[ Reply ]
From: Michael Hanley
email: mailto:mhanley@wnylc.com
link: http://
date: 6/30/0 18:02
Date: 12/21/00
Time: 11:38:14 AM
Remote Name: 207.251.188.199
Here are some suggested minor edits to Mac's text. Changes are in parenthesis, and put in CAPITAL LETTERS for identification only. Deleted text is in brackets. Note: Mac already had the last sentence in parenthises in his draft:
"Section 3.1 should be revised to read as follows:
"If a tenant's income has been underreported and, based on the 1998 data, the current rent is too low, POAs may increase the tenant's rent. If based on the 1998 data, the current rent is too high, POAs may decrease the tenant's rent. HUD will not require (AND DOES NOT ENCOURAGE) POAs to make rental adjustments for prior years for income that is identified through this process. POAs (MUST)[should] afford tenants appropriate due process, as described in HUD program requirements or in state and local regulations, as applicable, and as further described and supplemented below, regarding any unresolved disputes over income discrepancies, or if the POA chooses to take adverse action against the tenant based on the Federal tax data contained in HUD's tenant letter. (Such adverse action is not mandated by HUD with regard to the FY 2000 baseline collection)."
Regarding the suggestion about keeping in 3.3.1, if it goes in it should be revised to read:
"3.3.1. Limitations on Referral to Inspector General
"Only where a POA discovers egregious abuses, such as cases in which independent verification reveals intentionally under-reported income in excess of $15,000, should the POA elect to refer the case to the Inspector General. In these cases a POA must provide the following material to support the finding of fraudulent acts: [remainder as in original]. "