An income determination off by no more than $30 a month in adjusted income is a de minimis error, but the owner must still correct it and repay an overcharged family
pbra.income_calculation.de_minimis_income_error_and_mandatory_correction · v1.0.0
The owner is not considered out of compliance with the reexamination requirements of 24 CFR 5.657 due solely to de minimis errors in calculating family income, but remains obligated to correct the errors once it becomes aware of them. A de minimis error is one where the owner's determination of family income varies from the correct determination by no more than $30 per month in monthly adjusted income, which is $360 in annual adjusted income, per family. The owner must take any corrective action necessary to credit or repay a family that has been overcharged for rent as a result of a de minimis error; families will NOT be required to repay the owner where the miscalculation resulted in the family being undercharged. The tolerance is a shield against a compliance finding, not a permission to leave the file wrong or to keep the money.
- Confidence
- high
- Effective from
- 2024-01-01
- Compliance date
- 2027-01-01
- Consequence model
- agency finding with cure
- Last reviewed
- 2026-09-02
Citations
All sources verified within 1 day- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment24 CFR 5.657(f)
- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment24 CFR 5.657(f)(1)
- Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 10488 FR 9600 (14 February 2023), effective 1 January 2024