HUD PIH Notice § 2012-04
Effective Use of the Enterprise Income Verification (EIV) System's Deceased Tenants Report to Reduce Subsidy Payment & Administrative Errors (HUD PIH Notices)
Operative Text
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|Special Attention of: |Notice: PIH 2012-4 (HA) |
|Public Housing and Section 8 Program |Issued: January 1, 2012 |
|Administrators, Public Housing Hub | |
|Office Directors; Public Housing Field|Expires: Effective until amended, |
|Office Directors; Program Center |superseded, or rescinded |
|Coordinators; | |
|Resident Management Corporations; |Cross References: 24 CFR 5.233, HUD|
|Resident Councils; Participants of |OIG Audit Report Number 2010-FW-0001|
|Public Housing, Housing Choice | |
|Voucher, Project-Based Certificate, | |
|and Project-Based Voucher Programs; | |
|Section 8 Property Owners and | |
|Landlords | |
SUBJECT: Effective Use of the Enterprise Income Verification (EIV)
System’s Deceased Tenants Report to Reduce
Subsidy Payment & Administrative Errors
1. Purpose. This notice explains the procedures Public Housing Agencies
(PHAs) are required to implement to deal with families with deceased
household members. The implementation of the procedures outlined in this
notice will ensure that PHAs successfully submit accurate data to HUD via
the Public and Indian Housing Information Center (PIC) and that PHAs do
not make subsidy overpayments on behalf of deceased single member
households. Where overpayments have been made, the PHA will recoup the
overpayment from the landlord/owner of the rental property under the
programs noted in Section 2 of this notice, with the exception of the
Public Housing program. This notice supersedes PIH Notices
2010-50 and 2010-09.
2. Applicability. This Notice applies to the following HUD-PIH rental
assistance programs: Public Housing, Section 8 Moderate Rehabilitation,
Project-Based Voucher, Project-Based Certificate; and Housing Choice
Voucher programs.
3. Background. In January and September, 2008, the Department encouraged
PHAs to utilize the Deceased Tenants Report available in the Enterprise
Income Verification (EIV) system. In a letter sent to all PHA Executive
Directors, the Department urged PHAs to use the report on a monthly basis
to assist in identifying families with deceased household members, and
reduce the occurrence of paying housing assistance on behalf of deceased
single member households. The Department also urged all PHAs to take
appropriate corrective actions to address families with deceased
household members and update the form HUD-50058 (Family Report) to
reflect accurate household composition and transmit the updated form HUD-
50058 in a timely manner.
HUD continues to provide formal and informal guidance and training via
PIH notices, email and webcast, related to effective use of the EIV
system, including the Deceased Tenants Report.
Many PHAs have taken corrective actions to transmit more accurate data to
HUD via PIC, and have reduced the number of deceased single member
households continuing to receive improper rental assistance. PHAs with
zero deceased household members reported on the Deceased Tenants Report
are to be commended for their efforts.
However, there are some PHAs that have not followed HUD’s informal
guidance. According to HUD’s Office of Inspector General (OIG) audit
report number 2010-FW-0001, issued on November 29, 2009, PHAs paid
approximately $7 million in questionable housing assistance payments for
deceased tenants in single member households. The OIG also determined
that PHAs did not update family composition on the form HUD-50058 in a
timely manner, which resulted in incorrect information in PIC.
In accordance with the new regulatory requirement at 24 CFR
5.233(a)(2)(ii), which became effective on January 31, 2010, under the
Final Rule: Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs: Implementation of the Enterprise
Income Verification System-Amendments, published at 74 FR 68924 on
December 29, 2009, all PHAs are required to use the EIV system to reduce
administrative and subsidy payment errors in accordance with HUD
administrative guidance. Accordingly, HUD is issuing this formal
guidance to ensure that PHAs:
a) Use EIV’s deceased tenant information for effective decision
making, corrective action implementation, and reporting activities;
b) Implement policies and procedures to minimize erroneous subsidy
payments on behalf of deceased single member households; and
c) Provide accurate and reliable information to HUD via PIC in a
timely manner.
