The Trainer

NAVIGATING EIV; HANDLING REASONABLE ACCOMMODATION REQUESTS FOR MEDICAL MARIJUANA USE

In this month's feature, we gave you four tips to bear in mind when using HUD's EIV system to verify an applicant or resident's employment and income at certification or recertification. The EIV system allows you to determine whether applicants and residents are reporting their household income accurately and to identify when an applicant has given you a false Social Security number. Knowing how to handle discrepancies between what the EIV reports and what the applicant reports will help minimize adverse findings on your management and occupancy reviews, and save you from having to recover rental assistance that HUD overpaid on a resident's behalf because the correct amount wasn't calculatedly properly at certification.

In our article on fair housing, we discussed what to do when an applicant or resident asks for permission to use medical marijuana in his unit as a reasonable accommodation for his disability. As more states legalize the use of marijuana for treating qualifying medical conditions, more site managers are being asked for this accommodation. We explained how you can handle these requests without violating any fair housing or discrimination laws.

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

An applicant tells you that he misplaced his Social Security card and asks whether he can show you a different document as proof of his Social Security number (SSN). According to HUD, which of the following documents is not acceptable proof of an applicant's SSN?

1. Driver's license.

2. Car insurance policy.

3. Health insurance ID card.

4. Union ID card.

QUESTION #2

When verifying an applicant's income, you notice that the income listed on the EIV report is different from the income the applicant reported to you. The applicant explains that in addition to employment income, she also receives child support from her ex-husband. After verifying the child support payments and employment income with third parties, you do not need to put a copy of the EIV report in the applicant's file, since it doesn't reflect the correct income. True or false?

1. True.

2. False.

QUESTION #3

During the application process, you explain to an applicant that she can't receive benefits for a unit at your site if she's receiving benefits for a unit at another assisted housing site. To confirm that there's no “dual subsidy” issue, you should:

1. Ask the applicant to sign a form certifying that she's not receiving benefits in connection with a unit at another housing site.

2. Perform an Existing Tenant Search in the EIV system before the resident's first recertification or move-out.

3. Perform an Existing Tenant Search in the EIV system before the resident moves in.

QUESTION #4

An applicant from the Middle East claims that he has applied for temporary lawful resident status. He says that although the government has assigned him a Social Security number, he doesn't have any documentation of it. You should:

1. Deny his application because he's not a U.S. citizen.

2. Offer to put him on the waiting list until his Social Security card is issued.

3. Deny his application and report his presence in the U.S. to the Department of Homeland Security (DHS).

4. Ask him to show you a letter from the DHS indicating that he has been assigned a SSN.

QUESTION #5

Your state has legalized the use of medical marijuana for certain qualifying medical conditions. A resident with a back injury asks you to let him smoke marijuana in his unit as a reasonable accommodation for his disability. You should:

1. Ask him for a note from his physician verifying his disability.

2. Ask him for a note from his physician verifying that his use of medical marijuana is necessary for him to use and enjoy his dwelling.

3. Deny his request because a back injury doesn't qualify as a disability under the Fair Housing Act.

4. Deny his request because marijuana is considered an illegal drug under federal law; it doesn't matter that your state law permits its use medically.

QUESTION #6

You learn that a resident with cancer has been smoking marijuana in her unit. Although marijuana use is legal in your state when prescribed by a physician for a qualifying medical condition, federal law bans its use. Must you evict her?

1. Yes.

2. No.

3. You have the discretion whether or not to pursue eviction.