[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR990.215]

[Page 717-718]
 
                 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 718]]

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.