4. Effective Date. This notice is effective upon issuance and remains in
effect until amended, superseded, or rescinded.
5. Monitoring Deceased Tenants. PHAs must generate the Deceased Tenants
Report at least once a month. The purpose of generating the Deceased
Tenants Report monthly is to prevent, eliminate and/or recover improper
payments being made on behalf of deceased Section 8 tenants and ensure
PHAs are aware of unoccupied public housing units which must be prepared
for occupancy and made available for occupancy by the next eligible
family. PHAs who administer Section 8 programs are required to generate
the report prior to disbursing the upcoming monthly housing assistance
payment (HAP) to owners. PHAs who administer the public housing program
are required to generate the report when generating the new monthly rent
roll to flag deceased tenants. PHAs must review the report and follow up
with the listed families immediately and take the necessary corrective
actions outlined in section 8 of this notice.
6. How to Access the Deceased Tenants Report: The Deceased Tenants Report
identifies deceased household members (whose identity has been confirmed
by the Social Security Administration (SSA))* who are included in the
family’s composition (including single member deceased households) as
reported on Section 3 (Family Composition) of the form HUD-50058. The
death information is provided by the SSA. Single member deceased
households are denoted with a red asterisk (*) after the member’s
deceased date (see example one below). If the deceased date is listed as
N/A, this means the date of death is not available (see example two
below).
*The individual’s social security number (SSN), date of birth, and
surname reported on the form HUD-50058 must match SSA’s database.
Deceased information is not displayed for any individual whose EIV
identity verification status is failed (including individuals with a PIC-
generated alternate identification number).
Example 1:
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Example 2:
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Single Member Households. Effective April 19, 2010, EIV’s Deceased
Tenants Report was modified to isolate deceased single member households
in addition to the previous consolidated report which contained deceased
single and multiple member households. This implemented system
modification reduces PHA administrative burden in identifying deceased
single member households.
Follow the following steps to access the Deceased Tenants Report:
1: To access the Deceased Tenant Report, log onto the EIV system at:
https://hudapps.hud.gov/HUD_Systems. If you do not have access to the
EIV system, complete and submit the EIV Access Authorization Form and
Rules of Behavior and User Agreement (form HUD-52676) to the EIV
Coordinator in your local HUD office. For more information, go to:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_h
ousing/programs/ph/rhiip/uivsystem.
2: Once logged into the system, scroll down the left side of the screen
and double click on the Deceased Tenants Report link (located under the
Verification Reports header). Select the program for which you desire
to generate the report for (Public Housing, Section 8 or all PIH
programs). You may also select a specific reexamination month;
however, the system automatically defaults to All (which HUD recommends
that you use). If you are responsible for more than one PHA, be sure
to select the appropriate PHA code in the PHA drop down menu.
3: Double click the Get Report button. The report will then display on
the screen and can easily be downloaded into Excel or printed for your
convenience.
Note: WARNING: This report contains full social security numbers of
tenants. You must ensure that this report is adequately safeguarded
to prevent improper disclosure of personally identifiable
information (PII) as provided in PIH Notice 2010-15, U.S. Department
of Housing and Urban Development (HUD) Privacy Protection
Guidance for Third Parties.
Report Selection Criteria for Deceased Tenants Report
Program Type: The default selection is All PIH Program. However, the
user may select: All PIH Programs, Section 8, or Public Housing
Household Type: The default selection is All Households. However, the
user may select: All Households, Single Member Households, or Multiple
Member Households.
Reexamination Month: The default selection is All. However, the user
may select a specific month.
PHA: The default selection is your PHA. If you have multiple PHAs
assigned to your user ID, be certain to select the applicable PHA for
which you wish to generate the report.
