EIV shows the list of households whose household actual income is at least $2,400 greater than the household’s reported projected income. To determine the income discrepancy, EIV looks at a Period of Income
Actual Income: Amounts contained in EIV from SSA (SS, SSI, and Dual Entitlement benefits) and HHS (wages and unemployment compensation).
Projected Income: Amounts (all income and benefits) entered on the HUD form-50059 by the O/A or Service Bureaus on behalf of O/As. When running the report, the O/A staff must select recertification month “All”.
Period of Income (POI): start date is 15 months prior to the household’s annual re-certification date and the end date is 3 months prior to the household’s annual re-certification. For example, if the household’s annual recertification is 05/01/09, the household’s POI is 02/01/08 – 01/30/09. This is the period when the income discrepancy occurred.
In resolving income discrepancies identified on EIV’s Income Discrepancy Report, O/As must look at the tenant income received during the POI.
Amounts received by tenants outside of this period ARE NOT considered in determining discrepancy amounts.
Therefore, it is very important that management look at the effective dates of income and benefit amounts paid to tenants in resolving income discrepancies.
The following are steps that will be taken to resolve income discrepancies:
If resident disagrees with the Discrepancy Report issued by the EIV system, a meeting will be scheduled by Management with resident to resolve dispute.
All details of the Discrepancy Report will be documented and resident will have 15 business days to obtain third-party verification of disputed EIV data such as that provided by SSA, HHS and NDNH, in accordance with 24 CFR 5.236 and submit said verification to Management.
All tenant-provided and submitted documentation should be currently dated (not more than 60 days previous to the initial resolution meeting).
Once the information is received from tenant (within the 15 day period), Management will compare the SS, SSI, wage and unemployment compensation information reported on the HUD-50059s contained in the resident file that were in effect during the Period of Income (POI).
Review of third party verifications, along with the employment and income information reported in EIV to will be used to determine whether or not there is a valid discrepancy and render a final decision within 10 business days.
Tenants must repay HUD for overpaid assistance - If, in fact, there was unreported or misreported income, you must go back to the point the income began, and determine the amount the tenant owes HUD.
You can go back a maximum of five years, based on the provisions of the 9887/9887A.
You must give the tenant a copy of the calculations as well as keep them in the tenant file.
If the tenant can’t pay the amount owed, do a Repayment Agreement. Sites are required to reimburse funds collected from the tenant to HUD, and may retain up to 20% of amounts collected for documented collection costs.
If the tenant is in lease non-compliance for fraud, you may evict.
If the tenant defaults on payments the tenant is in lease non-compliance and eviction proceedings should begin. You must also file a civil action to recover owed amounts.
You must report suspected fraud to the District HUD OIG Office.
If a situation arises where facts indicate that a resident has unreported or under-reported income, a repayment agreement in accordance with Chapter 8, Paragraph 8-20.A of Handbook 4350.3 REV-1, Change 2, will be executed between the resident and Management, a revision to the current and future rental payments will be made. If a resident refuses to enter into a repayment agreement and/or refuses to pay the newly calculated rent, termination of assistance shall occur using the established policies of the Section 8 Programs.
NOTE: Before O/As may take any action (terminate, deny, suspend or reduce any assistance) against a tenant who may not have reported all of his/her income, O/As must follow the guidance in Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs, Chapter 8, Section 4. Additional guidance for resolving income discrepancies may also be found in Notice H 2008-03, Enterprise Income Verification (EIV) posted on HUDCLIPS at:: http://www.hud.gov/offices/adm/hudclips/notices/hsg/files/09-20HSGN.doc and in the document titled "Resolving Income Discrepancies between Tenant Provided and Enterprise Income Verification (EIV) System Income Data" posted on the Multifamily EIV website at: http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/resincdisc.pdf.
Attachments;
History______________________________________________________________
Gabrielle Harris composed this Policy/Procedure on 02/09/2011 03:29:56 PM.
Gabrielle Harris edited this Policy/Procedure on 10/28/2013 08:40:23 AM.
Gabrielle Harris edited this Policy/Procedure on 10/28/2013 08:41:15 AM.