Before reducing or terminating any benefit the owner must independently verify the conflicting information, then give written notice and a 10-day meeting with staff who were not involved
mfh.termination_tenancy.discrepancy_and_error_procedure_before_any_adverse_action · v1.0.0
Owners must investigate and research discrepancies and possible errors, using HUD's EIV system as a tool to identify discrepancies in reported income and tenants who may be deceased or receiving assistance at more than one location. Where the owner suspects a tenant has inaccurately supplied or misrepresented information affecting rent or eligibility, the owner must investigate and document the tenant's statements and any conflicting information -- and may not suspend, terminate, reduce or make a final denial of any of the tenant's benefits until it has taken appropriate steps to independently verify the tenant's information or the conflicting information. If an intentional misstatement or withholding cannot be substantiated through documentation, the owner must treat the case as an unintentional program violation. After gathering documentation the owner must notify the tenant in writing of the error and identify what information is believed incorrect; the tenant must have an opportunity, within 10 days, to meet with the owner and discuss the allegations; the owner must inform the tenant that failing to do so may result in termination of tenancy; the meeting must be with a designated representative who has not been involved in any manner with the review of the allegedly false information; and the owner must give a written final decision, based solely on the facts presented at the meeting and stating the basis for the determination, within 10 days of the meeting. For a tenant with a disability the notice must be accessible and the meeting must be held in an accessible location.
- Confidence
- high
- Effective from
- 2013-11-27
- Last reviewed
- 2026-09-01
Citations
All sources verified within 1 day- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-18.C.1 NOTE
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-18.C.2
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-18.D.1 and D.2
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-18.D.2.b and D.2.c
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-18.E.2.b