DRAFT EIV Use & Security Policies (HOTMA)

Required Consent for Release of Information

Under no circumstances can an EIV Income Report be reviewed or printed without a signed Authorization for the Release of Information (Form HUD-9887 and HUD-9887-A).  Effective January 1, 2024, per HOTMA final rule, all applicants must sign the consent form at admission, and participants must sign the consent form no later than their next interim or regularly scheduled income reexamination and they do not need to sign and submit subsequent consent forms at the next interim or regularly scheduled income examination except under the following circumstances:

• When any person 18 years or older becomes a member of the family
• When a member of the family turns 18 years of age (signed at their next regularly scheduled reexamination
• As required by HUD or the MFH Owner administrative instructions (see Resident selection Criteria)
• Revocation of Consent for Release of Information

Revocation of Consent for Release of Information will prohibit CCH from requesting and accessing income information and financial records, including pulling EIV reports and using EIV data to verify income (although the data matches between HUD and other agencies will continue to occur automatically if the family is not terminated from the program).  Revocation of Consent for Release of Information will result in the termination of assistance or denial of admission, per CCH discretion, see Resident Selection Criteria for more information.

Responsible Parties

EIV reports will be produced according to the schedule attached and reviewed by the property staff member responsible for (1) HUD eligibility determination and/or (2) HUD discrepancy analysis.

Reports will be produced, secured, and maintained in accordance with CCH EIV Use and Security Policies and Procedures and reviewed by Compliance Department staff to ensure that this policy is being followed.

When information in EIV indicates potential errors in the eligibility determination or assistance calculation, documentation of the investigations of such errors will be maintained in the resident/applicant file and EIV Discrepancy Log.

REPORT CAUTION

Any detail report retained in a tenant’s file must contain information for members of the tenant’s household only.  Many of the reports do not have page breaks between households, therefore, CCH Staff must separate the reports by household.

Table of EIV Reports

Retention of EIV Data and Reports

Copies of all reports, notes, investigations, clarification, and verifications must be maintained in the resident files throughout tenancy plus three years and destroyed at the time the tenant file is destroyed by shredding, burning, or pulverizing.

EIV printouts kept in the Master Binder files will be destroyed by burning, shredding, or pulverizing after three years; as each new report is added to a Master Binder file, any report that is older than three years will be removed and destroyed.

EIV Existing Tenant Search reports for applicants who did not move-in will be retained for three years and then be destroyed by burning, shredding, or pulverizing.

Security Binder/File

Copies of all Owner Approval Letters, Coordinator Access Authorization Forms, CCH’s EIV Use and Security Policies and Procedures, User Access Authorization Forms, Certificate for Cyber Security Awareness, CCH EIV Privacy Policy, and HUD Rules of Behavior must be kept in the CCH Security Binder.  Staff should use the EIV Security Document Checklist – See Exhibit D.

Master Reports Binder/File

Copies of all Reports must be kept in the Property’s Master Reports Binder, by month and year, for the current year plus two prior years, and in the following order: (1) EIV Discrepancy Log (See Exhibit E), (2) Multiple Subsidy, (3) Failed EIV Pre-Screening, (4) Failed Verification Report, (5) Deceased Tenants, (6) New Hires, (7) Income (summaries and discrepancies), and (8) EIV Document Destruction Log (See Exhibit F) 

EIV Discrepancy Log

EIV Discrepancy Logs are used to monitor the monthly reports and record responses to unresolved EIV discrepancies throughout the year.  Since all EIV errors are not the result of errors in TRACS or resident non-compliance, it is helpful to maintain a record of response to errors in one place.  EIV Discrepancy Logs will be maintained by each calendar year and month, retained for five years and then destroyed.

Information tracked on the EIV Discrepancy Log includes: HOH Name, Unit Number, Name of Member with Discrepancy, Brief Description of Discrepancy, Date Notice Sent, Date Meeting Scheduled, Resolution, Close Date, and Miscellaneous Notes – See Exhibit E.  More detailed information is maintained in the resident file.

Existing Tenant Search (ETS)

REPORT USE

The ETS is the only EIV report available that provides information about applicants.  As part of the application process, all applicants MUST disclose if they are currently receiving HUD housing assistance on the community application.  CCH Management will not knowingly assist applicants who will maintain a residence in addition to the HUD-assisted unit. 

