§5.233. Mandated use of HUD's Enterprise Income Verification (EIV) System.
24 C.F.R. § 5.233
Programs subject to this section and requirements.
The requirements of this section apply to entities administering assistance under the—
Public Housing program under 24 CFR part 960;
Section 8 Housing Choice Voucher (HCV) program under 24 CFR part 982;
Moderate Rehabilitation program under 24 CFR part 882;
Project-based Voucher program under 24 CFR part 983;
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
Sections 221(d)(3) and 236 of the National Housing Act (12 U.S.C. 1715l(d)(3) and 1715z-1); and
Rent Supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s).
Processing entities must use HUD's EIV system in its entirety:
As a third-party source to verify tenant employment and income information during annual and streamlined reexaminations of family composition and income, in accordance with § 5.236 and administrative guidance issued by HUD; and
To reduce administrative and subsidy payment errors in accordance with HUD administrative guidance.
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.
Notes, amendments, and revision history
Amendments
[74 FR 68934, Dec. 29, 2009, as amended at 88 FR 9655, Feb. 14, 2023]
Authority
Authority: 42 U.S.C. 3535(d), 3543, 3544, and 11901 et seq.
Source
Source: 61 FR 11113, Mar. 18, 1996, unless otherwise noted.
Authority
Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437f, 1437n, 3535(d); 42 U.S.C. 2000bb et seq.; 34 U.S.C. 12471 et seq.; Sec. 327, Pub. L. 109-115, 119 Stat. 2396; E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273; E.O. 14015, 86 FR 10007, 3 CFR, 2021 Comp., p. 517.
Source
Source: 61 FR 5202, Feb. 9, 1996, unless otherwise noted.
Amendments
[74 FR 68934, Dec. 29, 2009, as amended at 88 FR 9655, Feb. 14, 2023]