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HUD OIG: HUD Needs To Clarify Whether Illegal-Undocumented Aliens Are Eligible for Assistance Under the Housing Opportunities for Persons With AIDS Program

August 1, 2017

Pursuit's Take

HUD OIG assisted U.S. Attorney’s Office, Southern District of New York in a civil investigation related to illegal-undocumented aliens  receiving Housing Opportunities for Persons with AIDS (HOPWA) assistance.  The HOPWA program at 24 CFR (Code of Federal Regulations) Part 574 is a HUD Office of Community Planning and Development (CPD) grant program that provides formula allocations and competitively awarded grants to eligible States, cities, and nonprofit organizations to provide housing assistance and related supportive services to meet the housing needs of low-income persons and their families living with HIV-AIDS.

Noncitizen or alien ineligibility for federally funded programs is a recurring issue in Congress. The issue of nonqualified aliens receiving assistance under HOPWA or other homeless assistance programs has not been clearly addressed in HUD regulations and guidance.  Specifically, there does not appear to be any clear guidance as to whether programs that are funded through HUD’s community development programs and administered through nonprofits (such as HOPWA) have been clearly designated as a “Federal public benefit.”

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