Nothing prohibits a HUD housing assistance recipient from applying to our properties; however, the applicant must move-out of the current property and/or forfeit any HUD voucher before HUD assistance at a CCH Property will begin.  Special considerations apply to minor children where both parents share 50% custody, to applicants who are part of a “split” household, and to applicants for housing in a property that is not 100% subsidized.

REPORT PROCEDURE

CCH requires that all communities run the EIV Existing Tenant Search for all adult household members as part of the verification process prior to approval of the applicant household. 

If the applicant or a member of the applicant’s household is residing at another subsidized location, property staff must discuss this with the applicant and give the applicant the opportunity to explain any circumstances relative to the situation.  This may be a case where the applicant wants to move from their existing location or where two assisted families share custody of a minor child.

If it is determined that the applicant is moving from another subsidized apartment, community staff must request documentation showing that the applicant has notified their landlord that they are moving to your property, and on day of move-in, the applicant must provide proper documentation which shows that he move-out date for the former residence is the day before the move-in date at your property. 

Without proper documentation, the applicant must not be allowed to sign their leasing documents and move-in. Proper documentation includes but is not limited to:

• Move-Out Inspection Form
• Move-Out HUD-50059A
• Written correspondence from former landlord

HUD Guidance states that when a resident move-out prior to 12:00 PM, the move-out date should be entered as the previous day and if after 12:00 PM, the moveout date will be the actual date of move-out.  It is important to note that the move-out and move-in dates cannot be the same day.  In the case where the move-out occurred after 12:00 PM, the move-in will be processed for the following day.

Summary (S)

REPORT USE

The Summary report will be used to provide Identity Verification Status for each household member and there are four verification statuses identified:

1. Verified – personal identifiers (last name, DOB, SSSN) match the SSA database
2. Failed – personal identifiers do not match SSA database
3. Not Verified – personal identifiers have not yet been sent by HUD to SSA for validation or the validation is in process by SSA
4. Deceased – SSA’s records indicate the person is deceased

REPORT PROCEDURE

1. For new admissions, this report will be printed within 90 days of the date of the date of Move-In or Initial Certification was transmitted to TRACS. Any necessary action, as described below will be taken. 
   • If the report is not available, the property will continue to check availability each month until the report is retrieved.
   • If for any reason the 90-day timeframe has passed, the property will print the report to document that it was retrieved.
2. The report will be visually checked when other income reports are printed and if the report on file shows all household members as Verified, and there have been no changes in the household composition or Identity Verification Status, no new report is required to be filed.
3. When any household member shows a status of Failed or Deceased:
   • The tenant’s identifiers will be checked, and
   • Invalid data will be fixed by submitting a Correction or Interim Certification with the correct information.
   • When the Identify Verification Status changes, a new Summary will be printed to replace the obsolete Summary.
4. Household member who are exempt from having SSNs will have the reason for the exemption, along with any appropriate documentation, noted in the tenant file.
   • If there have been such changes, an updated report will be printed to replace the obsolete Summary report in the tenant file and appropriate action will be taken to correct Failed or Deceased identity statuses.

• The following persons are exempt from SSN disclosure and verification requirements:
  • Residents who were 62 years of age or older as of January 31, 2010, and whose initial determination of eligibility was before January 31, 2010.
    • The exception status for these individuals is retained even if there is a break in his or her participation in a HUD assisted program.
    • When determining the eligibility of an individual who meets the except requirements for SSN disclosure and verification, documentation must be obtained that verifies the applicant’s exemption status and retained in the tenant file. (Tenant Certifications are not acceptable forms of verification of the exemption status)
    • Individuals who do not content eligible immigration status.
      • For Section 202 PRAC properties, the restriction on providing assistance to noncitizens does not apply. At these properties, individuals who do not content eligible immigration status must sign a certification to that effect.  The certification will support the individual not being subject to the requirement to disclose or provide verification of a SSN.  The certification must be retained in the tenant file.

Income (I)

REPORT USE

The Income report will be used to verify certain income/employment information and is the Level 6, the highest rank and preferred third-party verification method.  Income reports will be generated by property staff monthly to ensure that approximately 90 days after the transmission to TRACS of the Move-In or Initial Certification (placing the resident on a new subsidy program) to confirm/validate the income reported by the household.  If Income reports are not available, staff will retain proof of running the report in the resident file and continue running the report monthly until the Income report is available.

