[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: 24CFR792.103]



[Page 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.  792.103  Definitions.



    Fraud and abuse. Fraud and abuse means a single act or pattern of 

actions:

    (1) That constitutes false statement, omission, or concealment of a 

substantive fact, made with intent to deceive or mislead; and

    (2) That results in payment of section 8 program funds in violation 

of section 8 program requirements.

    The terms Public Housing Agency (PHA) and Indian Housing Authority 

(IHA) are defined in 24 CFR part 5.

    Judgment. Judgment means a provision for recovery of section 8 

program funds obtained through fraud and abuse, by order of a court in 

litigation or by a settlement of a claim in litigation, whether or not 

stated in a court order.

    Litigation. A lawsuit brought by a PHA to recover section 8 program 

funds obtained as a result of fraud and abuse.

    Principal party in initiating or sustaining an action to recover. 

Principal party in initiating or sustaining an action to recover means 

the party that incurs more than half the costs incurred in:

    (1) Recertifying tenants who fraudulently obtained section 8 rental 

assistance;

    (2) Recomputing the correct amounts owed by tenants; and

    (3) Taking needed actions to recoup the excess benefits received, 

such as initiating litigation.

    Costs incurred to detect potential excessive benefits in the routine 

day-to-day operations of the program are excluded in determining the 

principal party in initiating or sustaining an action to recover. For 

example, the cost of income verification during an annual 

recertification would not be counted in determining the principal party 

in initiating or sustaining an action to recover.

    Public housing agency (PHA). A public housing agency as defined in 

Sec.  791.102.

    Repayment agreement. Repayment agreement means a formal document 

signed by a tenant or owner and provided to a PHA in which a tenant or 

owner acknowledges a debt, in a specific amount, and agrees to repay the 

amount due at specific time period(s).



[59 FR 9409, Feb. 28, 1994, as amended at 61 FR 5212, Feb. 9, 1996; 64 

FR 26640, May 14, 1999]