HUD Housing Notice § 2010-02
Enterprise Income Verification (EIV) & You Brochure - Requirements for Distribution and Use (HUD Housing Notices)
Operative Text
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Special Attention of:
NOTICE: H 2010-02
Multifamily Hub Directors
Issued: January 11, 2010
Multifamily Program Center Directors
Supervisory Housing Project Managers Expires:
January 31, 2011
Rural Housing Services (RHS) Directors
Project Managers
Contract Administrators Cross References: None
Owners and Management Agents Administering
Multifamily Housing Rental Assistance Programs
[pic]SUBJECT: Enterprise Income Verification (EIV) & You Brochure -
Requirements for Distribution and Use
I. PURPOSE
The purpose of this Notice is to provide guidance to owners and
management agents (O/As) on the distribution and use of the EIV &
You brochure. Any O/A participating in one of Multifamily Housing's
rental assistance programs listed in Section II. below who is using
the EIV system, is subject to this Notice. The EIV & You brochure
is to inform tenants and potential tenants about the EIV system,
the data that is available about them in EIV, how the information
will be used, and their responsibilities as a tenant.
II. APPLICABILITY
This notice applies to administrators of the following programs:
A. Project-based Section 8
1. New Construction
2. State Agency Financed
3. Substantial Rehabilitation
4. Section 202/8
5. Rural Housing Services Section 515/8
6. Loan Management Set-Aside (LMSA)
7. Property Disposition Set-Aside (PDSA)
B. Section 101 Rent Supplement
C. Section 236 Rental Assistance Payment (RAP)
D. Section 202/162 Project Assistance Contract (PAC)
E. Section 202 Project Rental Assistance Contract (PRAC)
F. Section 811 PRAC
G. Section 236
H. Section 221(d)(3) Below Market Interest Rate (BMIR)
III. BACKGROUND
In 2004, HUD developed and began implementation of the Upfront
Income Verification (UIV) system, now known as the EIV system. The
EIV system serves as a central repository and source for income and
benefit data, securely accessible over the internet, for use by
Public Housing Authorities (PHAs) and O/As to improve the accuracy
of rent and income determinations.
HUD has computer matching agreements with the Department of Health
and Human Services (HHS) and the Social Security Administration
(SSA) enabling EIV to contain wage, unemployment compensation and
new hire data from HHS' National Directory of New Hires (NDNH) and
Social Security (SS), Supplemental Security Income (SSI) and Dual
Entitlement SS benefit data from SSA. Using this data assists in
reducing errors in determining a tenant's income, thereby reducing
the number of improper payments in Multifamily Housing's rental
assistance programs.
IV. IMPLEMENTATION
O/As using the EIV system must provide each tenant household with
the EIV & You brochure at the time of annual recertification along
with a copy of the HUD Fact Sheet "How Your Rent is Determined".
O/As must also provide applicant households who have been selected
from the waiting list for screening and final application
processing with a copy of the EIV & You brochure. The brochure
will be translated into thirteen languages for distribution to non-
English speaking households.
O/As may order the EIV & You brochure for English speaking
households from the online HUD Direct Distribution Center at
http://www.hud.gov/offices/adm/dds/index.cfm, or by telephone at
(800) 767-7468. Quantities ordered should be sufficient to cover
distribution to existing tenant households and anticipated new
tenant households over the next twelve months. The brochure is
also available for download at the Multifamily RHIIP website at
http://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm.
Translated versions of the brochure for non-English speaking
households will be posted to the Multifamily RHIIP website once the
translations are completed. These versions will not be available
for order through the HUD Direct Distribution Center.
V. BENEFITS OF IMPLEMENTATION
Tenants and applicants selected for final screening and application
processing have a right to know that an O/A has access to a system
containing personal and financial information about them. In
addition, there are numerous benefits to the O/A and HUD for
distributing the brochure to tenants and applicants. Among the
benefits are: If tenants accurately report their income then the
right amount of rental assistance will be paid on their behalf,
thus allowing more families to receive the rental assistance they
need. Furthermore, the administrative workload on O/As will be
significantly reduced because they will not have to set up
repayment agreements with tenants to recover rental assistance that
was inappropriately paid on their behalf and discovered through use
of the EIV system. And finally, there will be fewer tenants moving
out of their units while still owing back rent because the right
amount of rental assistance will have been paid from the beginning.
The potential for fraud, waste and abuse in HUD's rental
assistance programs will be diminished.
If you have any questions regarding this Notice or need more
information on the EIV system, please contact your local Contract
Administrator or local HUD field office.
________________________________________
David H. Stevens, Assistant Secretary for
Housing-Federal Housing Commissioner
Housing Notice § 2010-02 requires owners and management agents (O/As) participating in HUD multifamily rental assistance programs to distribute the 'EIV & You' brochure to tenants at annual recertification and to applicants selected from waiting lists for final processing. The brochure explains the Enterprise Income Verification system, what personal and financial data it contains, how that data is used in rent determinations, and what responsibilities tenants carry. Translated versions are to be made available for non-English speaking households.
Plain English — not legal advice.
Under Housing Notice § 2010-02, compliant O/As distribute the 'EIV & You' brochure alongside the HUD Fact Sheet 'How Your Rent is Determined' at each annual recertification, and also provide the brochure to applicant households selected from the waiting list for screening and final application processing. Operators typically order sufficient quantities through the HUD Direct Distribution Center or download copies from the Multifamily RHIIP website to cover existing and anticipated households for the next twelve months. Translated versions for non-English speaking households are available through the Multifamily RHIIP website once completed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Housing Notice § 2010-02 establishes that tenants and applicants in covered HUD multifamily programs have a right to know that their personal and financial data is accessible through the EIV system. At annual recertification, tenants should receive the 'EIV & You' brochure explaining what data is held and how it affects rent calculations. Tenants who believe they did not receive required disclosures may contact their local HUD field office or a tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
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