REPORT PROCEDURE

1. Social Security Benefits
   • General Info – EIV retains the last eight actions processed by SSA for a resident and includes SSA, SSI, Dual Entitlement, Medicare Part B Premium, and Disability Onset.
   • EIV as 3^rd Party – If the Social Security benefit information in EIV agrees with the amount that the resident reports, knowing we must use the highest level of verification, the EIV printout, a Level 6/highest, will be used, printed, maintained in the resident file, and no additional verification is required.
   • Medicare Part B Deduction – The Medicare Part B premium will be used as part of the medical expense deduction only when an “N” is indicated in the “Buy-in” column. When the Medicare premium is being paid by the state or another entity, there will be a “Y” in the “Buy-in” column with a corresponding “Buy-in Date” and will not be used to calculate the medical expense.
   • Cost of Living Adjustment (COLA) – The SSA cost of living adjustments (COLAs) are announced in October and included in EIV the following January. Effective the day after SSA has announced the COLA, CCH must factor the COLA when determining SS and SSI annual income for all annual reexaminations and interim reexaminations of family income that (1) have not yet been completed and (2) will be effective January 1 or later of the upcoming year.
   • Addressing Unexplained Deductions – While SSA provides information on Medicare premiums, it does not provide information on additional deductions such as Medicare Part D (prescription drugs) premiums, repayment agreement information or garnishments. If there is an unexplained difference between the gross benefit and the net payment, CCH requires the resident to disclose any deductions they may have from their benefits and, when necessary, obtain a current Award letter to verify the amounts. 
     • For example, if the resident is paying their Medicare premium and the difference between the gross and net benefit exceeds the amount of the Medicare premium, property staff must (1) discuss with the resident, (2) determine the reason for the difference, and (3) obtain additional third-party verification to support any of the deductions that may affect the resident’s income or allowable expenses.
   • Alternative/Additional Verification – If the information in EIV does not agree with the amount that the resident reports they receive, when the resident disputes the EIV data, or there is no information in EIV, property staff must request that the resident obtain a current Award Letter.
     • Residents who need to request a current Award Letter may contact SSA by calling 1-800-772-1213 (TTY 1-800-325-0778) or by requesting it over the internet at https://www.ssa.gov/
     • SSA Form 7004 may be used by Property staff to request a resident’s Social Security Earnings Statement which provides a record of the resident’s SS earnings history, year-by-year, and provides an estimate of benefit payments that the resident and the resident’s household may qualify for now or in the future. The resident may have the benefits statement mailed directly to the Property staff to satisfy the independent third-party verification requirement. For more information visit https://www.ssa.gov/myaccount/

2. NDNH – Wage Compensation
   • General Info – EIV contains wage and unemployment benefit data from the National Director of New Hires (NDNH maintained by the Department of Health and Human Services (HHS) and retains employment and income data for two years for active adults who (1) are at least 18 years of age, (2) pass the SSA identity test, and (3) Are not listed as a live-in aide on the HUD-50059.
   • EIV as 3^rd Party – If information provided by the resident matches the employment information on the Income report, this is considered and used as 3^rd party electronic verification of employment.
   • EIV Data Timing – Since the EIV System does not provide “real-time” information, it is important to note the delay between the time income is earned and the time income is reflected in EIV is five (5) months after each quarters end. Therefore, EIV is not to be used to determine the resident’s projected income and Property staff must obtain additional, more current, verification documentation from the resident.
   • Procedural Summary – Employment and employment income verification using data provided by EIV is always done as follows:
     • Resident reports employment and employment income on Certification Questionnaire
     • Property staff checks EIV and finds that employment matches residents’ information.
     • Property staff requests last four to six paystubs and project/calculate income.
       • If the resident does not dispute the income, verification is complete
       • If the resident disputes the income or is unable to provide the last four to six paystubs, 3^rd Party verification must be conducted

3. NDNH – Unemployment Compensation
   • General Info – Unemployment income is generally reported in EIV after the benefit has stopped, therefore EIV Unemployment Income will not be used to project income for the next 12 months; however, information will be compared to the previous HUD-50059s to monitor resident reporting.
   • Procedural Summary – Employment and employment income verification using data provided by EIV is always done as follows:
     • Resident reports unemployment compensation on Certification Questionnaire
     • Property staff checks EIV and finds that employment matches residents’ information.
     • Property staff requests last unemployment benefit award letter.
       • If the resident does not dispute the income, verification is complete
       • If the resident disputes the income or is unable to provide the last unemployment benefit award letter, 3^rd Party verification must be conducted

