[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: 24CFR884.218]



[Page 125-126]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 884_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION 

SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS--Table of Contents

 

               Subpart B_Project Development and Operation

 

Sec.  884.218  Reexamination of family income and composition.



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

composition of all families at least once each year. Upon verification 

of the information, the owner must make appropriate adjustments in the 

Total Tenant Payment in accordance with part 5 of this title and 

determine whether the family's unit size is still appropriate. The owner 

must adjust Tenant Rent and the Housing Assistance Payment to reflect 

any change in Total Tenant Payment and carry out any unit transfer 

required by HUD. At the time of the annual reexamination of family 

income and composition, the owner must require the family to disclose 

and verify Social Security Numbers, as provided by 24 CFR part 5. 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 24 CFR part 5. At the first regular 

reexamination after June 19, 1995, the owner 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 owner shall 

follow the requirements of 24 CFR part 5 concerning verification of the 

immigration status of any new family member.

    (b) Interim reexaminations. The family must comply with provisions 

of its lease regarding interim reporting of changes in income. If the 

owner receives information concerning a change in the family's income or 

other



[[Page 126]]



circumstances between regularly scheduled reexaminations, the owner 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 24 CFR 

750.10(d)(2)(i) 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 24 CFR 

part 5. At any interim reexamination after June 19, 1995 when there is a 

new family member, the owner 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) Continuation of housing assistance payments. A family's 

eligibility for Housing Assistance Payments continues until the Total 

Tenant Payment equals the Contract Rent plus any utility allowance, or 

until the family loses eligibility for continued occupancy under 

Farmer's Home Administration regulations. 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 24 CFR part 5, 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 24 CFR part 5. For 

provisions requiring termination of assistance for failure to establish 

citizenship or eligible immigration status, see 24 CFR part 5 and also 

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 7541, Feb. 22, 1991, as amended at 60 FR 14845, Mar. 20, 1995; 61 

FR 13594, Mar. 27, 1996; 65 FR 16723, Mar. 29, 2000]