24 Cfr 5.212

§ 5.110

24 CFR Subtitle A (4–1–11 Edition)

real property disposition (see, e.g., 24
CFR parts 84 and 85).
(h) Commingling of Federal and State
and local funds. If a state or local government voluntarily contributes its
own funds to supplement Federally
funded activities, the State or local
government has the option to segregate the Federal funds or commingle
them. However, if the funds are commingled, the requirements of this section apply to all of the commingled
funds. Further, if a State or local government is required to contribute
matching funds to supplement a Federally funded activity, the matching
funds are considered commingled with
the Federal assistance and therefore
subject to the requirements of this section. Some HUD programs’ requirements govern any project or activity
assisted under those programs. Accordingly, grantees should consult with the
appropriate HUD program office to determine the scope of applicable requirements.

to obtain income information about applicants and participants in the covered
programs
through
computer
matches with State Wage Information
Collection Agencies (SWICAs) and Federal agencies, in order to verify an applicant’s or participant’s eligibility for
or level of assistance. The purpose of
this subpart B is to enable HUD to decrease the incidence of fraud, waste,
and abuse in the covered programs.
(b) Applicability. (1) This subpart B
applies to mortgage and loan insurance
and coinsurance and housing assistance
programs contained in chapter II, subchapter B, and chapters VIII and IX of
this title.
(2) The information covered by consent forms described in this subpart involves
income
information
from
SWICAs, and wages, net earnings from
self-employment, payments of retirement income, and unearned income as
referenced at 26 U.S.C. 6103. In addition, consent forms may authorize the
collection of other information from
applicants and participants to determine eligibility or level of benefits.
(c) Federal preemption. This subpart B
preempts any State law, including restrictions and penalties, that governs
the collection and use of income information to the extent State law is inconsistent with this subpart.

[69 FR 41717, July 9, 2004]

§ 5.110 Waivers.
Upon determination of good cause,
the Secretary may, subject to statutory limitations, waive any provision
of this title and delegate this authority
in accordance with section 106 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3535(q)).

[61 FR 11113, Mar. 18, 1996, as amended at 65
FR 16715, Mar. 29, 2000]

Subpart
B—Disclosure
and
Verification of Social Security
Numbers and Employer Identification Numbers; Procedures for Obtaining Income
Information

§ 5.212 Compliance with the Privacy
Act and other requirements.
(a) Compliance with the Privacy Act.
The collection, maintenance, use, and
dissemination of SSNs, EINs, any information derived from SSNs and Employer Identification Numbers (EINs),
and income information under this subpart shall be conducted, to the extent
applicable, in compliance with the Privacy Act (5 U.S.C. 552a) and all other
provisions of Federal, State, and local
law.
(b) Privacy Act notice. All assistance
applicants shall be provided with a Privacy Act notice at the time of application. All participants shall be provided
with a Privacy Act notice at each annual income recertification.

AUTHORITY: 42 U.S.C. 3535(d), 3543, 3544, and
11901 et seq.

jdjones on DSK8KYBLC1PROD with CFR

SOURCE: 61 FR 11113, Mar. 18, 1996, unless
otherwise noted.

§ 5.210 Purpose, applicability, and Federal preemption.
(a) Purpose. This subpart B requires
applicants for and participants in covered HUD programs to disclose, and
submit documentation to verify, their
Social Security Numbers (SSNs). This
subpart B also enables HUD and PHAs

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