4. Irregular Income
   • General Info – Some circumstances present more than the usual challenges to estimating anticipated income, like sporadic, seasonal, or self-employment work. In each instance, CCH is expected to make a reasonable judgment as to the most reliable approach to estimating what the tenant will receive during the year and mid-year or interim reexaminations may be required to reflect changing circumstances.
   • EIV as 3^rd Party – the EIV Income report will be used as a tool to identify past income and verify past employment, which may be used as electronic 3^rd party verification, if the resident agrees with the information provided.
   • Procedural Summary – Irregular income using data by EIV is always done as follows:
     • Resident reports income on Certification Questionnaire
     • Property staff checks EIV and finds that irregular income matches residents’ information and the resident does not dispute, verification is complete.
     • If complete information is unavailable or the resident claims that the information does not accurately reflect future income, the resident will be asked to produce alternative verification documents such as tax returns, bank statements, or other acceptable documents and a notarized statement which details the anticipated income for the coming 12 months.

REPORT USE

Income Discrepancy reports must be printed at the same time as the Income report and Property staff must review and resolve any discrepancies at the time of printing.  Reviewing Income Discrepancy reports on an annual basis provides property staff with information necessary to monitor and, if necessary, re-calculate rent and assistance.  The report helps monitor compliance by providing information about residents who may have failed to report changes and/or sources of income such as Social Security benefits, past or current employment and employment income, or unemployment benefits.

Income Discrepancies are generated when household have wages, unemployment, or social security benefits income reported in EIV which is $2400 or more than the wages, unemployment or social security benefit income reported and transmitted through TRACS.

REPORT PROCEDURE

1. General Procedures – Between 120 and 60 days prior to Annual Recertifications, 90 days after the transmission to TRACS of the Move-In or Initial Certification, and at time of processing Interim Recertifications, Property staff will print any Income Discrepancy Reports available in EIV.
   • When the Income Discrepancy report is generated, property staff must immediately print out each report as new reports are generated weekly and overwrite with new data.
   • Property staff must compare the SS, SSI, wage, and unemployment compensation information reported on the previous HUD-50059 and, if applicable third-party verifications, with the employment and income information reported in EIV to determine whether or not there is a valid discrepancy.
     • Property staff should ensure that the current certification reported on the Income Discrepancy report is in fact the current HUD-50059 in the user’s compliance software.
   • Property staff will not suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a federal benefit program against an individual, or take other adverse action against such individual, as a result of information produced by the EIV system without meeting with the resident and properly verifying the information and notifying the resident in writing of any adverse findings in the same manner as applies to other information findings related to eligibility factors.
   • Property staff will obtain independent verification of disputed EIV data such as that provided by SSA and HHS’ NDNH, in accordance with Procedures for termination, denial, suspension, or reduction of assistance based on information obtained from a SWICA or Federal Agency (24 CFR 5.236).
     • If a resident fails to report, as required, they must be provided a notice.
   • Property staff must log comments on the resolution on the Certification Income report which is used to record responses to unresolved EIV discrepancies throughout the year.
     • Since all EIV errors are not the result of errors in TRACS or resident non-compliance, it is necessary to maintain a record of response to errors in one place and be maintained by calendar year.

2. Effective Dates – In accordance with HUD policy and CCH Resident Selection Criteria,
   • If the resident complies with the interim reporting requirements by reporting changes in a timely manner:
     • Increases in rent will be effective the first of the month following a 30-day notice of rent increase.
     • Decreases in rent will be effective the first of the month following the date of action that caused the decrease.
   • If the resident does not comply with the interim reporting requirements by not reporting changes in a timely manner:
     • Increases will be effective the first of the month following the date of action that caused the increase; a 30-day notice will not be provided or required.
     • Decreases will be effective the first of the month following the completion of the interim reexamination; adjustments may not be retroactive.
   • If it is discovered that residents have not disclosed all of their income information and non-disclosure goes back for a number of years, Property staff will limit investigation of unreported income to income received by the resident within the last five (5) years (assuming they have received assistance at the property for those five (5) years).
3. Investigating Discrepancies – Property staff will review income discrepancies and compare the information in EIV with information included in the resident file and because the EIV information is historical and resident calculations are generally “projected” the file may already include documentation that explains the discrepancy.
4. Addressing Data Entry Errors – Property staff will review the resident file to determine if a simple data entry error caused the discrepancy and if a data entry error is discovered, the corresponding 50059 must be corrected within 30 days and the new corrected signed 50059 must be transmitted to HUD and/or the Contract Administrator.
   • If the correction generates a rent increase/assistance decrease, Property staff will correct the certification and any subsequent certifications using the original certification effective date, provide a 30-day notice of rent increase to the household to be effective the first of the month following the 30-day notice.
   • If the correction generates a rent decrease/assistance increase, Property staff will correct the certification and any subsequent certifications using the original certification effective date, notify the resident of the rent change, and make that change retroactive to the effective date of the certification.
     • The rent credit will be returned to the resident and they can choose if they want the entire rent credit in one lump sum or if the recredit should be applied to future rent.

