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federalUnited StatesPublic Housingfinancial

Full operating subsidy is conditioned on compliance with the income reexamination requirements

ph.financial.operating_subsidy_conditioned_on_reexamination_compliance · v1.0.0

Each PHA is required to reexamine the income of each family in accordance with the provisions of the annual contributions contract, the 1937 Act and HUD regulations, and income reexaminations must be performed annually except as otherwise provided in the Act, in HUD regulations or in a Moving to Work agreement. A PHA must be in compliance with all reexamination requirements in order to be eligible to receive full operating subsidy, and its calculations of rent and utility allowances must be accurate and timely. The PHA must submit a certification stating that it is in compliance with the annual income reexamination requirements and that its rent and utility allowance calculations have been or will be adjusted in accordance with current HUD requirements and regulations. A PHA not in compliance at the time it submits its operating subsidy calculation must furnish the HUD field office with 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 preceding 12 months; and where HUD determines the PHA is not substantially in compliance, HUD must withhold payments in an amount equal to its estimate of the loss of rental income resulting from the failure.

Confidence
high
Effective from
2005-09-19
Consequence model
contract remedy
Last reviewed
2026-08-30

Evidence required

  • Owner annual certification to the allocating agency(one_per_year)
  • HUD-50058 Family Report(one_per_year)

Citations

All sources verified within 1 day
  • The Public Housing Operating Fund Program
    990.215(a), General
    regulationSource ↗verified 1d ago
  • The Public Housing Operating Fund Program
    990.215(b), A PHA in compliance
    regulationSource ↗verified 1d ago
  • The Public Housing Operating Fund Program
    990.215(c), A PHA not in compliance
    regulationSource ↗verified 1d ago
  • Contract provisions and requirements (Section 6 of the United States Housing Act of 1937)
    42 U.S.C. 1437d(c)(2), the ACC provision behind it
    statuteSource ↗verified 1d ago