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Sample Deceased Tenants Report
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7. Administrative Actions Required by PHAs: When the Deceased Tenants
Report identifies an individual as being deceased, PHAs are required to
take the following actions:
a) Immediately send a letter to the head of household (HOH) or
emergency contact person (if the HOH is deceased and there is no
other adult household member) to confirm the death of the listed
household member.
b) Section 8 Programs only – Notify the owner in writing of the
deceased HOH.
8. Corrective Actions Required by PHAs for Single Member Households:
a) Public Housing Program only: Conduct a home visit to determine if
anyone is residing in the unit. (Optional for Section 8 program)
If there are unauthorized persons (including a live-in aide) in the
unit of a deceased single member household you must pursue judicial
intervention to have them lawfully removed from the unit. You may
be found liable for a wrongful eviction if you change the locks on
the unit to prevent the unauthorized occupants from entering the
unit. Follow your local Tenant and Landlord laws to regain
possession of the unit.
b) Section 8 Programs only: For deceased single member households or
a household where the remaining household member is a live-in aide,
PHAs are required to discontinue HAP to the owner no later than the
first of the following month after the month in which the death
occurred. See Section 15 of this notice for determining amount of
owner housing assistance overpayments.
Note: PHAs are required to immediately terminate program assistance for
deceased single member households which will result in termination
of the HAP contract and HAP to the owner in accordance with the
aforementioned provisions. The owner is entitled to receive the
full HAP amount for the month in which the death occurred.
The owner is not entitled to HAP for any month following the
month in which the death occurred, with the exception of the Project-
Based Voucher (PBV) program in accordance with 24 CFR 983.352(b).
9. Project-Based Voucher (PBV) Vacancy Payments in Accordance with 24 CFR
983.352: For deceased single member households or a household where the
remaining household member is a live-in aide, in accordance with the
aforementioned regulatory provision, the owner of a unit subsidized under
the PBV program is eligible to receive vacancy payments as outlined
below:
a. Payment for move-out month: if an assisted family moves out of
the unit, the owner may keep the HAP payable for the calendar
month in which the death of the HOH occurred.
b. At the discretion of the PHA and in accordance with the PHA’s
written policy, the HAP contract may provide for vacancy
payments to the owner for a PHA-determined period of vacancy
extending from the beginning of the first calendar month after
the death of the HOH for a period not to exceed two (2) full
months following the month in which the death occurred.
c. The vacancy payment to the owner for each month of the maximum
two-month period is determined by the PHA, and cannot exceed the
monthly rent to owner under the assisted lease, minus any
portion of the rental payments received by the owner (including
amounts available from the tenant’s security deposit). Any
vacancy payment may cover only the period the unit remains
vacant.
d. The PHA may make vacancy payments to the owner only if:
1. The owner submits a request for vacancy payments in the
form and manner required by the PHA;
2. The owners gives the PHA prompt written notice certifying
that to the best of the owner’s knowledge and belief, the
HOH is deceased and the date of death;
3. The owner certifies that the vacancy is not the fault of
the owner and that the unit was vacant during the period
for which payment is claimed;
4. The owner certifies that it has taken every reasonable
action to minimize the likelihood and length of vacancy;
and
5. The owner provides any additional information required and
requested by the PHA to verify that the owner is entitled
to the vacancy payment and to determine the amount of any
vacancy payment.
10. What to do when the remaining household member is a live-in aide: When
the HOH dies and the only remaining household member is the live-in aide,
the live-in aide is not entitled or eligible for any rental assistance or
continued occupancy in a subsidized unit. By definition, the live-in
aide would not be living in the subsidized unit except to provide the
necessary supportive services on behalf of the elderly or disabled HOH.
The PHA may not designate the live-in aide as the new HOH or change the
relation code (line item 3h on the form HUD-50058) of the live-in aide to
make him or her an eligible household member (eligible for assistance)
nor pay HAP on behalf of the live-in aide for any month after the month
in which the HOH died.
