designee of the director;              Department of Education’s definition of
                                                  and added unaccompanied youths who                        (iii) the director of a program funded
                                                  are homeless or who are at risk of                                                                            ‘‘independent student’’;
                                                                                                          under subtitle B of title IV of the
                                                  homelessness. This new definition was                   McKinney-Vento Homeless Assistance                       (2) Reviewing a student’s prior year
                                                  adopted by ED in guidance.                              Act (relating to emergency shelter                    income tax returns to verify the student
                                                                                                          grants) or a designee of the director; or             is independent or verifying the student
                                                  II. Definition of ‘‘Independent Student’’
                                                                                                            (iv) a financial aid administrator; or              meets the U.S. Department of
                                                     This notice brings HUD’s guidance                      i. The individual is a student for                  Education’s definition of ‘‘independent
                                                  into conformity with the updated HEA                    whom a financial aid administrator                    student’’; and
                                                  definition and ED’s definition of                       makes a documented determination of
                                                  ‘‘independent student.’’ ED’s definition                                                                         (3) Verifying income provided by a
                                                                                                          independence by reason of other                       parent by requiring a written
                                                  of ‘‘independent student’’ is one of the                unusual circumstances.2
                                                  criteria in HUD’s 2006 supplementary                                                                          certification from the individual
                                                  guidance for PHAs, owners and                           III. Student’s Independence                           providing the support. Certification is
                                                  managers to use in verifying whether a                  Verification Requirements                             also required if the parent is providing
                                                  student is ‘‘independent.’’ Specifically,                  HUD is also amending the Student’s                 no support to the student. Financial
                                                  HUD is updating the definition of                       Independence Verification                             assistance that is provided by persons
                                                  ‘‘independent student’’ to include the                  Requirements set out in the 2006                      not living in the unit is part of annual
                                                  more expansive definition found in                      supplementary guidance. These                         income. (Except if the student meets the
                                                  HEA, as amended by the College Cost                     requirements may create barriers for                  Department of Education’s definition of
                                                  Reduction and Access Act of 2007.                       youth, and especially vulnerable youth                ‘‘independent student’’ in paragraphs
                                                     ED’s definition of ‘‘independent                     (i.e., unaccompanied homeless youth, at               (b), (c) or (h) adopted in section II of this
                                                  student’’, which now applies is:                        risk of being homeless youth, and youth               notice).
                                                     a. The individual is 24 years of age or              who have aged out of foster system), to
                                                  older by December 31 of the award year;                                                                          This guidance and HUD’s rule focus
                                                                                                          receive assistance and continue their                 on a student under the age of 24 who
                                                     b. The individual is an orphan, in
                                                                                                          education, as many of these youth are                 meets the additional requirements of
                                                  foster care, or a ward of the court or was
                                                                                                          not connected to their parents or                     section 327 and who is not residing in
                                                  an orphan, in foster care, or a ward of
                                                                                                          caregivers to obtain the information                  a section 8 assisted unit with his or her
                                                  the court at any time when the
                                                                                                          necessary to show they are
                                                  individual was 13 years of age of older;                                                                      parents, but who is individually seeking
                                                     c. The individual is, or was                         ‘‘independent’’ under HUD’s current
                                                                                                                                                                to reside in a section 8 assisted unit.
                                                  immediately prior to attaining the age of               guidance. Therefore, HUD is clarifying
                                                                                                          that the tax return requirement only                  Neither the rule nor this guidance
                                                  majority, an emancipated minor or in                                                                          applies to students residing with their
                                                  legal guardianship as determined by a                   applies to providing the student’s tax
                                                                                                          returns and not that of the student’s                 parents in a section 8 assisted unit or
                                                  court of competent jurisdiction in the                                                                        who reside with parents who are
                                                  individual’s State of legal residence;                  parents.
                                                                                                             HUD also provides through this                     applying to receive section 8 assistance.
                                                     d. The individual is a veteran of the
                                                  Armed Forces of the United States (as                   guidance that an individual who meets                   Dated: September 16, 2016.
                                                  defined in subsection (c)(1) of HEA) or                 ED’s ‘‘independent student’’ definition               Lourdes Castro Ramirez,
                                                  is currently serving on active duty in the              in paragraph (b), (c), or (h), as adopted
                                                                                                                                                                Principal Deputy Assistant Secretary for
                                                  Armed Forces for other than training                    in Section II of this notice, are                     Public and Indian Housing.
                                                  purposes;                                               considered ‘‘vulnerable youth’’ for
                                                                                                          purposes of this guidance, and provides               Edward L. Golding,
                                                     e. The individual is a graduate or
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          that when a PHA, owner or manager                     Principal Deputy Assistant Secretary for
                                                  professional student;
                                                                                                          determines an individual is a                         Housing.
                                                     f. The individual is a married
                                                                                                          ‘‘vulnerable youth’’ such determination               [FR Doc. 2016–22727 Filed 9–20–16; 8:45 am]
                                                  individual;
                                                                                                          is all that is necessary to determine a               BILLING CODE 4210–67–P
                                                    1 The Higher Education Act of 1965. 20 U.S.C.
                                                  1087vv(d). See also Jeffrey R. Andrade, ‘‘Dear            2 These letters reflect the numbering used in the

                                                  Colleague’’ Letter, U.S. Dep’t of Educ. (May 2,         HEA definition of ‘‘independent’’ for use in this
                                                  2003), https://ifap.ed.gov/dpcletters/GEN0307.html.     notice.



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Document Created: 2016-09-21 01:30:54
Document Modified: 2016-09-21 01:30:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactRebecca 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.
FR Citation81 FR 64932 

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