[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR990.113]

[Page 704]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 990--THE PUBLIC HOUSING OPERATING FUND PROGRAM--Table of Contents
 
                  Subpart A--The Operating Fund Formula
 
Sec. 990.113  Payments of operating subsidy conditioned upon reexamination of income of families in occupancy.

    (a) Policy. The income of each family must be reexamined at least 
annually. PHAs must be in compliance with this reexamination requirement 
to be eligible to receive full operating subsidy payments.
    (b) PHAs in compliance with requirements. Each submission of the 
original calculation of operating subsidy eligibility for a fiscal year 
shall be accompanied by a certification by the PHA that it is in 
compliance with the annual income reexamination requirements and that 
rents have been or will be adjusted in accordance with current HUD 
requirements.
    (c) PHAs not in compliance with requirements. Any PHA not in 
compliance with annual income reexamination requirement at the time of 
the submission of the calculation of operating subsidy eligibility shall 
furnish to the HUD Field Office a copy of the procedure it is using to 
attain compliance and a statement of the number of families that have 
undergone reexamination during the twelve months preceding the date of 
the Operating Budget submission, or the revision thereof. If, on the 
basis of such submission, or any other information, the Field Office 
Director determines that the PHA is not substantially in compliance with 
the annual income reexamination requirement, he or she shall withhold 
payments to which the PHA might otherwise be entitled under this part, 
equal to his or her estimate of the loss of rental income to the PHA 
resulting from its failure to comply with those requirements.