11. What to do if the HOH is deceased and the remaining household members
are minors: PHAs should have an established policy for dealing with
situations when the HOH dies during tenancy and the remaining household
members are minors. A common practice of PHAs includes (but is not
limited to) allowing a temporary adult guardian to reside in the unit
until a court-appointed guardian is established.
In accordance with its screening policies, the PHA may add the new
guardian as the new HOH. PHAs are encouraged to work with the local
Department of Social Services to ensure that the best interests of the
children are addressed.
12. What to do if an identified household member is incorrectly reported to
be deceased: There are very few instances when an error has been made in
the SSA’s Death Match File (DMF), where an individual is reported as
deceased, but actually living. In the event that a household member is
misidentified as deceased on the Deceased Tenants Report, PHAs should
immediately notify the individual in writing and advise the individual to
contact SSA so that SSA may correct its records. The individual may
contact SSA at (800) 772-1213, or visit his/her local SSA office for
assistance. Speech and/or hearing impaired individuals may call SSA’s
toll-free telephone typewriter (TTY) number (800) 325-0778.
The PHA should also provide the individual with his/her section of the
EIV Income Report, which shows the death information. PHAs are
authorized to provide EIV information only to the individual the
information pertains to. The PHA may provide the minor’s information to
the minor’s adult parent or guardian.
Last, PHAs are required to make a note in the tenant file that the
individual has been identified as deceased; however, the PHA has
confirmed that the individual is actually alive.
Note: Only SSA can correct erroneous death information.
13. Time frame for removal of individual from the Deceased Tenants Report:
The individuals that appear on the Deceased Tenants Report are based on
current information reported on the form HUD-50058. The Deceased Tenants
Report is updated every weekend. A deceased individual will be removed
from the report when:
a. The PHA transmits an updated form HUD-50058, that does not contain
the previously identified deceased household member in Section 3
(Family Composition) of the form HUD-50058; or
b. HUD obtains the updated and corrected information from SSA’s DMF.
Example 1: Mr. Jones was listed on the Deceased Tenants Report
dated December 3, 2011, with a deceased date of November 20,
2010.
On December 12, 2011, the PHA confirmed that Mr. Jones was
actually alive and advised Mr. Jones to visit his local SSA
office to have the error corrected. SSA corrected the DMF on
December 29, 2011. When HUD conducted computer matching with
SSA on January 10, 2012, HUD obtained new SSA data which
indicated that Mr. Jones was not deceased. The Deceased Tenants
Report was updated on the weekend of January 14, 2012. When the
PHA accessed the Deceased Tenants Report on January 16, 2012,
Mr. Jones was no longer on the report.
Example 2: Mr. Williams was listed on the Deceased Tenants
Report dated December 17, 2011, with a deceased date of June 10,
2009. On January 6, 2012, the PHA confirmed that Mr. Williams
was deceased. The PHA then completed and submitted an end of
participation (EOP) form HUD-50058 on January 9, 2012. The
Deceased Tenants Report was updated on the weekend of January
14, 2012. When the PHA accessed the Deceased Tenants Report on
January 16, 2012, Mr. Williams was no longer on the report.
Type of Action and Effective Date to Record on Form HUD-50058: Below
prescribes the applicable type of action and effective date the PHA is
required to record on form HUD-50058 to report changes of family
composition and income. PHAs are required to successfully submit an
updated form HUD-50058 to PIC no later than 60 calendar days from the
effective date of the action recorded on line 2b of the form HUD-50058 or
no later than 60 days from the date EIV received the death information,
whichever is sooner.
a. Deceased Single Member Households. Once the PHA has confirmed the
death of the HOH of a single member household or a household where
the surviving household member is the live-in aide, the PHA is
required to complete and successfully submit a form HUD-50058 with
the following:
Line 2a – Type of Action = 6 (End of Participation)
Line 2b – Effective Date of Action = Date of Death from Deceased
Tenants Report,
or as noted below. (If date is listed as “N/A”, enter the date of
death as confirmed by
Obituary, Death Record, or other information obtained or as noted
below.)
