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pdfU.S. Department of Housing and Urban Development
Document Package for
Applicant's/Tenant's Consent
to the
Release Of Information
This Package contains the following documents:
1.HUD-9887/A Fact Sheet describing the necessary verifications
2.Form HUD-9887 (to be signed by the Applicant or Tenant)
3.Form HUD-9887-A (to be signed by the Applicant or Tenant and Housing Owner)
4.Relevant Verifications (to be signed by the Applicant or Tenant)
Each household must receive a copy of the 9887/A Fact Sheet, form HUD-9887, and form HUD-9887-A.
Attachment to forms HUD-9887 & 9887-A (02/2007)
HUD-9887/A Fact Sheet
Verification of Information Provided by
Applicants and Tenants of Assisted Housing
What Verification Involves
To receive housing assistance, applicants and tenants who are at least 18
years of age and each family head, spouse, or co-head regardless of age
must provide the owner or management agent (O/A) or public housing agency
(PHA) with certain information specified by the U.S. Department of Housing
and Urban Development (HUD).
To make sure that the assistance is used properly, Federal laws require
that the information you provide be verified. This information is verified in two
ways:
1. HUD, O/As, and PHAs may verify the information you provide by
checking with the records kept by certain public agencies (e.g.,
Social Security Administration (SSA), State agency that keeps wage
and unemployment compensation claim information, and the
Department of Health and Human Services’ (HHS) National Directory
of New Hires (NDNH) database that stores wage, new hires, and
unemployment compensation). HUD (only) may verify information
covered in your tax returns from the U.S. Internal Revenue Service
(IRS). You give your consent to the release of this information by
signing form HUD-9887. Only HUD, O/As, and PHAs can receive
information authorized by this form.
2.
The O/A must verify the information that is used to determine your
eligibility and the amount of rent you pay. You give your consent to the
release of this information by signing the form HUD-9887, the form
HUD-9887-A, and the individual verification and consent forms that
apply to you. Federal laws limit the kinds of information the O/A can
receive about you. The amount of income you receive helps to
determine the amount of rent you will pay. The O/A will verify all of the
sources of income that you report. There are certain allowances that
reduce the income used in determining tenant rents.
Example: Mrs. Anderson is 62 years old. Her age qualifies her for a
medical allowance. Her annual income will be adjusted because of
this allowance. Because Mrs. Anderson’s medical expenses will
help determine the amount of rent she pays, the O/A is required to
verify any medical expenses that she reports.
Example: Mr. Harris does not qualify for the medical allowance
because he is not at least 62 years of age and he is not
handicapped or disabled. Because he is not eligible for the medical
allowance, the amount of his medical expenses does not change
the amount of rent he pays. Therefore, the O/A cannot ask Mr.
Harris anything about his medical expenses and cannot verify with
a third party about any medical expenses he has.
Customer Protections
Information received by HUD is protected by the Federal Privacy Act.
Information received by the O/A or the PHA is subject to State privacy
laws. Employees of HUD, the O/A, and the PHA are subject to
penalties for using these consent forms improperly. You do not have to
sign the form HUD-9887, the form HUD-9887-A, or the individual
verification consent forms when they are given to you at your
certification or recertification interview. You may take them home with
you to read or to discuss with a third party of your choice. The O/A will
give you another date when you can return to sign these forms.
If an adult member of your household, due to extenuating circumstances, is
unable to sign the form HUD-9887 or the individual verification forms on time,
the O/A may document the file as to the reason for the delay and the specific
plans to obtain the proper signature as soon as possible.
The O/A must tell you, or a third party which you choose, of the
findings made as a result of the O/A verifications authorized by your
consent. The O/A must give you the opportunity to contest such
findings in accordance with HUD Handbook 4350.3 Rev. 1. However, for
information received under the form HUD-9887 or form HUD-9887-A, HUD, the
O/A, or the PHA, may inform you of these findings.
O/As must keep tenant files in a location that ensures confidentiality.
