[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: 24CFR882.515]



[Page 87-88]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 882_SECTION 8 MODERATE REHABILITATION PROGRAMS--Table of Contents

 

    Subpart E_Special Procedures for Moderate Rehabilitation_Program 

                        Development and Operation

 

Sec.  882.515  Reexamination of family income and composition.



    (a) Regular reexaminations. The PHA must reexamine the income and 

composition of all families at least once every 12 months. After 

consultation with the family and upon verification of the information, 

the PHA must make appropriate adjustments in the Total Tenant Payment in 

accordance with part 813 of this chapter and determine whether the 

family's unit size is still appropriate (see Sec.  882.213). The PHA 

must adjust Tenant Rent and the Housing Assistance Payment to reflect 

any change in Total Tenant Payment. At the time of the annual 

reexamination of family income and composition, the PHA must require the 

family to disclose and verify Social Security Numbers. For requirements 

regarding the signing and submitting of consent forms by families for 

the obtaining of wage and claim information from State Wage Information 

Collection Agencies, see part 5, subpart B, of this title. At the first 

regular reexamination after June 19, 1995, the PHA shall follow the 

requirements of 24 CFR part 5 concerning obtaining and processing 

evidence of citizenship or eligible immigration status of all family 

members. Thereafter, at each regular reexamination, the PHA shall follow 

the requirements of 24 CFR part 5 concerning verification of immigration 

status of any new family member.

    (b) Interim reexaminations. If the PHA receives information 

concerning a change in the family's income or other circumstances 

between regularly scheduled reexaminations, the PHA must consult with 

the family and make any adjustments determined to be appropriate. Any 

change in the family's income or other circumstances that results in an 

adjustment in the Total Tenant Payment, Tenant Rent, and Housing 

Assistance Payment must be verified. See part 5, subpart B, of this 

title for the requirements for the disclosure and verification of Social 

Security Numbers at interim reexaminations involving new family members. 

For requirements regarding the signing and submitting of consent forms 

by families for the obtaining of wage and claim information from State 

Wage Information Collection Agencies, see part 5, subpart B, of this 

title. At any interim reexamination after June 19, 1995 when there is a 

new family member, the PHA shall follow the requirements of 24 CFR part 

5 concerning obtaining and processing evidence of citizenship or 

eligible immigration status of the new family member.

    (c) Obligation to supply information. The family must supply such 

certification, release, information or documentation as the PHA or HUD 

determine to be necessary, including submission of required evidence of 

citizenship or eligible immigration status, submission of social 

security numbers and verifying documentation, submission of signed 

consent forms for the obtaining of wage and claim information from State 

Wage Information Collection Agencies, and submissions required for an 

annual or interim reexamination of family income and composition. See 24 

CFR part 5.

    (d) Continuation of housing assistance payments. A family's 

eligibility for Housing Assistance Payments shall continue until the 

Total Tenant Payment equals the Gross Rent. The termination of 

eligibility at such point will not affect the family's other rights 

under its lease, nor will such termination preclude the resumption of 

payments as a result of later changes in income, rents or other relevant 

circumstances during the term of the Contract. However, eligibility also 

may be terminated in accordance with HUD requirements for such reasons 

as failure to submit requested verification information, including 

failure to meet the disclosure and verification requirements for Social 

Security Numbers, as provided by part 5, subpart B, of this



[[Page 88]]



title, or failure to sign and submit consent forms for the obtaining of 

wage and claim information from State Wage Information Collection 

Agencies, as provided by part 5, subpart B, of this title. For 

provisions requiring termination of assistance when the PHA determines 

that a family member is not a U.S. citizen or does not have eligible 

immigration status, see 24 CFR parts 5 and 982 for provisions concerning 

certain assistance for mixed families (families whose members include 

those with eligible immigration status, and those without eligible 

immigration status) in lieu of termination of assistance, and for 

provisions concerning deferral of termination of assistance.



[56 FR 7539, Feb. 22, 1991, as amended at 60 FR 14844, Mar. 20, 1995; 61 

FR 11118, Mar. 18, 1996; 61 FR 13625, Mar. 27, 1996; 63 FR 23855, Apr. 

30, 1998]