HUDBlast September 22, 2009

For an archive of HUDBlasts visit RBD online at www.rbdnow.com

EIV Rules of Behavior for People Who Do Not Have Access to EIV but Who Use EIV for Certification

As promised, HUD has posted the EIV Rules of Behavior document.  This document is to be used by individuals who have access to EIV reports but do not have access to the EIV database through Secure Systems.  You can find the EIV Rules of Behavior for People Who Do Not Have Access to EIV but Who Use EIV for Certification on HUDís web site at http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/rulesofbehavior.pdf

Before you start using the form, letís talk about HUDís instruction.  First of all, please be aware of who is allowed to use EIV information.  This information is provided in various documents provided by HUD including the Instructions for Applying for EIV Access for Multifamily Housing Programs at: http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/applyforeivaccess.pdf

The EIV Social Security (SS), Supplemental Security Income (SSI), new hires (W-4), wage, and unemployment compensation information contained in the EIV system may only be used for limited official purposes.

ß  By Contract Administrators (CAs) for monitoring and oversight of the resident recertification process

ß  By the Office of the Inspector General (OIG) for investigative purposes.

ß  By owners/agents (O/As) for verifying the employment and income at the time of certification for residents participating in one of HUDís rental assistance programs listed:

EIV Data may is disclosed to:

  • Private owners
  • Management agents
  • Service Bureaus
  • Contract Administrators
  • HUD staff
  • HUD Office of Inspector General (OIG) for investigative purposes
  • Individual to whom the record pertains

EIV income data may only be used for verification of employment and income at certification.

EIV Users and Coordinators should already be familiar with HUDís Questions and Answers regarding EIV.  For those of you who are not, the EIV Webcast Questions & Answers can be found on HUDís web site at:  http://www.hud.gov/offices/hsg/mfh/rhiip/eiv/eivtraining.cfm.

In regards to the ďRules of BehaviorĒ document, the following questions are of special interest:

20. We have external auditors coming in to look at our files. Is it okay to let the auditors view the files if they have EIV information located in them?

Answer: Yes, Independent Auditors (IAs) hired by O/As to perform a financial audit of a project are authorized to view EIV reports for determining the O/As compliance with verifying income and calculating rent as long as the IA follows all of the following criteria:

  • They will access NDNH information only within hard copy files and only within the offices of the O/A.
  • They will not transmit or transport NDNH information in any form.
  • They will not enter NDNH information on any portable media.
  • They will sign non-disclosure oaths (or similar documentation) that the NDNH information will be used only for the purpose of the audit, and
  • They will not duplicate NDNH information or re-disclose NDNH information to any user not authorized by 435(j)(7) and identified within the CMA.
  • HUD will be providing a non-disclosure oath (Rules of Behavior) on its Multifamily EIV webpage at http://www.hud.gov/offices//hsg/mfh/rhiip/eiv/eivhome.cfm in the near future.

21. Is it permissible for an EIV authorized O/A to run EIV reports, print them, and provide them to staff members at the property? Is it necessary to assign these staff members as EIV users?

Answer: Authorized EIV Coordinators or EIV Users are permitted to run EIV reports, print them out, and provide to staff members at the property who need the reports to perform their job function(s). Staff members who view EIV reports on printouts do not need to be an EIV user. They must, however, be required to sign a Rules of Behavior form that will be available on HUDís Multifamily EIV webpage at http://www.hud.gov/offices//hsg/mfh/rhiip/eiv/eivhome.cfm in the near future.

22. Is it permissible to send EIV data/reports to service bureaus?

Answer: Yes, service bureaus are authorized to have access to the EIV system and also view any printed EIV reports. If they do not have access to the EIV system but will be viewing/using EIV reports, they must sign a Rules of Behavior form that will be available on HUDís Multifamily EIV webpage at http://www.hud.gov/offices//hsg/mfh/rhiip/eiv/eivhome.cfm in the near future.

Owner/agents should download the Rules of Behavior document and have property management staff sign as appropriate.

Upcoming RBD Training

Things are changing fast in the HUD Property Management world!

  • New HUD Handbook 4350.3 Revision 1, Change 3 Ė JUST RELEASED!
  • Rent Refinement Final Rule effective January 31, 2010 Ė NEW EFFECTIVE DATE
  • Changes to the Income Calculation
  • Implementation of the Violence Against Women Act, for Section 8 and 202/8
  • New Social Security Number requirements (all residents, regardless of age)
  • New citizenship verification requirements
  • TRACS Update changing certification submission and vouchers
  • EIV Policies Ė Security and Use Policies
  • Using EIV
  • New EIV Monitoring Guidance

Itís a full time job just to stay on top of current occupancy issues and their impact on day-to-day property management functions. Join Mary Ross for training on new occupancy requirements and how changes will impact your processes and your Management & Occupancy Review. 

Training includes sample forms, notices and policies that can be used to help you develop your own custom documents.

To register for training, visit our web site at www.rbdnow.com of contact our Training Coordinator (Larue Marin) at 770-426-0577 or email her at larue.marin@rbdnow.com.

 

To sign up for the HUDBlast, visit our web site at www.rbdnow.com.  Just enter your email address in the box in the center of the home page.  You can view previously posted HUDBlasts from our web site at http://www.rbdnow.com/hudblasts.htm

 

We also encourage you to sign-up for the Listserv, so you can receive current RHIIP related information from HUD http://www.hud.gov/subscribe/mailinglist.cfm You can view the RHIIP Tips Archives, under "Listserv-Multifamily RHIIP Tips" at http://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm

 

RBD does not act as a legal advisor nor as a regulatory governing agency.  The recipient should understand that any materials or comments contained herein are not designed for, nor should be relied upon as a source of legal guidance or as a final authority with respect to any particular circumstance. Ross Business Development, Inc. makes no warranty of merchantability or fitness for a particular purpose or any other warranty of any type. Owners and management should seek competent legal advice in developing and carrying out policies and procedures.  While we have been diligent in our efforts to provide comprehensive and accurate regulatory information, Ross Business Development, Inc. shall not be responsible for errors or inaccuracies.