Section 8 programs: PHAs may list the EOP date as the last day of
the
month in which the death occurred. The landlord is entitled to
receive the full HAP amount for the month in which the tenant death
occurred.
Public Housing program: PHAs are required to list the EOP date as
of the date on
which the family or designee of the deceased tenant’s estate
returned the keys and
signed a vacate notice; or the date the public housing lease was
terminated; or the
date the PHA legally regained possession of the unit, whichever
occurs first.
b. Public Housing Deceased Single Member Households with Unauthorized
Occupants in Possession of the Public Housing Unit. In instances
in which there are unauthorized occupants in the public housing
unit after the death of the HOH, the PHA must initiate litigation
to regain possession of the public housing unit.
To remove the deceased HOH from the Deceased Tenants report in
which there is pending litigation to regain possession of the
public housing unit, the PHA is required to compete and
successfully submit an updated form HUD-50058 to PIC as outlined
in below authorized workaround and provide HUD with the below noted
documentation
Authorized Workaround:
1. The PHA will submit the following information to HUD
Headquarters (HHQ) and a copy to the local HUD field office:
a. PHA Certification signed and dated by the Executive
Director or designated official on the PHAs letterhead,
which states the following:
• I certify under the penalties of perjury that the
attached list of head of household names are
deceased, however, the Housing Authority has
initiated litigation, which is currently pending, and
has prevented the PHA from regaining possession of
the public housing unit. I agree to submit an
updated form HUD-50058 to PIC, in accordance with HUD
guidance, once the PHA has regained possession of the
public housing unit or the court has issued a final
order.
• I understand that HUD may request copies of court
proceedings filed with the court and agree to furnish
such documents and any other documents associated
with the pending litigation upon written request of a
HUD official.
b. A listing of the deceased HOHs in which there is pending
litigation, the type of pending litigation (i.e. breach of
lease, tenant holding over action, etc.) the date the
litigation began and court –assigned case number.
• PHAs must download the current EIV Deceased Tenants
report into Excel (prior to implementing action item
3 below) to create the listing of deceased HOHs,
however, the PHA must delete all tenant social
security numbers before sending the file to HUD.
• Add the following columns to the report and provide
the applicable information:
➢ Date Litigation Initiated
➢ Court-Assigned Case Number
➢ Type of Litigation
2. Submissions must be emailed to PIH.RHIIP.TA@HUD.GOV, with a copy
to the local HUD office within 60 calendar days of the date the
PHA initiated litigation.
3. The PHA will successfully submit an action type 3 (interim
reexamination) form HUD-50058 to PIC in which the deceased HOH
is removed from family composition and the current HOH
information is listed as:
a. 3b, last name: Litigation
b. 3c, first name: Pending
c. 3d, middle initial: leave blank
d. 3e, date of birth: list same as initial HOH
e. 3g, Sex:, list same as initial HOH
f. 3i, citizenship: list same as initial HOH
g. 3j, disability: list same as initial HOH
h. 3k, race: list same as initial HOH
i. 3m, ethnicity: list same as initial HOH
j. 3n, social security number: create alternate ID using PIC
Tenant ID Management tool
k. 3p, Alien registration Number: leave blank
l. 3w, former HOH SSN: list SSN of deceased HOH
c. Multiple Household Members with Deceased Head of Household –
Surviving Adult Household Member. Once the PHA has confirmed the
death of the HOH, the PHA is required to complete and submit a form
HUD-50058 with the following:
Line 2a – Type of Action = 3 (Interim Reexamination)
Line 2b – Effective Date of Action = Date of Death from Deceased
Tenants Report (if date is listed as “N/A”, enter the date of death
as confirmed by Obituary, Death Record, or other information
obtained.) or other date in accordance with PHA interim reexam
policy.
Line 3a (Member 01) - delete the deceased HOH’s information and
enter the information of the adult household member who has been
designated HOH.
