[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: 24CFR886.124]



[Page 140-141]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 886_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_SPECIAL ALLOCATIONS

--Table of Contents

 

 Subpart A_Additional Assistance Program for Projects With HUD-Insured 

                         and HUD-Held Mortgages

 

Sec.  886.124  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. 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 owner shall follow the 

requirements of part 5, subpart E, of this title 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 part 5, subpart E, of this title 

concerning verification of the immigration status of any new family 

member.

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

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

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

other 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 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 owner shall follow 

the requirements of part 5, subpart E, of this title



[[Page 141]]



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 will continue until the 

Total Tenant Payment equals the Gross Rent. The termination of 

eligibility 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 program 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 

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 for failure to establish 

citizenship or eligible immigration status, see part 5, subpart E, of 

this title 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 7542, Feb. 22, 1991, as amended at 60 FR 14846, Mar. 20, 1995; 61 

FR 11119, Mar. 18, 1996; 65 FR 16723, Mar. 29, 2000]