Any employee of the O/A who fails to keep tenant information
confidential is subject to the enforcement provisions of the State Privacy Act
and is subject to enforcement actions by HUD. Also, any applicant or tenant
affected by negligent disclosure or improper use of information may bring civil
action for damages, and seek other relief, as may be appropriate, against the
employee.
HUD-9887/A requires the O/A to give each household a copy of the Fact
Sheet, and forms HUD-9887, HUD-9887-A along with appropriate individual
consent forms. The package you will receive will include the
following documents:
1.HUD-9887/A Fact Sheet: Describes the requirement to verify
information provided by individuals who apply for housing assistance. This
fact sheet also describes consumer protections under the verification
process.
2.Form HUD-9887: Allows the release of information between
government agencies.
3.Form HUD-9887-A: Describes the requirement of third party
verification along with consumer protections.
4.Individual verification consents: Used to verify the relevant
information provided by applicants/tenants to determine their eligibility and
level of benefits.
Consequences for Not Signing the Consent Forms
If you fail to sign the form HUD-9887, the form HUD-9887-A, or the
individual verification forms, this may result in your assistance being
denied (for applicants) or your assistance being terminated (for tenants). See
further explanation on the forms HUD-9887 and 9887-A.
If you are an applicant and are denied assistance for this reason, the O/A
must notify you of the reason for your rejection and give you an
opportunity to appeal the decision.
If you are a tenant and your assistance is terminated for this reason,
the O/A must follow the procedures set out in the Lease. This includes
the opportunity for you to meet with the O/A.
Programs Covered by this Fact Sheet
Rental Assistance Program
(RAP)
Rent Supplement
Section 8 Housing Assistance Payments Programs (administered by the
Office of Housing)
Section 202
Sections 202 and 811 PRAC
If you cannot read and/or sign a consent form due to a disability, the
O/A shall make a reasonable accommodation in accordance with
Section 504 of the Rehabilitation Act of 1973. Such accommodations
may include: home visits when the applicant's or tenant's disability
prevents him/her from coming to the office to complete the forms; the
applicant or tenant authorizing another person to sign on his/her
behalf; and for persons with visual impairments, accommodations may
include providing the forms in large script or braille or providing
readers.
Section 202/162 PAC
Section 221(d)(3) Below Market Interest Rate
Section 236
HOPE 2 Home Ownership of Multifamily Units
O/As must give a copy of this HUD Fact Sheet to each household. See the Instructions on form HUD-9887-A.
Attachment to forms HUD-9887 & 9887-A (02/2007)
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
Notice and Consent for the Release of Information
to the U.S. Department of Housing and Urban Development (HUD) and to
an Owner and Management Agent (O/A), and to a Public Housing
Agency (PHA)
HUD Office requesting release of information
(Owner should provide the full address of the
HUD Field Office, Attention: Director, Multifamily
Division.):
O/A
requesting
release
of
information (Owner should provide the full
name and address of the Owner.):
PHA requesting release of information (Owner should
provide the full name and address of the PHA and the title of
the director or administrator. If there is no PHA Owner or
PHA contract administrator for this project, mark an X
through this entire box.):
Notice To Tenant: Do not sign this form if the space above for organizations requesting release of information is left blank. You do not have to sign
this form when it is given to you. You may take the form home with you to read or discuss with a third party of your choice and return to sign the
consent on a date you have worked out with the housing owner/manager.
Authority: Section 217 of the Consolidated Appropriations Act of 2004
(Pub L. 108-199). This law is found at 42 U.S.C.653(J). This law authorizes
HHS to disclose to the Department of Housing and Urban Development
(HUD) information in the NDNH portion of the “Location and Collection
System of Records” for the purposes of verifying employment and income of
individuals participating in specified programs and, after removal of personal
identifiers, to conduct analyses of the employment and income reporting of
these individuals. Information may be disclosed by the Secretary of HUD to a
private owner, a management agent, and a contract administrator in the
administration of rental housing assistance.
