---
kind: "section"
citation: "24 C.F.R. § 792.202"
title: "24"
number: "792.202"
heading: "PHA retention of proceeds."
url: "https://uscodex.org/cfr/24/792.202"
---

# §792.202. PHA retention of proceeds.

- (a) Where the PHA is the principal party initiating or sustaining an action to recover amounts from tenants that are due as a result of fraud and abuse, the PHA may retain, the greater of:
  - (1) Fifty percent of the amount it actually collects from a judgment, litigation (including settlement of lawsuit) or an administrative repayment agreement pursuant to, or incorporating the requirements of, [§ 982.555](/cfr/24/982.555.md) of this title; or
  - (2) Reasonable and necessary costs that the PHA incurs related to the collection from a judgment, litigation (including settlement of lawsuit) or an administrative repayment agreement pursuant to, or incorporating the requirements of, [§ 982.555](/cfr/24/982.555.md) of this title. Reasonable and necessary costs include the costs of the investigation, legal fees and collection agency fees.
- (b) If HUD incurs costs on behalf of the PHA in obtaining the judgment, these costs must be deducted from the amount to be retained by the PHA.

## Notes

### Amendments

[59 FR 9409, Feb. 28, 1994, as amended at 64 FR 26640, May 14, 1999]

### Authority

Authority: 42 U.S.C. 1437f note and 3535(d).

### Source

Source: 59 FR 9409, Feb. 28, 1994, unless otherwise noted.

### Amendments

[59 FR 9409, Feb. 28, 1994, as amended at 64 FR 26640, May 14, 1999]