5. Addressing Valid Income Discrepancies
   • If review of the Income Discrepancy report and review of the supporting Income report indicate that the resident has failed to disclose an income decrease, property staff must notify the resident.
   • If review of the Income Discrepancy report and review of the supporting Income report indicate that the resident has failed to disclose new income or increases in income, Property staff must notify the resident who will have 10 calendar days to participate in a meeting with Property staff to discuss the discrepancy.
     • Failure to respond to the notice will result in termination of assistance and/or resident the first of the month following the 10-day notice.
     • During the meeting, the resident will be asked if the information in EIV is accurate and
       • If the information is accurate, the resident must sign appropriate documentation that determines assistance was paid in error.
         • Based on the information verified, an Interim Recertification will be created and the resident will be required to return any “assistance paid in error” to HUD by either (1) one lump sum, (2) executed repayment agreement, or (3) combination of lump sum and executed repayment agreement.
         • The monthly repayment amount plus the amount of the tenant’s total payment (TTP) must not exceed 40 percent of the family’s monthly adjusted income at time of execution and may only exceed 40 percent if the family agrees to the higher amount in the executed agreement.
         • If the resident refuses to sign documents or attempts to refuse to return “assistance paid in error,” Property staff will take appropriate action up to an d including termination of assistance and/or tenancy and pursuing fraud.
       • Procedural Summary – The following procedure should be followed to resolve valid income discrepancies:
         • Notify and discuss any discrepancy with the resident
         • Request current document from the resident
         • Perform verification for any income source that the resident disputes
         • Confirm effective date of unreported income
         • Provide the resident the right to contest findings
         • Create an Interim Recertification to adjust the rent
           • Return overpayment of rent to the resident or
           • Determine the amount of “assistance paid in error” to be returned to HUD
         • If necessary, execute a repayment agreement when the resident is unable to pay the amount due in full
         • Reimburse to HUD any “assistance paid in error”

6. Invalid Data in EIV
   • If the resident claims that the information provided in EIV is invalid, Property staff will send verifications to the employer listed in EIV to confirm the information provided by the resident.
     • There could be several valid reasons for errors that would preclude any action like (1) Human error, (2) System Error (SSA/SSI/EIV/HHS), or (3) Identity Theft

7. EIV Income Not Belonging to Tenant – There may be times when the source or originator of EIV information makes an error when submitting or reporting information about tenants and it is important to know that HUD cannot correct data in the EIV system, only the originator of the data can correct the information. When data is corrected by the source or the originator, HUD will obtain the updated information with is next computer matching process.  Below are the procedures to follow regarding incorrect EIV information:
   • TRACS data reported in EIV originates from the property and once data is corrected in the property’s compliance software, the corrected data must be transmitted to TRACS.
   • Employment and wage information reported in EIV originates from the employer who reports this information to the local State Workforce Agency (SWA), who in turn, reports the information to HHS’ NDNH database.
     • If the tenant disputes the accuracy of the information in EIV that was provided by the employer and after third-party verification is obtain by CCH, it is determined that the information is not accurate, the tenant should contact the employer directly, in writing, to dispute the employment and/or wage information and request that the employer correct erroneous information. The tenant should provide CCH with a copy of this written correspondence to maintain in the tenant file.
   • Unemployment benefit information reported in EIV originates from the local SWA.
     • If the tenant disputes the accuracy of the information in EIV that was provided by SWA and after third-party verification is obtain by CCH, it is determined that the information is not accurate, the tenant should contact the SWA directly, in writing, to dispute the unemployment benefit information, and request that SWA correct erroneous information. The tenant should provide CCH with a copy of this written correspondence to maintain in the tenant file.
   • SS and SSI benefit information reported in EIV originates from the SSA.
     • If the tenant disputes the accuracy of the information provided in EIV that was provided by SSA and after third-party verification is obtained by CCH, it is determined that the information is not accurate, the tenant should contact the SSA at (800) 772-1213 or visit the local SSA office and request that the erroneous information be corrected. SSA office information is available in the government pages of the local directories or online at https://www.ssa.gov/
   • Identity Theft may be signaled by incorrect information in EIV. Sometimes someone else may use an individual’s SSN, either on purpose or by accident.  The SSA does not require an individual to report a lost or stolen SSN card and reporting will not prevent the misuse of an individual’s SSN.  A person using an individual’s SSN can get other personal information about that individual and apply for credit in that individual’s name.
     • If the tenant suspects someone is using their SSN, they should:
       • Check their Social Security records to ensure their records are correct by calling SSA at 1-800-772-1213
       • File an identity theft complaint with the Federal Trade Commission by calling FTC at 1-877-438-4338 or visiting their website at https://consumer.ftc.gov/features/identity-theft
       • Monitor their credit reports and/or request their credit report and place a fraud alert with the three national credit reporting agencies (Equifax, TransUnion, and Experian).
         • Equifax Credit Information Services, Inc