Section 904 of the Stewart B. McKinney Homeless Assistance Amendments
Act of 1988, as amended by section 903 of the Housing and Community
Development Act of 1992 and section 3003 of the Omnibus Budget
Reconciliation Act of 1993. This law is found at 42 U.S.C. 3544.This law
requires you to sign a consent form authorizing: (1) HUD and the PHA to
request wage and unemployment compensation claim information from the
state agency responsible for keeping that information; and (2) HUD, O/A, and
the PHA responsible for determining eligibility to verity salary and wage
information pertinent to the applicant’s or participant’s eligibility or level of
benefits; (3) HUD to request certain tax return information from the U.S.
Social Security Administration (SSA) and the U.S. Internal Revenue Service (IRS).
Purpose: In signing this consent form, you are authorizing HUD, the abovenamed O/A, and the PHA to request income information from the government
agencies listed on the form. HUD, the O/A, and the PHA need this
information to verify your household’s income to ensure that you are eligible
for assisted housing benefits and that these benefits are set at the correct
level. HUD, the O/A, and the PHA may participate in computer matching
programs with these sources to verify your eligibility and level of benefits.
This form also authorizes HUD, the O/A, and the PHA to seek wage, new hire
(W-4), and unemployment claim information from current or former employers
to verify information obtained through computer matching.
information it obtains in accordance with any applicable State privacy law.
After receiving the information covered by this notice of consent, HUD, the
O/A, and the PHA may inform you that your eligibility for, or level of, assistance
is uncertain and needs to be verified and nothing else.
HUD, O/A, and PHA employees may be subject to penalties for unauthorized
disclosures or improper uses of the income information that is obtained based
on the consent form.
Who Must Sign the Consent Form: Each member of your household who is
at least 18 years of age and each family head, spouse or co-head, regardless of
age, must sign the consent form at the initial certification and at each
recertification. Additional signatures must be obtained from new adult
members when they join the household or when members of the household
become 18 years of age.
Persons who apply for or receive assistance under the following programs are
required to sign this consent form:
Rental Assistance Program (RAP)
Rent Supplement
Section 8 Housing Assistance Payments Programs (administered by the
Office of Housing)
Section 202; Sections 202 and 811 PRAC; Section 202/162 PAC Section
221(d)(3) Below Market Interest Rate
Section 236
HOPE 2 Homeownership of Multifamily Units
Failure to Sign Consent Form: Your failure to sign the consent form may
result in the denial of assistance or termination of assisted housing benefits. If
an applicant is denied assistance for this reason, the owner must follow the
Uses of Information to be Obtained: HUD is required to protect the income
notification procedures in Handbook 4350.3 Rev. 1. If a tenant is denied
information it obtains in accordance with the Privacy Act of 1974,
assistance for this reason, the owner or managing agent must follow the
5 U.S.C. 552a. The O/A and the PHA is also required to protect the income
procedures set out in the lease.
________________________________________________________________________________________________________________________________
Consent: I consent to allow HUD, the O/A, or the PHA to request and obtain income information from the federal and state agencies
listed on the back of this form for the purpose of verifying my eligibility and level of benefits under HUD’s assisted housing programs.
Signatures:
Additional Signatures, if needed:
Head of Household
Date
Other Family Members 18 and Over
Date
Spouse
Date
Other Family Members 18 and Over
Date
Other Family Members 18 and Over
Date
Other Family Members 18 and Over
Date
Other Family Members 18 and Over
Date
Other Family Members 18 and Over
Date
Original is retained on file at the project site
ref. Handbooks 4350.3 Rev-1, 4571.1, 4571/2 &
4571.3 and HOPE II Notice of Program Guidelines
form HUD-9887 (02/2007)
1065-K1 Partners Share of Income, Credits, Deductions,
etc.
Agencies To Provide Information
State Wage Information Collection Agencies. (HUD and
PHA). This consent is limited to wages and unemployment
compensation you have received during period(s) within the last 5
years when you have received assisted housing benefits.
U.S. Social Security Administration (HUD only). This consent is
limited to the wage and self employment information from your
current form W-2.
