HUD Handbook 4350.3 - Ch 8 Terns Flashcards
Adult
An individual who is 18 years of age or older or a minor under the age of 18 who has been emancipated to act on his/her own behalf, including the ability to execute a contract or lease.
RHS
Rural Housing Service -
EIV
Enterprise Income Verification
HUD’s computer system that must be used by owners as third party verification of employment and income during mandatory recertifications of family composition and income and to reduce administrative and subsidy payment errors.
Eviction
The dispossession of the tenant from the leased unit as a result of the termination of tenancy, including a termination prior to the end of a lease term.
Family
A family includes but is not limited to:
- A family with or without children (the temporary absence of a child from the home due to placement in foster care shall not be considered in determining family composition and family size);
- An elderly family;
- A near-elderly family;
- A disabled family;
- A displaced family;
- The remaining member of a tenant family; and
- A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.
Fraud
Deceit or trickery deliberately practiced to gain some advantage dishonestly. Fraud is an intentional deception and cannot be committed accidentally.
Increased ability to pay
An increase in the tenant’s income to a point where the total tenant payment is equal to or greater than the contract rent, plus any utility allowance, for the unit. An increased ability to pay does not apply to Section 202 PRAC or Section 811 PRAC properties.
Law Enforcement Agency
The National Crime Information Center (NCIC), police departments, and other law enforcement agencies that hold criminal conviction records.
Live-in Aide
A person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who:
- Is determined to be essential to the care and well-being of the persons;
- Is not obligated for the support of the persons; and
- Would not be living in the unit except to provide the necessary supportive services.
Tenant
An individual or a family renting or occupying an assisted dwelling unit.
Termination of Assistance
When a tenant fails to comply with certain HUD program requirements, the owner, under agreements with HUD, is obligated to terminate the assistance provided by HUD on behalf of that tenant.
Termination of Tenancy
Termination of tenancy occurs when a tenant violates specific provisions of the lease agreement, and the owner notifies the tenant that he/she no longer has the right to occupy the unit as a result of lease violations. The HUD model leases have very specific conditions under which tenancy may be terminated and procedures that must be followed during the termination process. (See model leases in Appendix 4 and guidance in Chapter 8, Termination.)
Unauthorized Occupant
A person who, with the consent of a tenant, is staying in the unit, but is not listed on the lease documents or approved by the owner to dwell in the unit. An owner must follow State or local law regarding an
unauthorized occupant and establish an equitable and consistent policy and incorporate that policy into the house rules.
Unintentional Program Violation
An error or oversight by the tenant that does not involve deliberate, intentional deceit.