1、32 24 CFR Ch. VII (4111 Edition) Pt. 792 mudslides, snowstorms, drought, fires, floods, or explosions, which in the de-termination of the Secretary cause damage of sufficient severity and mag-nitude to warrant Federal housing as-sistance; (2) Housing needs resulting from emergencies, as certified by
2、 the Sec-retary, other than disasters described in paragraph (a)(1) of this section. Emergency housing needs that can be certified are only those that result from unpredictable and sudden cir-cumstances causing housing depriva-tion (such as physical displacement, loss of Federal rental assistance, o
3、r substandard housing conditions) or causing an unforeseen and significant increase in low-income housing de-mand in a housing market (such as in-flux of refugees or plant closings); (3) Housing needs resulting from the settlement of litigation; and (4) Housing in support of desegrega-tion efforts.
4、(b) Applications for funds retained under paragraph (a) of this section shall be made to the field office, which will make recommendations to Head-quarters for approval or rejection of the application. Applications generally will be considered for funding on a first-come, first-served basis. Specifi
5、c instructions governing access to the Headquarters Reserve shall be pub-lished by notice in the FEDERAL REG-ISTER, as necessary. (c) Any amounts retained in any fis-cal year under paragraph (a) of this section that are not reserved by the end of such fiscal year shall remain available for the follo
6、wing fiscal year in the program under 791.101(a) from which the amount was retained. Such amounts shall be allocated pursuant to 791.403(b)(2). PART 792PUBLIC HOUSING AGENCY SECTION 8 FRAUD RE-COVERIES Subpart AGeneral Provisions Sec. 792.101 Purpose. 792.102 Applicability. 792.103 Definitions. Subp
7、art BRecovery of Section 8 Funds 792.201 Conduct of litigation. 792.202 PHA retention of proceeds. 792.203 Application of amounts recovered. 792.204 Recordkeeping and reporting. AUTHORITY: 42 U.S.C. 1437f note and 3535(d). SOURCE: 59 FR 9409, Feb. 28, 1994, unless otherwise noted. EDITORIAL NOTE: No
8、menclature changes to part 792 appear at 64 FR 26640, May 14, 1999. Subpart AGeneral Provisions 792.101 Purpose. The purpose of this part is to encour-age public housing agencies (PHAs) to investigate and pursue instances of tenant and owner fraud and abuse in the operation of the Section 8 housing
9、assistance payments programs. 64 FR 26640, May 14, 1999 792.102 Applicability. (a) This part applies to a PHA acting as a contract administrator under an annual contributions contract with HUD in any section 8 housing assist-ance payments program. To be eligible to retain section 8 tenant or owner f
10、raud recoveries, the PHA must be the principal party initiating or sustaining an action to recover amounts from families. (b) This part applies only to those in-stances when a tenant or owner com-mitted fraud, and the fraud recoveries are obtained through litigation brought by the PHA (including set
11、tle-ment of the lawsuit), a court-ordered restitution pursuant to a criminal pro-ceeding, or an administrative repay-ment agreement with the family or owner as a result of a PHA administra-tive grievance procedure pursuant to, or incorporating the requirements of, 982.555 of this title. This part do
12、es not apply to cases of owner fraud in PHA- owned or controlled units, or where in-correct payments were made or bene-fits received because of calculation er-rors instead of willful fraudulent ac-tivities. (c) This part applies to all tenant and owner fraud recoveries resulting from litigation brou
13、ght by the PHA (includ-ing settlement of the lawsuit), or a court-ordered restitution pursuant to a VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking pe
14、rmitted without license from IHS-,-,-33 Office of the Secretary, HUD 792.203 criminal proceeding obtained on or after October 8, 1986, and to all tenant and owner fraud recoveries obtained through administrative repayment agreements signed on or after October 28, 1992. 59 FR 9409, Feb. 28, 1994, as
15、amended at 64 FR 26640, May 14, 1999 792.103 Definitions. Fraud and abuse. Fraud and abuse means a single act or pattern of ac-tions: (1) That constitutes false statement, omission, or concealment of a sub-stantive fact, made with intent to de-ceive or mislead; and (2) That results in payment of sec
16、tion 8 program funds in violation of section 8 program requirements. The terms Public Housing Agency (PHA) and Indian Housing Authority (IHA) are defined in 24 CFR part 5. Judgment. Judgment means a provi-sion for recovery of section 8 program funds obtained through fraud and abuse, by order of a co
17、urt in litigation or by a settlement of a claim in litiga-tion, whether or not stated in a court order. Litigation. A lawsuit brought by a PHA to recover section 8 program funds obtained as a result of fraud and abuse. Principal party in initiating or sus-taining an action to recover. Principal part
18、y in initiating or sustaining an ac-tion to recover means the party that incurs more than half the costs in-curred in: (1) Recertifying tenants who fraudu-lently obtained section 8 rental assist-ance; (2) Recomputing the correct amounts owed by tenants; and (3) Taking needed actions to recoup the ex
19、cess benefits received, such as initiating litigation. Costs incurred to detect potential ex-cessive benefits in the routine day-to- day operations of the program are ex-cluded in determining the principal party in initiating or sustaining an ac-tion to recover. For example, the cost of income verif
20、ication during an an-nual recertification would not be counted in determining the principal party in initiating or sustaining an ac-tion to recover. Public housing agency (PHA). A public housing agency as defined in 791.102. Repayment agreement. Repayment agreement means a formal document signed by
21、a tenant or owner and pro-vided to a PHA in which a tenant or owner acknowledges a debt, in a spe-cific amount, and agrees to repay the amount due at specific time period(s). 59 FR 9409, Feb. 28, 1994, as amended at 61 FR 5212, Feb. 9, 1996; 64 FR 26640, May 14, 1999 Subpart BRecovery of Section 8 F
22、unds 792.201 Conduct of litigation. The PHA must obtain HUD approval before initiating litigation in which the PHA is requesting HUD assistance or participation. 792.202 PHA retention of proceeds. (a) Where the PHA is the principal party initiating or sustaining an action to recover amounts from ten
23、ants that are due as a result of fraud and abuse, the PHA may retain, the greater of: (1) Fifty percent of the amount it ac-tually collects from a judgment, litiga-tion (including settlement of lawsuit) or an administrative repayment agree-ment pursuant to, or incorporating the requirements of, 982.
24、555 of this title; or (2) Reasonable and necessary costs that the PHA incurs related to the col-lection from a judgment, litigation (in-cluding settlement of lawsuit) or an ad-ministrative repayment agreement pursuant to, or incorporating the re-quirements of, 982.555 of this title. Reasonable and n
25、ecessary 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. 59 FR 9409, Feb. 28, 1994, as amended at 64 FR 26640, May 14,
26、1999 792.203 Application of amounts re-covered. (a) The PHA may only use the amount of the recovery it is authorized to retain in support of the section 8 program in which the fraud occurred. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080e
27、rowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-34 24 CFR Ch. VII (4111 Edition) 792.204 (b) The remaining balance of the re-covery proceeds (i.e., the portion of re-covery the PHA is not authorized to re-tain) must be
28、applied as directed by HUD. 792.204 Recordkeeping and report-ing. To permit HUD to audit amounts re-tained under this part, an PHA must maintain all records required by HUD, including: (a) Amounts recovered on any judg-ment or repayment agreement; (b) The nature of the judgment or re-payment agreeme
29、nt; and (c) The amount of the legal fees and expenses incurred in obtaining the judgment or repayment agreement and recovery. (Approved by the Office of Management and Budget under Control Number 25770053) PARTS 793798 RESERVED VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00044 Fmt 8010 Sfmt 8006 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