National Directory of New Hires contained in the Department of
Health and Human Services’ system of records. This consent is
limited to wages and unemployment compensation you have
received during period(s) within the last 5 years when you have
received assisted housing benefits.
U.S. Internal Revenue Service (HUD only). This consent is limited
to information covered in your current tax return.
This consent is limited to the following information that may
appear on your current tax return:
1099-S Statement for Recipients of Proceeds from Real Estate
Transactions
1099-B Statement for Recipients of Proceeds from Real Estate
Brokers and Barters Exchange Transactions
1099-A Information Return for Acquisition or Abandonment of
Secured Property
1099-G Statement for Recipients of Certain Government
Payments
1099-DIV Statement for Recipients of Dividends and Distributions
1099
INT
1099-MISC
Statement
Statement
for
Recipients
for
Recipients
of
Interest
of
Income
Miscellaneous
Income
1041-K1 Beneficiary’s Share of Income, Credits, Deductions, etc.
1120S-K1 Shareholder’s Share of Undistributed Taxable Income,
Credits, Deductions, etc.
I understand that income information obtained from these sources
will be used to verify information that I provide in determining initial
or continued eligibility for assisted housing programs and the level
of benefits.
No action can be taken to terminate, deny, suspend, or reduce the
assistance your household receives based on information obtained
about you under this consent until the HUD Office, Office of
Inspector General (OIG) or the PHA (whichever is applicable) and
the O/A have independently verified: 1) the amount of the income,
wages, or unemployment compensation involved, 2) whether you
actually have (or had) access to such income, wages, or benefits
for your own use, and 3) the period or periods when, or with
respect to which you actually received such income, wages, or
benefits. A photocopy of the signed consent may be used to
request a third party to verify any information received under this
consent (e.g., employer).
HUD, the O/A, or the PHA shall inform you, or a third party which
you designate, of the findings made on the basis of information
verified under this consent and shall give you an opportunity to
contest such findings in accordance with Handbook 4350.3 Rev. 1.
If a member of the household who is required to sign the consent
form is unable to sign the form on time due to extenuating
circumstances, the O/A may document the file as to the reason for
the delay and the specific plans to obtain the proper signature as
soon as possible.
This consent form expires 15 months after signed.
1099-OID Statement for Recipients of Original Issue Discount
1099-PATR Statement for Recipients of Taxable Distributions
Received from Cooperatives
1099-R Statement for Recipients of Retirement Plans W2-G
Statement of Gambling Winnings
Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S.
Housing Act of 1937, as amended (42 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-181); the Housing
and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987
(42 U.S.C. 3543). The information is being collected by HUD to determine an applicant’s eligibility, the recommended unit size, and the
amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect
the Government’s financial interest, and to verify the accuracy of the information furnished. HUD, the owner or management agent (O/A), or
a public housing agency (PHA) may conduct a computer match to verify the information you provide. This information may be released to
appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However,
the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of
the information requested. Failure to provide any information may result in a delay or rejection of your eligibility approval.
Penalties for Misusing this Consent:
HUD, the O/A, and any PHA (or any employee of HUD, the O/A, or the PHA) may be subject to penalties for unauthorized disclosures or
improper uses of information collected based on the consent form.
Use of the information collected based on the form HUD 9887 is restricted to the purposes cited on the form HUD 9887. Any person who
knowingly or willfully requests, obtains, or discloses any information under false pretenses concerning an applicant or tenant may be subject
to a misdemeanor and fined not more than $5,000.
Any applicant or tenant affected by negligent disclosure of information may bring civil action for damages, and seek other relief, as may be
appropriate, against the officer or employee of HUD, the Owner or the PHA responsible for the unauthorized disclosure or improper use.
Original is retained on file at the project site
ref. Handbooks 4350.3 Rev-1, 4571.1, 4571.2 &
4571.3 and HOPE II Notice of Program Guidelines
form HUD-9887 (02/2007)
Applicant's/Tenant's Consent to the
Release of Information
Verification by Owners of Information
Supplied by Individuals Who Apply for Housing Assistance
Instructions to Owners
1. Give the documents listed below to the applicants/tenants to sign.
Staple or clip them together in one package in the order listed.
a. The HUD-9887/A Fact Sheet.
b. Form HUD-9887.
c. Form HUD-9887-A.
d . Relevant verifications (HUD Handbook 4350.3 Rev. 1).
