[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: 24CFR990.215]



[Page 719-720]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 990_THE PUBLIC HOUSING OPERATING FUND PROGRAM--Table of Contents

 

        Subpart E_Determination and Payment of Operating Subsidy

 

Sec.  990.215  Payments of operating subsidy conditioned upon 

reexamination of income of families in occupancy.



    (a) General. Each PHA is required to reexamine the income of each 

family in accordance with the provisions of the ACC, the 1937 Act, and 

HUD regulations. Income reexaminations shall be performed annually, 

except as provided in the 1937 Act, in HUD regulations, or



[[Page 720]]



in the MTW agreements. A PHA must be in compliance with all 

reexamination requirements in order to be eligible to receive full 

operating subsidy. A PHA's calculations of rent and utility allowances 

shall be accurate and timely.

    (b) A PHA in compliance. A PHA shall submit a certification that 

states that the PHA is in compliance with the annual income 

reexamination requirements and its rent and utility allowance 

calculations have been or will be adjusted in accordance with current 

HUD requirements and regulations.

    (c) A PHA not in compliance. Any PHA not in compliance with annual 

income reexamination requirements at the time of the submission of the 

calculation of operating subsidy shall furnish to the responsible HUD 

field office a copy of the procedures it is using to achieve compliance 

and a statement of the number of families that have undergone 

reexamination during the 12 months preceding the current funding cycle. 

If, on the basis of this submission or any other information, HUD 

determines that the PHA is not substantially in compliance with all of 

the annual income reexamination requirements, HUD shall withhold 

payments to which the PHA may be entitled under this part. Payment may 

be withheld in an amount equal to HUD's estimate of the loss of rental 

income to the PHA resulting from its failure to comply with the 

requirements.