PO BOX 740241                        www.equifax.com

Atlanta, GA 30374                     (800) 685 – 1111

• Experian

PO BOX 2104                             www.experian.com

Allen, TX 75013                          (888) 397-3742

• TransUnion

PO BOX 6790                             www.transunion.com

Fullerton, CA 92834                  (800) 680-7289 or (800) 888-4213

Repayment Options

Tenants who do not agree to repay amounts due are in non-compliance with their lease and subject to Termination of Tenancy.  Tenants can repay in a lump sum, or enter into a repayment agreement, or a combination of both.  The repayment agreement must include the following:

• terms must be agreed upon by both tenant and O/A
• will not require a monthly repayment amount plus the tenant rent amount that exceeds 40% of the family’s monthly adjusted income, unless the tenant chooses to repay at a higher rate. If the tenant chooses to repay at a higher rate, the file must be documented that the tenant chose to pay at a higher rate, and the amount is stated in the repayment agreement
• will include the time period for repayment by the tenant of the amount owed
• will include the total retroactive rent amount owed, the amount of the lump sum paid at the time of execution of the agreement, if applicable, and the monthly payment amount
• will include a statement that the monthly retroactive rent repayment amount is in addition to the family’s monthly rent payment and is payable to the O/A
• late and missing payments constitute default of the repayment agreement and may result in termination of assistance and/or tenancy
• will reference the paragraphs in the lease where the tenant is in non-compliance and may be subject to termination of their lease
• will be signed and dated by O/A, the Head of Household and, if applicable, the family member who had the unreported or underreported income
• will include a clause regarding adjusting the payment for an increase or decrease in the family’s income of $200 or more per month
• will include a statement that O/A will not apply a tenant’s monthly rent payment toward the repayment amount as that would result in an accumulation of late rent payments, if applicable

CCH will repay any funds collected from the tenant to HUD and has the option of collecting the lesser of actual cost or twenty (20) percent of the amount received from the tenant and depositing this amount in the operating account for the property to offset the expenses incurred.

If CCH finds at the time of a reexamination that the previous income for a family was less than what was used to calculate rent, CCH will discuss with the tenant.  If the tenant agrees, CCH will verify the amount through third-party verification and if the income is verified as having been less than the amount used to calculate rent, CCH will complete a correction to the prior certification and refund any overpaid rent.

New Hires (NH)

REPORT USE

The New Hires report provides employment information for residents who may have started new jobs and the information in this report is updated on a monthly basis.  Since most employers’ report information on new hires to their state within thirty (30) days of the hire date, the information should appear on this report within 90 days of when a resident has started a new job. To ensure timely rent adjustments, the New Hires report must be run on a monthly basis with the Recertification Month selected as “All.”  Property staff must run this report each month when printing Income reports.