2. Verbally inform applicants and tenants that
a. They may take these forms home with them to read or to
discuss with a third party of their choice and to return to sign
them on a date they have worked out with you, and
b. If they have a disability that prevents them from reading and/
or signing any consent, that you, the Owner, are required to
provide reasonable accommodations.
3. Owners are required to give each household a copy of the
HUD9887/A Fact Sheet, form HUD-9887, and form HUD-9887-A
after obtaining the required applicants/tenants signature(s). Also,
owners must give the applicants/tenants a copy of the signed
individual verification forms upon their request.
Instructions to Applicants and Tenants
This Form HUD-9887-A contains customer information and
protections concerning the HUD-required verifications that Owners
must perform.
1. Read this material which explains:
• HUD’s requirements concerning the release of information,
and
• Other customer protections.
2. Sign on the last page that:
• you have read this form, or
• the Owner or a third party of your choice has explained it to you,
and
• you consent to the release of information for the purposes and
uses described.
Authority for Requiring Applicant's/Tenant's Consent to the
Release of Information
Section 904 of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988, as amended by section 903 of the Housing
and Community Development Act of 1992. This law is found at 42 U.S.C.
3544.
In part, this law requires you to sign a consent form authorizing the Owner to
request current or previous employers to verify salary and wage
information pertinent to your eligibility or level of benefits.
In addition, HUD regulations (24 CFR 5.659, Family Information and
Verification) require as a condition of receiving housing assistance that
you must sign a HUD-approved release and consent authorizing any
depository or private source of income to furnish such information that is
necessary in determining your eligibility or level of benefits. This includes
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
Purpose of Requiring Consent to the Release of Information
In signing this consent form, you are authorizing the Owner of the
housing project to which you are applying for assistance to request
information from a third party about you. HUD requires the housing
owner to verify all of the information you provide that affects your
eligibility and level of benefits to ensure that you are eligible for
assisted housing benefits and that these benefits are set at the
correct levels. Upon the request of the HUD office or the PHA (as
Contract Administrator), the housing Owner may provide HUD or the
PHA with the information you have submitted and the information
the Owner receives under this consent.
Uses of Information to be Obtained
The individual listed on the verification form may request and
receive the information requested by the verification, subject to the
limitations of this form. HUD is required to protect the income
information it obtains in accordance with the Privacy Act of 1974, 5
U.S.C. 552a. The Owner and the PHA are also required to protect
the income information they obtain in accordance with any
applicable state privacy law. Should the Owner receive information
from a third party that is inconsistent with the information you have
provided, the Owner is required to notify you in writing identifying the
information believed to be incorrect. If this should occur, you will
have the opportunity to meet with the Owner to discuss any
discrepancies.
Who Must Sign the Consent Form
Each member of your household who is at least 18 years of age, and
each family head, spouse or co-head, regardless of age must sign the
relevant consent forms at the initial certification, at each
recertification and at each interim certification, if applicable. In
addition, when new adult members join the household and when
members of the household become 18 years of age they must also
sign the relevant consent forms.
Persons who apply for or receive assistance under the following
programs must sign the relevant consent forms:
Rental Assistance Program (RAP)
Rent Supplement
Section 8 Housing Assistance Payments Programs (administered by
the Office of Housing)
Section 202
Sections 202 and 811 PRAC
Section 202/162 PAC
Section 221(d)(3) Below Market Interest Rate
Section 236
HOPE 2 Home Ownership of Multifamily Units
information that you have provided which will affect the amount of rent you
pay. The information includes income and assets, such as salary, welfare
benefits, and interest earned on savings accounts. They also include certain
adjustments to your income, such as the allowances for dependents and for
households whose heads or spouses are elderly handicapped, or disabled;
and allowances for child care expenses, medical expenses, and handicap
assistance expenses.
