[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR792.102]



[Page 32-33]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER VII--OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN 

 DEVELOPMENT (HOUSING ASSISTANCE PROGRAMS AND PUBLIC AND INDIAN HOUSING 

                                PROGRAMS)

 

PART 792_PUBLIC HOUSING AGENCY SECTION 8 FRAUD RECOVERIES--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec.  792.102  Applicability.



    (a) This part applies to a PHA acting as a contract administrator 

under an annual contributions contract with HUD in any section 8 housing 

assistance payments program. To be eligible to retain section 8 tenant 

or owner fraud recoveries, the PHA must be the principal party 

initiating or sustaining an action to recover amounts from families.

    (b) This part applies only to those instances when a tenant or owner 

committed fraud, and the fraud recoveries are obtained through 

litigation brought by the PHA (including settlement of the lawsuit), a 

court-ordered restitution pursuant to a criminal proceeding, or an 

administrative repayment agreement with the family or owner as a result 

of a PHA administrative grievance procedure pursuant to, or 

incorporating the requirements of, Sec.  982.555 of this title. This 

part does not apply to cases of owner fraud in PHA-owned or controlled 

units, or where incorrect payments were made or benefits received 

because of calculation errors instead of willful fraudulent activities.

    (c) This part applies to all tenant and owner fraud recoveries 

resulting from litigation brought by the PHA (including settlement of 

the lawsuit), or a court-ordered restitution pursuant to a



[[Page 33]]



criminal proceeding obtained on or after October 8, 1986, and to all 

tenant and owner fraud recoveries obtained through administrative 

repayment agreements signed on or after October 28, 1992.



[59 FR 9409, Feb. 28, 1994, as amended at 64 FR 26640, May 14, 1999]