REPORT PROCEDURE

1. CCH will not deny, suspend, or reduce any benefits of a resident until HUD, or the owner has taken appropriate steps to independently verification information relating to: (1) the amount of wages, other earnings or income, or unemployment compensation involved; (2) whether such resident actually has (or had) access to wages, other earnings or income, or benefits for their own use; and (3) the period (or periods) when, or with respect to which, the resident actually received such wages, other earnings or income, or benefits.
2. When a resident appears on the New Hires Report, the following procedure will be followed:
   • Property staff must contact the resident regarding their new employment.
   • Confirm with the resident that they have a new job and that the employment information in the EIV system is correct.
     • If the resident agrees that the employment information in the EIV systems is correct:
       • request the resident provide documents (for example, four current, consecutive pay stubs, employment confirmation letter specifying rate of pay, number of hours worked each week, pay frequency, etc.) for use in determining the resident’s income and, if necessary request third party verification from the employer.
       • Process a recertification (if applicable) in accordance with program requirements that includes the employment income.
       • Determine the amount the resident will be required to return to HUD for any assistance paid in error by (1) one lump sum, (2) execute repayment agreement, or (3) a combination of both lump sum and repayment agreement.
         • Monthly repayment plus the amount of the tenant’s Total Tenant Payment (TTP) at the time the repayment agreement is executed should not exceed 40% of the family’s monthly adjusted income.
         • If the resident refused to execute a repayment agreement, revokes forms HUD-9887 and HUD-9887-A, or refuses to return assistance paid in error, property staff will take appropriate action up to and including notify of material lease violation (based on CCH’s policy and procedure regarding material lease violations), termination of assistance, tenancy, and pursuing fraud.
       • If the resident claims that the information is invalid:
         • Property staff will contact the employer listed in the EIV to verify the information as there can be several valid causes for errors that would preclude any action like Human Error, System Error, or Identify Theft.
         • There may be cases where attempts to verify the EIV data is unsuccessful and, in these cases, the resident must certify that the employer and employment information displayed in EIV is invalid and has been wrongly attributed to his or her personal identifiers.
           • Residents will be advised to contact the third-party income sources, and if unsuccessful, contact the State Workforce Agency (SWA) to have that employer or agency remove the invalid income information from their records while CCH uses tenant provided documentation to verify tenant income.

Multiple Subsidy (MS)

REPORT USE

The Multiple Subsidy report will be reviewed on a monthly basis with the Recertification Month selected as “All.” And must be run for both MF and PIH.  If any household member received or attempted to receive assistance in another HUD assisted unit while receiving assistance on a CCH property, the household member will be required to reimburse HUD for assistance paid in error and is considered a material lease violation and may result in penalties up to and including eviction and pursuit of fraud charges.

REPORT PROCEDURE

1. There are situations where a dual assistance is allowed as a minor may reside in two different HUD assisted units if two parents/guardians live in separate units and share 50% custody of the minor.
2. When households split, meaning one household member remains in a unit and other household members move to a new unit, there may be a required notification period that prevents staff from removing a resident until the notice has been executed.
3. In addition, a resident receiving a housing assistance that does not include subsidy, such as a 236 property, may also benefit from HUD’s Housing Choice Voucher Program.
4. If a resident appears on the Multiple Subsidy Report and the resident appears to be violating HUD’s rules regarding dual subsidy or multiple residences, the household will be sent an appropriate notice and be required to meet with property staff or face termination and/or eviction as appropriate.
   • During the meeting, the resident will be asked if the information in EIV is accurate.
     • If the resident claims the information is invalid, then the resident’s signed forms HUD-9887 and HUD-9887-A allow property staff to contact the other landlord to verify, or if necessary, determine the extent of the violation.
       • If the resident revokes forms HUD-9887 and HUD-9887-A, property staff will take appropriate action up to an including termination of assistance, tenancy, pursuit of fraud, and notice of material lease violation. Action will be taken based on CCH’s policy and procedures regarding material lease violations.
       • Property staff in conjunction with the Portfolio Manager will determine appropriate action including termination of assistance, termination of tenancy, requirement to return assistance paid in error to HUD and pursuit of fraud after verification is complete.

• There can be several valid causes for errors that would preclude any action, like Human Error, System Error, or Identify Theft.
• There may be cases where attempts to verify the EIV data is unsuccessful which will require the resident to certify that the resident information displayed in EIV is invalid and has been wrongly attributed to their personal identifiers.

Identity Verification (IV)

REPORT USE

There are two reports that can be accessed from the Identity Verification report, must be reviewed on a monthly basis with the Recertification Month selected as “All,” and discrepancies addressed as quickly as possible to ensure that EIV Income matches are completed.

Failed Pre-Screening

The Failed Pre-Screening report indicates that SSA information provided on form HUD-50059 failed the pre-screening test due to invalid or missing personal identifiers (last name, date of birth, or social security number).  The tenants identified in this report will not be sent to SSA for SSA identity test until the personal identifier information is corrected in TRACS.  Common errors include empty fields or fields requiring letters or numbers filled with other characters.

Failed Verification

The Failed Verification report identifies household members who failed the SSA identity test because their personal identifiers (last name, date of birth, social security number) do not match SSA’s records.  Usually, Failed Verification reports are returned when there are data entry errors, such as transposed numbers; however, other factors can create errors.