Original is retained on file at the project site
ref. Handbooks 4350.3 Rev-1, 4571.1, 4571.2 & 4571.3
and HOPE II Notice of Program Guidelines
form HUD-9887-A (02/2007)
Failure to Sign the Consent Form
Failure to sign any required consent form may result in the denial of
assistance or termination of assisted housing benefits. If an
applicant is denied assistance for this reason, the O/A must follow
the notification procedures in Handbook 4350.3 Rev. 1. If a tenant
is denied assistance for this reason, the O/A must follow the
procedures set out in the lease.
Conditions
No action can be taken to terminate, deny, suspend or reduce the
assistance your household receives based on information obtained
about you under this consent until the O/A has independently 1)
verified the information you have provided with respect to your
eligibility and level of benefits and 2) with respect to income
(including both earned and unearned income), the O/A has verified
whether you actually have (or had) access to such income for your
own use, and verified the period or periods when, or with respect to which
you actually received such income, wages, or benefits.
A photocopy of the signed consent may be used to request the
information authorized by your signature on the individual consent
forms. This would occur if the O/A does not have another
individual verification consent with an original signature and the
O/A is required to send out another request for verification (for
example, the third party fails to respond). If this happens, the O/A
may attach a photocopy of this consent to a photocopy of the
individual verification form that you sign. To avoid the use of
photocopies, the O/A and the individual may agree to sign more
than one consent for each type of verification that is needed.
The O/A shall inform you, or a third party which you designate,
of the findings made on the basis of information verified under this
consent and shall give you an opportunity to contest such findings
in accordance with Handbook 4350.3 Rev. 1.
The O/A must provide you with information obtained under this
consent in accordance with State privacy laws.
If a member of the household who is required to sign the consent
forms is unable to sign the required forms on time, due to extenuating circum-
stances, the O/A may document the file as to the reason for the delay and
the specific plans to obtain the proper signature as soon as possible.
Individual consents to the release of information expire 15 months
after they are signed. The O/A may use these individual consent
forms during the 120 days preceding the certification period. The
O/A may also use these forms during the certification period, but
only in cases where the O/A receives information indicating that
the information you have provided may be incorrect. Other uses are
prohibited.
The O/A may not make inquiries into information that is older than 12
months unless he/she has received inconsistent information and has
reason to believe that the information that you have supplied is
incorrect. If this occurs, the O/A may obtain information within the last
5 years when you have received assistance.
I have read and understand this information on the purposes
and uses of information that is verified and consent to the
release of information for these purposes and uses.
_______________________________________________________
Name of Applicant or Tenant (Print)
_______________________________________________________
Signature of Applicant or Tenant & Date
I have read and understand the purpose of this consent and its
uses and I understand that misuse of this consent can lead to
personal penalties to me.
_______________________________________________________
Name of Project Owner or his/her representative
_______________________________________________________
Title
_______________________________________________________
Signature & Date
cc:Applicant/Tenant
Owner file
Penalties for Misusing this Consent:
HUD, the O/A, and any PHA (or any employee of HUD, the O/A, or the PHA) may be subject to penalties for unauthorized disclosures or improper
uses of information collected based on the consent form.
Use of the information collected based on the form HUD 9887-A is restricted to the purposes cited on the form HUD 9887-A. Any person who
knowingly or willfully requests, obtains or discloses any information under false pretenses concerning an applicant or tenant may be subject to a
misdemeanor and fined not more than $5,000.
Any applicant or tenant affected by negligent disclosure of information may bring civil action for damages, and seek other relief, as may be
appropriate, against the officer or employee of HUD, the O/A or the PHA responsible for the unauthorized disclosure or improper use.
Original is retained on file at the project site
ref. Handbooks 4350.3 Rev. 1, 4571.1, 4571.2 & 4571.3
and HOPE II Notice of Program Guidelines
form HUD-9887-A (02/2007)
| File Type | application/pdf |
| Author | Ricky Morton |
| File Modified | 2007-03-22 |
| File Created | 2006-08-08 |