On January 27, 2009, HUD issued a final rule revising the regulations for its Enterprise Income Verification (EIV) system. The proposed rule mandates use of the EIV system for the public housing and all HUD assisted multifamily (privately owned) rental housing programs. 24 CFR 5.233. EIV is a system that integrates income and employment information from various sources. HUD makes this information available online to HUD assisted housing providers for use in operating their housing programs.

Among other changes made, this final rule required all members of a HUD assisted rental household to produce a Social Security number (SSN). In response to concerns about the final rule, HUD re-opened comment on it and delayed its effective date until January 31, 2010. On October 15, 2009, HUD issued a new proposed rule (Refinement of Income and Rent Determination Requirement in Pubic and Assisted Housing Programs: Implementation of Enterprise Income Verification. http://edocket.access.gpo.gov/2009/pdf/E9-24809.pdf

Concerning disclosure of SSNs, the proposed rule amends 24 CFR 5.216 to require that each applicant and participant in these programs submit a SSN and verification of it for every member of the household. These requirements do not apply to the following:

1. persons who do not contend to have an eligible immigration status (see 24 CFR 5.508) (this exception is noted in the preamble to the rule, but not specifically in the CFR section it proposes to amend (24 CFR 5.216);
2. participants (but not applicants) age 62 or older;
3. participants who have previously disclosed a valid SSN.
4. When a person under the age of 6 is added to the household, the participant must provide and verify an SSN for the child within 90 days of the addition.
5. The housing provider must deny or terminate assistance to anyone not meeting the SSN requirements. (24 CFR 5.218)