SECTION 330:50-3-12. Citizenship/eligible immigration status  


Latest version.
  • (a)   In order to receive assistance, a family member must be a U.S. citizen or eligible immigrant. Individuals who are neither may elect not to contend their status. Eligible immigrants are persons who are in one of the six immigrant categories as specified by HUD.
    (b)   For the Citizenship/Eligible Immigration requirement, the status of each member of the family is considered individually before the family's status is defined.
    (1)   Mixed Families. A family is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Families that include eligible and ineligible individuals are called "mixed." Such applicant families will be given notice that their assistance will be pro-rated and that they may request a hearing if they contest this determination.
    (2)   No eligible members. Applicant families that include no eligible members will be ineligible for assistance. Such families will be denied admission and offered an opportunity for a hearing.
    (3)   Non-citizen students defined by HUD in the noncitizen regulations are not eligible for assistance.
    (4)   Appeals. For this eligibility requirement only, the applicant is entitled to a hearing exactly like those provided for participants.
[Source: Added at 16 Ok Reg 2905, eff 7-12-99]