Page:United States Statutes at Large Volume 110 Part 4.djvu/850

This page needs to be proofread.


110 STAT. 3009-687 PUBLIC LAW 104-208—SEPT. 30, 1996 "(B) provide that the individual may request a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and "(C) provide to the individual written notice of the determination under this paragraph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C)."; and (6) by striking paragraph (6) and inserting the following: "(6) The Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to reside in the public or assisted housing unit of the individual. This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was considered in calculating any proration of assistance provided for the family.". SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL ASSISTANCE ELIGIBILITY DETERMINATIONS. Section 214(e) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(e)) is amended— (1) in paragraph (2), by adding "or" at the end; (2) in paragraph (3), by adding at the end the following: "the response from the Immigration and Naturalization Service to the appeal of that individual."; and (3) by striking paragraph (4). SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING. Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended by adding at the end the following new subsection: "(h) VERIFICATION OF ELIGIBILITY.— "(1) IN GENERAL. —Except in the case of an election under paragraph (2)(A), no individual or family applying for financial assistance may receive such financial assistance prior to the affirmative establishment and verification of eligibility of at least the individual or one family member under this section by the Secretary or other appropriate entity. "(2) RULES APPLICABLE TO PUBLIC HOUSING AGENCIES.— A public housing agency (as that term is defined in section 3 of the United States Housing Act of 1937)— "(A) may elect not to comply with this section; and "(B) in complying with this section— "(i) may initiate procedures to affirmatively establish or verify the eligibility of an individual or family under this section at any time at which the public housing agency determines that such eligibility is in question, regardless of whether or not that individual or family is at or near the top of the waiting list of the public housing agency; "(ii) may affirmatively establish or verify the eligibility of an individual or family under this section in accordance with the procedures set forth in section 274A(b)(l) of the Immigration and Nationality Act; and