Exhibit A3 24 CFR 5233

Exhibit A3

§ 5.232

24 CFR Subtitle A (4–1–12 Edition)

or participant who is at least 18 years
of age, and each family head and
spouse regardless of age, shall sign one
or more consent forms.
(b) Consent authorization—(1) To whom
and when. The assistance applicant
shall submit the signed consent forms
to the processing entity when eligibility under a covered program is being
determined. A participant shall sign
and submit consent forms at the next
regularly scheduled income reexamination. Assistance applicants and participants shall be responsible for the signing and submitting of consent forms by
each applicable family member.
(2) Subsequent consent forms—special
cases. Participants are required to sign
and submit consent forms at the next
interim or regularly scheduled income
reexamination under the following circumstances:
(i) When any person 18 years or older
becomes a member of the family;
(ii) When a member of the family
turns 18 years of age; and
(iii) As required by HUD or the PHA
in administrative instructions.
(c) Consent form—contents. The consent form required by this section shall
contain, at a minimum, the following:
(1) A provision authorizing HUD and
PHAs to obtain from SWICAs any information or materials necessary to
complete or verify the application for
participation and to maintain continued assistance under a covered program; and
(2) A provision authorizing HUD,
PHAs, or the owner responsible for determining eligibility for or the level of
assistance to verify with previous or
current employers income information
pertinent to the assistance applicant’s
or participant’s eligibility for or level
of assistance under a covered program;
(3) A provision authorizing HUD to
request income return information
from the IRS and the SSA for the sole
purpose of verifying income information pertinent to the assistance applicant’s or participant’s eligibility or
level of benefits; and
(4) A statement that the authorization to release the information requested by the consent form expires 15
months after the date the consent form
is signed.

§ 5.232 Penalties for failing to sign
consent forms.
(a) Denial or termination of benefits. In
accordance with the provisions governing the program involved, if the assistance applicant or participant, or
any member of the assistance applicant’s or participant’s family, does not
sign and submit the consent form as required in § 5.230, then:
(1) The processing entity shall deny
assistance to and admission of an assistance applicant;
(2) Assistance to, and the tenancy of,
a participant may be terminated.
(b) Cross references. Individuals should
consult the regulations and administrative instructions for the programs
covered under this subpart B for further information on the use of income
information in determinations regarding eligibility.
§ 5.233 Mandated use of HUD’s Enterprise Income Verification (EIV) System.
(a) Programs subject to this section and
requirements. (1) The requirements of
this section apply to entities administering assistance under the:
(i) Public Housing program under 24
CFR part 960;
(ii) Section 8 Housing Choice Voucher
(HCV) program under 24 CFR part 982;
(iii) Moderate Rehabilitation program under 24 CFR part 882;
(iv) Project-based Voucher program
under 24 CFR part 983;
(v) Project-based Section 8 programs
under 24 CFR parts 880, 881, 883, 884, 886,
and 891;
(vi) Section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
(vii) Section 811 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013);
(viii) Sections 221(d)(3) and 236 of the
National Housing Act (12 U.S.C.
1715l(d)(3) and 1715z–1); and
(ix) Rent Supplement program under
section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C.
1701s).
(2) Processing entities must use
HUD’s EIV system in its entirety:

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Office of the Secretary, HUD

§ 5.236
guards to be used in protecting the information obtained through the match,
a description of the use of records, the
restrictions on duplication and redisclosure, a certification, and the
amount that will be charged for processing a request.

(i) As a third party source to verify
tenant employment and income information during mandatory reexaminations or recertifications of family composition and income, in accordance
with § 5.236, and administrative guidance issued by HUD; and
(ii) To reduce administrative and
subsidy payment errors in accordance
with HUD administrative guidance.
(b) Penalties for noncompliance. Failure to use the EIV system in its entirety may result in the imposition of
sanctions and/or the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant
rent calculations, or both.

(Approved by the Office of Management and
Budget under control number 2508–0008)

§ 5.236 Procedures for termination, denial, suspension, or reduction of assistance based on information obtained from a SWICA or Federal
agency.
(a) Termination, denial, suspension, or
reduction of assistance. The provisions
of 42 U.S.C. 3544(c)(2)(B) and (C) shall
govern the termination, denial, suspension, or reduction of benefits for an assistance applicant or participant based
on income information obtained from a
SWICA or a Federal agency. Procedures necessary to comply with these
provisions are provided in paragraph
(b) of this section.
(b)
Procedures
for
independent
verification. (1) Any determination or
redetermination of family income
verified in accordance with this paragraph must be carried out in accordance with the requirements and procedures applicable to the individual covered program. Independent verification
of information obtained from a SWICA
or a Federal agency may be:
(i) By HUD;
(ii) In the case of the public housing
program, by a PHA; or
(iii) In the case of any Section 8 program, by a PHA acting as contract administrator under an ACC.
(2) Upon receiving income information from a SWICA or a Federal agency, HUD or, when applicable, the PHA
shall compare the information with the
information about a family’s income
that was:
(i) Provided by the assistance applicant or participant to the PHA; or
(ii) Obtained by the owner (or mortgagee, as applicable) from the assistance applicant or participant or from
his or her employer.
(3) When the income information reveals an employer or other income
source that was not disclosed by the
assistance applicant or participant, or
when the income information differs

[74 FR 68934, Dec. 29, 2009]

§ 5.234 Requests for information from
SWICAs and Federal agencies; restrictions on use.
(a) Information available from SWICAs
and Federal agencies—to whom and what.
Income information will generally be
obtained through computer matching
agreements between HUD and a SWICA
or Federal agency, or between a PHA
and a SWICA, as described in paragraph (c) of this section. Certification
that the applicable assistance applicants and participants have signed appropriate consent forms and have received the necessary Privacy Act notice is required, as follows:
(1) When HUD requests the computer
match, the processing entity shall certify to HUD; and
(2) When the PHA requests the computer match, the PHA shall certify to
the SWICA.
(b) Restrictions on use of information.
The
restrictions
of
42
U.S.C.
3544(c)(2)(A) apply to the use by HUD or
a PHA of income information obtained
from a SWICA. The restrictions of 42
U.S.C. 3544(c)(2)(A) and of 26 U.S.C.
6103(l)(7) apply to the use by HUD or a
PHA of income information obtained
from the IRS or SSA.
(c) Computer matching agreements.
Computer matching agreements shall
specify the purpose and the legal authority for the match, and shall include a description of the records to be
matched, a statement regarding disposition of information generated
through the match, a description of the
administrative and technical safe-

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