Line 3a – delete the information of the other adult household
member, whose information you entered on Line 3a (Member 01)
Line 3w – enter the Social Security Number (SSN) of the former
(deceased) HOH.
d. Multiple Household Members with Deceased Head of Household – with
Surviving Minor Household Members. Once the PHA has confirmed the
death of the HOH, the PHA is required to complete and submit a form
HUD-50058 with the following:
Line 2a – Type of Action = 3 (Interim Reexamination)
Line 2b – Effective Date of Action = Date of Death from Deceased
Tenants Report (if date is listed as “N/A”, enter the date of death
as confirmed by Obituary, Death Record, or other information
obtained.) or other date in accordance with PHA interim reexam
policy.
Line 3a (Member 01) - delete the deceased HOH’s information and
enter the adult household member’s information of the temporary or
permanent guardian.
Line 3w – enter the Social Security Number (SSN) of the former
(deceased) HOH.
e. Other Household Changes. If, in scenario B or C above, there is
also a change in family income and composition resulting in a
change in the family’s total family share and/or unit size, the
effective date on line 2b should be the effective date of the new
total family share in accordance with PHA-established policies.
14. Removal of Personal Belongings from Public Housing Unit (Applicable to
the Public Housing program only): Upon notification of the death, either
by HUD’s EIV system or a third party, the family or designee of the
deceased tenant’s estate should be allotted a minimum of fourteen (14)
consecutive days to remove personal belongings from the unit in
accordance with the guidance below. This guidance is designed to afford
families a reasonable time frame to remove personal belongings from the
public housing unit and enable the PHA to prepare the unit, as quickly as
possible, for occupancy by the next eligible family in need of affordable
housing.
While there is no HUD requirement for the time frame allotted to the
family or designee of the deceased tenant’s estate, HUD recommends an
allotted time frame of fourteen (14) consecutive days, beginning the day
after the date of notification, for the family or designee of the
descendant’s estate to remove personal belongings from the public housing
unit unless:
1. There is a state or local law which requires a shorter or longer
time frame to remove personal belongings. In those instances,
the PHA must comply with local and/or state law; or
2. The rent has been paid for the month in which the death occurs,
in advance of the date of death. In those instances, the family
or designee of the deceased tenant’s estate should be allotted
time through the end of the month in which the rent has been
paid, or fourteen consecutive days from the date the PHA is
notified of the death, whichever is greater.
a. Example 1: As of August 1, 2011, Joe Jones has paid rent
through August 31, 2011. Mr. Jones died on August 22,
2011, and the PHA is notified of the death by Mr. Jones’
sister on August 23, 2011. The family or designee of the
deceased tenant’s estate has until
September 6, 2011, to remove personal belongings from the
unit, unless state or local landlord laws authorize a
shorter or longer time period.
b. Example 2: As of August 1, 2011, Mary Smith has paid
rent through September 30, 2011. Ms. Smith died on
August 22, 2011, and the PHA is notified of the death by
a 3rd party on August 24, 2011. The family or designee
of the deceased tenant’s estate has until September 30,
2011, to remove personal belongings from the unit, unless
state or local landlord laws authorize a shorter or
longer time period.
c. Example 3: As of August 1, 2011, John Doe has not paid
rent for August 2011. Mr. Doe died on August 10, 2011,
and the PHA is notified of the death by Mr. Doe’s friend
on August 12, 2011. The family or designee of the
deceased tenant’s estate has until August 26, 2011, to
remove personal belongings from the unit, unless state or
local landlord laws authorize a shorter or longer time
period.
PHAs are reminded to comply with local and state established tenant-
landlord laws with respect to lease termination, possession of premises
upon death and removal of personal belongings from the public housing
unit.
15. Retroactive Repayment of HAP by Owners: If an owner receives HAP for
any month in which the owner is ineligible to receive HAP because of a
deceased tenant, the PHA must immediately notify the owner in writing of
the ineligible HAP and require the owner to repay the overpayment to the
PHA within 30 days. If the owner does not comply, the PHA may deduct the
amount due to the PHA from any amounts due to the owner under any other
HAP contract. If there is no other HAP contract with the owner, the PHA
may seek and obtain additional relief by judicial order or action in
accordance with state and local laws.
