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federalUnited StatesSection 8 Project-Based Rental Assistanceincome_calculation

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.

HUD Handbook 4350.3 REV-1 CHG-4 was read 2026-09-02 and contains no de minimis tolerance -- the provision postdates the 2013 edition by a decade. Nothing in this rule rests on the handbook, and the handbook's pre-HOTMA discrepancy procedure at 8-17 to 8-19 is deliberately NOT cited here.
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 Payment
    24 CFR 5.657(f)
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    24 CFR 5.657(f)(1)
    regulationSource ↗verified 1d ago
  • Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104
    88 FR 9600 (14 February 2023), effective 1 January 2024
    regulationSource ↗verified 1d ago