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Guide for Completing Form 8823 - page 73 / 197





73 / 197

Owner Takes Action to Remove Noncompliant Household

Households Determined to be Over the Income Limit at Recertification

Example 1: Household Gives Notice of Departure Before Recertification is Due

The owner provided timely notice to a household (on July 15th, 2009) that the annual income recertification was due on October 1, 2009. The household informed the owner on September 13, 2009 that they would be vacating the unit on October 15, 2009.

Since the household gave notice in advance and will not occupy the unit in the coming year, there is no reason to complete the income recertification and the unit remains in compliance. Should the household later decide to stay in the unit, a late recertification must be completed.

If the owner initiates an eviction proceeding and the household vacates the unit, no recertification is necessary. If, for any reason, it is determined that the household will not vacate the unit as anticipated, a recertification will be necessary within 120 days of the determination.

Example 1: Court Failed to Sustain Request for Eviction

Income recertification was due on July 1, 2009. The owner initiated the recertification process on April 15, 2009, and documented attempts to obtain recertification information. The household did not complete the recertification and the owner initiated eviction proceedings on July 29, 2009. The court did not sustain the owner’s filing for eviction on September 15, 2009. The owner must secure the tenant income recertification.

In the event that a household’s income exceeds the income limit at the time of recertification, state agencies must determine whether the household was income qualified at the time of move in. The initial tenant income certification should be reviewed.

Example 1: Household Qualified at Move In

An income qualified household moved into a rent restricted unit on June 23, 2004 and timely completed their tenant income recertifications each year. In 2009, for the first time, the recertification indicates that that same household’s income exceeds the income limit.

The state agency must review the initial tenant income certification. If the household qualified at move in, no further action is necessary and the unit is in compliance with the annual income recertification requirements. If the household’s income is 140% or more of the income limit, compliance with the Available Unit Rule must also be evaluated. See chapter 14.

If the state agency identifies an issue of noncompliance on the initial tenant income certification, the state agency must review the intervening tenant income recertifications to determine whether the noncompliance was corrected at some intervening point.


Revised October 2009

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