§5.659. Family information and verification.
24 C.F.R. § 5.659
Applicability. This section states requirements for reexamination of family income and composition in the Section 8 project-based assistance programs, except for the moderate rehabilitation program and the project-based voucher programs.
Family obligation to supply information.
The family must supply any information that HUD or the owner determines is necessary in administration of the Section 8 program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). “Information” includes any requested certification, release or other documentation.
The family must supply any information requested by the owner or HUD for use in a regularly scheduled reexamination or an interim reexamination of family income and composition in accordance with HUD requirements.
For requirements concerning the following, see part 5, subpart B of this title—
Family verification and disclosure of social security numbers;
Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs).
Any information supplied by the family must be true and complete.
Family release and consent.
As a condition of admission to or continued occupancy of a unit with Section 8 assistance, the owner must require the family head, and such other family members as the owner designates, to execute a HUD-approved release and consent form (including any release and consent as required under § 5.230 of this title) authorizing any depository or private source of income, or any Federal, State or local agency, to furnish or release to the owner or HUD such information as the owner or HUD determines to be necessary.
The use or disclosure of information obtained from a family or from another source pursuant to this release and consent shall be limited to purposes directly connected with administration of the Section 8 program.
Owner responsibility for verification. Except as allowed under paragraph (e), the owner must obtain and document in the family file third party verification of the following factors, or must document in the file why third party verification was not available:
Reported family annual income;
The value of assets;
Expenses related to deductions from annual income; and
Other factors that affect the determination of adjusted income.
Verification of assets. For a family with net family assets (as the term is defined in § 5.603) equal to or less than $50,000, which amount will be adjusted annually by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, an owner may accept, for purposes of recertification of income, a family's declaration under § 5.618(b), except that the owner must obtain third-party verification of all family assets every 3 years.
Notes, amendments, and revision history
Amendments
[65 FR 16721, Mar. 29, 2000, as amended at 82 FR 58340, Dec. 12, 2017; 88 FR 9662, Feb. 14, 2023; 89 FR 38290, May 7, 2024]
Authority
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, and 3535(d).
Source
Source: 61 FR 54498, Oct. 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
[65 FR 16721, Mar. 29, 2000, as amended at 82 FR 58340, Dec. 12, 2017; 88 FR 9662, Feb. 14, 2023; 89 FR 38290, May 7, 2024]