Example: The Deceased Tenants Report dated December 17, 2011, indicates
that Mr. Robert died on March 9, 2011. The landlord/owner is not
eligible for HAP in any month following March 2011. The PHA erroneously
paid the landlord/owner HAP of $500 each month during the period of April
2011 through December 2011. The landlord/owner must repay the PHA $4,500
($500 X 9 months).
In instances where a deceased single member household has been deceased
for a period greater than one (1) month and the owner received HAP, the
PHA may determine that the owner has breached the HAP contract. As such,
the PHA may exercise any of its rights and remedies under the HAP
contract, or any other available rights and remedies for such breach.
The PHA must notify the owner of such determination, including a brief
statement of the reasons for the determination. The notice by the PHA to
the owner may require the owner to take corrective action, as verified or
determined by the PHA, by a deadline prescribed in the notice.
The PHA’s rights and remedies for owner breach of the HAP contract may
include recovery of overpayments, suspension of HAP, abatement or other
reduction of HAP, termination of HAP, and termination of all HAP
contracts. The PHA may seek and obtain additional relief by judicial
order or action, including specific performance, other injunctive relief
or order for damages.
16. HUD Recognition of PHAs’ Compliance with Effective Use of EIV’s
Deceased Tenants Report: HUD may publicly recognize all PHAs with zero
deceased tenants on the report as of December 31st, March 31st, June
30th, and September 30th by publishing the HUD-Designated EIV Stars
online at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_hou
sing/programs/ph/rhiip/uivsystem#stars, and distributing this list to the
subscribers of the PIH.RHIIP.TA mailing list.
17. Penalties for Non-Compliance with Use of EIV’s Deceased Tenants Report:
Section 8 Programs: If the PHA overpaid HAP on behalf of a single
member deceased household and fails to collect the overpayment from the
owner, the PHA is required to reimburse 100 percent of the overpayment
to the HCV HAP account from the Administrative Fee Equity account,
Central Office Cost Center (COCC) account, or other non-Federal funds.
In addition, if such errors impacted any funding baseline
determinations, funding for the affected renewal periods may be
adjusted.
Note: A PHA cannot reimburse prior year HAP costs with current year HAP
funding because the funding carries forward but does not carry
back.
HUD will monitor each PHA’s Deceased Tenants Report on a quarterly basis
and notify affected PHAs of the need to correct deficiencies and provide
HUD with documentation of such corrections. PHAs may be subject to
monetary sanctions for failure to 1) recover or attempt to recover
improper subsidy payments made in error; 2) reimburse the Housing Choice
Voucher (HCV) housing assistance payment (HAP) account for any
unrecovered HAP overpayment; 3) correct noted deficiencies identified on
the Deceased Tenants report in accordance with HUD regulations and/or
administrative guidance; or 4) provide HUD-requested documents in
response to a HUD notice.
If at any time HUD determines that the PHA has not taken the necessary
corrective action(s) within 60 days of the date EIV received the death
information, the PHA may be subject to a withholding of its monthly
administrative fee each month that the number of single deceased
household members is greater than zero.
Public Housing Program: HUD will monitor each PHA’s Deceased Tenants
Report on a quarterly basis. If at any time HUD determines that the PHA
has not taken the necessary corrective action(s) within 60 days of the
date EIV received the information, the PHA may be subject to a monetary
penalty, as determined by the Assistant Secretary, each month that the
number of single deceased household members is greater than zero. HUD may
offset the PHA’s monthly operating subsidy by the amount of the imposed
penalty or require the PHA to pay the amount of the penalty from non-
Federal funds, directly to HUD.
For any imposed penalty, HUD will notify the PHA in writing of such
penalty and afford the PHA a 30-day period to appeal HUD’s decision.