REPORT PROCEDURE

1. Property staff will review the resident file to determine if a simple data entry error caused this discrepancy.
   • If the discrepancy is determined to be a data entry error, the corresponding 50059 must be corrected within 30 days.
   • The corrected certification must be signed by all adult household members and the new corrected, signed 50059 must be transmitted to the Contract Administrator and/or HUD.
2. If the reason for the discrepancy cannot be identified after a simple file review, property staff will contact the affected resident and notify them that their social security number, date of birth, and/or last name is producing discrepancies.
   • The resident will have 10 business days to respond to the notice and failure to respond will result in termination of assistance and/or tenancy as appropriate.
   • During the meeting, property staff will discuss the discrepancy with the resident and in some cases, additional verification of the information may be necessary.
     • IF the resident claims that the information provided by EIV is inaccurate, the resident must sign appropriate verification release forms and assist property staff in efforts to obtain verification of the information provided.
     • Property staff will encourage the resident to contact the Social Security Administration to correct any inaccurate data in their databases.
       • The resident can request SSA to correct their record by completing and submitting form SS-5, Application for a Social Security Card, to the local office.

3. If the information provided by the resident was inaccurate and it is determined to be a fraudulent action, the resident will receive a notice of “material lease violation” and the property staff will begin the process to terminate assistance and/or tenancy as appropriate.
   • Unintentional errors that do not cause preferential treatment will not be used as a basis to terminate assistance and/or tenancy.
4. Effective January 31, 2010, providing a valid social security number for all household members is required and if it is determined that the social security number provided was incorrect, HUD requires that we attempt to recover subsidy paid in error.
   • In these cases, property staff will:
     • Create/correct appropriate certifications; and
       • Request all “assistance paid in error” is returned to HUD in one lump sum, or
       • Require that all “assistance paid in error” is returned to HUD as scheduled in an executed repayment agreement
     • If a resident refuses to sign the verification documents or attempts to refuse to return assistance paid in error, CCH will take appropriate action up to and including termination of assistance and/or tenancy and pursuit of fraud.

Deceased Tenants (DT)

REPORT USE

The Deceased Tenants report identifies residents who are currently reflected in TRACS as existing/active residents and who have been identified by SSA as deceased and property staff will run this report monthly with the Recertification Month selected as “All.”  If a resident is listed on the Deceased Tenants report, Property staff will contact the head of household, next of kin, or emergency contact person, in writing, to confirm whether or not the resident is deceased; and if so, create an Interim Recertification to update the household composition and recalculate assistance.

REPORT PROCEDURE

The DT report will be printed monthly with the Recertification Month selected as “all.”

1. In cases where deceased status was unknown and proper move-outs or recertifications have not already been transmitted to TRACS, written confirmation as to whether the person is deceased or not will be obtained from the individual, head of household, next-of-kin, or if none of these persons exist, another appropriate contact.
2. If the tenant is not deceased, they will be advised to contact the Social Security Administration to correct the error/get the discrepancy resolved. In some cases, the property staff may opt to waive minimum rent if financial assistance is temporarily terminated.
3. If the deceased tenant was already removed from subsidy via a Move-Out or Interim Reexamination, the report will be documented. Management will visually check the Tenant Certification Query to see whether the Move-Out or Interim Reexamination is in the TRACS database.
   • If so, no further action will be taken.
   • If not, management will retransmit and recheck the Query to ensure that the action/certification appears in the TRACS database.
4. If appropriate removal from subsidy has not yet occurred, a Move-Out or Interim, effective on the appropriate retroactive date, will be transmitted within 30 days of the Report date and overpaid subsidy will be returned to HUD. CCH staff will ensure processes are in accordance with HUD Handbook and MAT Guide.

Per HUD Handbook, CCH is not required to retain copies of this report and CCH’s population mostly consists of elderly household, CCH policy is to not run these reports.

No Income Reported by HHS or SSA Report

The No Income Reported by HHS or SSA report lists resident who passed the identity match against the SSA database, but no employment or benefit information was received through the match with SSA and HHS; however, does not mean that the resident does not have income.  It is possible that the resident is receiving income through a source which isn’t reported in EIV.

No Income Reported on the 50059

The No Income Reported on the 50059 identifies those residents who have report zero income on the most recent 50059; however, HUD no longer require that residents who report nominal income of less than $100 a month complete the Income Questionnaire on a quarterly basis; however, CCH requires that resident complete a Zero Income Questionnaire or Certification to coincide with their reexamination(s).