Research requirements
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- federalUnited StatesPBRAA tenant who has had all three reminder notices and reports on or after the anniversary date begins paying market rent on that date, and assistance resumes only prospectivelyRequirement excerpt: Where the owner gave all three reminder notices in accordance with HUD requirements and the tenant reports for the recertification interview on or after the recertification anniversary date, the tenant must begin paying the market rent on…Read conditions and sources →
- federalUnited StatesPBRAA termination for other good cause takes effect at the end of the lease term and never earlier than 30 days after the tenant receives the notice, and the conduct must have been noticed in advanceRequirement excerpt: Other good cause is defined by state and local law, not by HUD, and whether it exists may be resolved between owner and tenant in court in an eviction action. A tenant's conduct may be deemed good cause only where the owner has given the…Read conditions and sources →
- federalUnited StatesPBRAA termination of assistance notice must state the date, the reasons, the new rent, the eviction consequence and a 10-day right to meet, and must be both mailed and hand deliveredRequirement excerpt: When terminating assistance the owner must give the tenant proper written notice of the increase in rent. The notice should state the specific date the assistance will terminate; the reasons for terminating it; the amount of rent the tenant…Read conditions and sources →
- federalUnited StatesPBRAA termination of tenancy notice must state the date and enough detail to prepare a defence, give 10 days to discuss, and be served by mail and hand delivery in the named programsRequirement excerpt: Written notice of a proposed termination of tenancy must state the specific date the tenancy will be terminated; state the reasons for the action with enough detail to enable the tenant to prepare a defence; advise the tenant that remaining…Read conditions and sources →
- federalUnited StatesPublic HousingReview limitationsAdmission requires a family that is low income and within the net asset and property ownership limitsRequirement excerpt: An applicant must meet all eligibility requirements in order to be admitted to public housing. At a minimum the applicant must be a family as defined in 24 CFR 5.403, must be income-eligible, and must meet the net asset and property…Read conditions and sources →
- federalUnited StatesHTFReview limitationsAn HTF grantee MUST accept the public housing agency's or rental subsidy provider's determination of a family's annual and adjusted incomeRequirement excerpt: Where a family is applying for or living in an HTF-assisted rental unit and the unit is assisted under the public housing program, the grantee must accept the public housing agency's determination of the family's annual income and adjusted…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsAn 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 familyRequirement excerpt: 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…Read conditions and sources →
- federalUnited StatesPBRAAn owner modifies the lease only by addendum and only after prior written HUD or Contract Administrator approvalRequirement excerpt: An owner may modify the terms and conditions of the lease only in the form of a lease addendum, and must receive the prior written approval of HUD or the Contract Administrator before providing the modification to tenants. Changes to the…Read conditions and sources →
- federalUnited StatesPBRAApproved rent changes take effect on the date HUD or the Contract Administrator approved, retroactively where that date has passed, and the utility allowance follows the rent dateRequirement excerpt: Owners must implement approved rent changes on the effective date approved by HUD or the Contract Administrator. That date may reflect a retroactive approval, in which case the owner must change the tenant certification and adjust the…Read conditions and sources →
- federalUnited StatesPBRAAssistance must be terminated on six named grounds and must not be terminated on any otherRequirement excerpt: An owner must terminate a tenant's assistance where the tenant fails to provide required information at recertification, including changes in family composition or changes in income or social security numbers for new household members;…Read conditions and sources →
- federalUnited StatesPBRAAssistance on the original unit may not be reduced or terminated until the family has been offered an appropriately sized unit and given at least 30 days to moveRequirement excerpt: Where the owner determines that a tenant's current unit is smaller or larger than appropriate because of a change in family size or composition, the owner must decide whether to require a transfer -- but must not reduce or terminate the…Read conditions and sources →
- federalUnited StatesPBRABefore 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 involvedRequirement excerpt: 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…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsConsent forms may be used only in defined windows, and the history an owner may request through them is capped at 12 months absent inconsistent informationRequirement excerpt: Form HUD-9887-A and the owner's individual verification forms may be used during the 120 days before the certification period; during the certification period they may be used only where the owner receives information indicating that what…Read conditions and sources →
- federalUnited StatesPBRAEight provisions must never appear in a lease modification, and a pet-liability waiver is prohibited in elderly and disabled propertiesRequirement excerpt: A lease modification must not include a confession of judgment; distraint for rent or other charges; an exculpatory clause; a waiver of legal notice by the tenant before an eviction or money-judgment action; a waiver of legal proceedings; a…Read conditions and sources →
- federalUnited StatesPBRAEvery application must be date- and time-stamped on receipt, and then processed, placed on the waiting list, or rejected on a preliminary eligibility determinationRequirement excerpt: On receipt of an application for tenancy or assistance the owner must indicate on the application the date and time received, by date-and-time stamp or by writing and initialling it. The owner must then do one of three things: process the…Read conditions and sources →
- federalUnited StatesPBRAEvery change to the waiting list must be annotated so an independent reviewer can trace it, a manual list must never be rewritten, and a removal must be documented with its time and dateRequirement excerpt: Whenever a change is made in the waiting list, an action is taken, or an activity specific to an applicant occurs, a notation must be made on the waiting list. The goal is an auditable record of additions, selections, withdrawals and…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsEvery household member must disclose and document a Social Security Number, and a participant who does not must have assistance or tenancy terminatedRequirement excerpt: The SSN disclosure, documentation and verification requirements of 24 CFR 5.216 apply to applicants and participants, and are inapplicable only to individuals who do not contend eligible immigration status under 24 CFR part 5 subpart E. The…Read conditions and sources →
- federalUnited StatesHCVFamily income and composition must be reexamined at least annually with third-party verificationRequirement excerpt: The PHA must reexamine family income and composition at least annually. For each reexamination the PHA must obtain and document third-party verification of reported annual income, the value of assets, expenses related to deductions from…Read conditions and sources →
- federalUnited StatesHOPWAReview limitationsHOPWA asset declarations use an annually adjusted threshold and require periodic third-party verificationRequirement excerpt: The grantee must obtain and document IN THE TENANT FILE third-party verification of reported family annual income, the value of assets, expenses related to deductions from annual income, and other factors that affect the determination of…Read conditions and sources →
- federalUnited StatesMod RehabIncome and composition must be reexamined at least once every 12 monthsRequirement excerpt: The PHA must reexamine the income and composition of all families at least once every 12 months, make appropriate adjustments in the Total Tenant Payment after consultation with the family and verification of the information, determine…Read conditions and sources →