Appeals must be postmarked no later than 30 days from the date of the
penalty notice and sent by certified mail or carrier service (UPS, FEDEX,
DHL, etc.) to:
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Real Estate Assessment Center
Attention: Nicole Faison
451 7th Street, SW, Room PCFL1
Washington, DC 20410
Appeals by fax or email will not be processed. HUD will provide a
written response to your appeal request within 30 days of receiving the
appeal request.
18. EIV System Training: HUD offers free EIV system training via webcast
and You Tube videos which can be viewed by staff at any time at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_hou
sing/programs/ph/rhiip/piheivwebcasts. Past and future training
opportunities, including training materials are available at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_hou
sing/programs/ph/rhiip/training#3. As a condition of initial and
continued EIV system access, all system users are required to view HUD
Headquarters-provided EIV system training and complete annual Federal
Information Systems Security (ISS) Awareness training offered online at:
http://iase.disa.mil/eta/index.html#onlinetraining. Click on the Federal
ISS Awareness (for non-DOD Personnel) icon to begin and complete the
training. This training is not owned by HUD, therefore all inquiries or
assistance with this training, must be obtained by visiting:
http://iase.disa.mil/eta/iaetafaq.html#answer6. Once the individual has
completed the online Federal ISS Awareness training, s/he must print and
retain the certificate of completion, which may be subject to inspection
and/or audit.
EIV system users must self-certify within the EIV system at the log-in
page that the training has been completed. Staff is not required to
possess a Certificate of Completion for EIV training in order to gain or
continue accessing the EIV system, or be certified by the User
Administrator on a semi-annual basis.
19. For inquiries about this notice contact: your local HUD field office
or Nicole Faison of HUD Headquarters’ Office of Public and Indian
Housing: Real Estate Assessment Center at (202) 475-7963, or via email at
PIH.RHIIP.TA@HUD.GOV. Persons with hearing or speech impairments may
access the aforementioned number via TTY by calling the Federal
Information Relay Service at (800) 877-8339.
20. Paperwork Reduction Act: The information collection requirements
contained in this Notice have been approved by the Office of Management
and Budget (OMB under the Paperwork Reduction Act of 1995 (44 U.S.C.
3520) and assigned OMB control number(s) 2577-0083. In accordance with
the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless the
collection displays a currently valid OMB control number.
/s/
Sandra B. Henriquez, Assistant Secretary for
Public and Indian Housing
-----------------------
[pic]
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
PIH Notice 2012-04 establishes procedures that Public Housing Agencies (PHAs) must follow when the EIV system's Deceased Tenants Report identifies a deceased household member. PHAs are required to generate the report at least monthly, take corrective actions such as updating form HUD-50058, and stop housing assistance payments for deceased single-member households no later than the first of the month following the month of death. Owners who received ineligible HAP must repay overpayments within 30 days, and PHAs that fail to comply may face monetary sanctions including withholding of administrative fees or offsets to operating subsidies.
Plain English — not legal advice.
Under PIH Notice 2012-04, Section 8 property owners and landlords are entitled to receive the full HAP amount only for the month in which a tenant's death occurred; payments for subsequent months are considered overpayments that must be repaid to the PHA within 30 days of written notice. Owners participating in the Project-Based Voucher program may be eligible for limited vacancy payments for up to two additional months under 24 CFR 983.352, subject to PHA policy and specific certification requirements. Compliant owners promptly notify the PHA in writing upon learning of a tenant's death and cooperate with any repayment or documentation requests.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
PIH Notice 2012-04 outlines protections relevant to assisted housing participants, including the requirement that PHAs give the family or estate of a deceased public housing tenant at least 14 consecutive days to remove personal belongings from the unit. If a household member is incorrectly flagged as deceased on the EIV report, the PHA is required to notify that individual in writing so they can contact SSA to correct the record. Participants who believe a PHA has not followed the procedures in this notice may contact their local HUD field office or reach out to a tenant-rights organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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