OIG Fraud Alert: Bulletin on Charging Excess Rent in the Housing Choice Voucher Program, 39712-39713 [E8-15663]
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Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
must be prepared in accordance with
the applicable cost principles and
guidance as provided by the cognizant
agency or office. A current rate means
the rate covering the applicable
activities and the award budget period.
If the current rate is not on file with the
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recipient until the current rate is
provided to the DGO.
Generally, indirect costs rates for IHS
grantees are negotiated with the
Division of Cost Allocation https://
rates.psc.gov/ and the Department of
Interior, National Business Center at
https://www.nbc.gov/acquisition/ics/
icshome.html Web site. If your
organization has questions regarding the
indirect cost policy, please contact the
DGO at (301) 443–5204.
4. Reporting
A. Progress Report. Program progress
reports are required semi-annually.
These reports will include a brief
comparison of actual accomplishments
to the goals established for the period,
or, if applicable, provide sound
justification for the lack of progress, and
other pertinent information as required.
A final report must be submitted within
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project period.
B. Financial Status Report. Semiannual financial status reports must be
submitted within 30 days of the end of
the half year. Final financial status
reports are due within 90 days of
expiration of the budget/project period.
Standard Form 269 (long form) will be
used for financial reporting.
Grantees are responsible and
accountable for accurate reporting of the
Progress Reports and Financial Status
Reports which are generally due semiannually and the final reports, Financial
Status Report (SF–269) and Program
Progress Report are due 90 days after
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and conditions of the award.
Failure to submit required reports
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actions such as withholding of
payments or converting to the
reimbursement method of payment.
Continued failure to submit required
reports may result in one or both of the
following: (1) The imposition of special
award provisions; and (2) the nonfunding or non-award of other eligible
projects or activities. This applies
whether the delinquency is attributable
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
to the failure of the grantee organization
or the individual responsible for
preparation of the reports.
5. Telecommunication for the hearing
impaired is available at: TTY (301) 443–
6394.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
VII. Agency Contacts
AGENCY:
For program-related information
regarding the community based model
of PHN case management services:
Cheryl Peterson, R.N., Project Official,
Indian Health Service, 801 Thompson
Avenue, Suite 329, Rockville, Maryland
20852, (301) 443–1840,
Cheryl.Peterson@ihs.gov.
For general information regarding this
announcement: Ms. Orie Platero, Office
Clinical and Preventive Services, Indian
Health Service, 801 Thompson Avenue,
Suite 326, Rockville, Maryland 20852,
(301) 443–2522, Fax: (301) 594–6213.
For specific grant-related and
business management information: Ms.
Norma Jean Dunne, Division of Grant
Operations, Indian Health Service, 801
Thompson Avenue, TMP 360–79,
Rockville, Maryland 20852, (301) 443–
5204, Fax: (301) 443–9602.
VIII. Other Information
The Department of Health and Human
Services (HHS) is committed to
achieving the health promotion and
disease prevention objectives of Healthy
People 2010, a HHS-led activity for
setting priority areas. This project will
aid the accomplishment of Healthy
People 2010 Focus Area 1—Access.
Potential applicants may obtain a
printed copy of Healthy People 2010,
(Summary Report No, 017–001–00549–
5) or CD–ROM, Stock No. 017–001–
00549–5, through the Superintendent of
Documents, Government Printing
Office, P.O. Box 371954, Pittsburgh, PA
15250–7945, (202) 512–1800. You may
also access this information at the
following Web site: https://
www.healthypeople.gov/Publications.
The IHS is focusing efforts on three
Health Initiatives that, linked together,
have the potential to achieve positive
improvements in the health of AI/AN
people. These three initiatives are
Health Promotion/Disease Prevention,
Management of Chronic Disease, and
Behavioral Health. Further information
is available at the Health Initiatives Web
site: https://www.ihs.gov/
NonMedicalPrograms/DirInitiatives/
index.cfm.
Dated: June 27, 2008.
Robert G. McSwain,
Director, Indian Health Service.
[FR Doc. E8–15773 Filed 7–9–08; 8:45 am]
BILLING CODE 4165–16–P
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[Docket No. FR–5186–N–28]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
DATES: Effective Date: July 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 7262, Washington,
DC 20410; telephone (202) 708–1234;
TTY number for the hearing- and
speech-impaired (202) 708–2565, (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with the December 12, 1988
court order in National Coalition for the
Homeless v. Veterans Administration,
No. 88–2503–OG (D.D.C.), HUD
publishes a Notice, on a weekly basis,
identifying unutilized, underutilized,
excess and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist
the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.
Dated: July 3, 2008.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. E8–15652 Filed 7–9–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5230–01]
OIG Fraud Alert: Bulletin on Charging
Excess Rent in the Housing Choice
Voucher Program
AGENCY:
Office of the Inspector General,
HUD.
ACTION:
Notice.
This Federal Register notice
provides important information recently
issued by HUD’s Office of the Inspector
General (OIG) on a recurring problem in
the Housing Choice Voucher program.
The problem, which this notice
SUMMARY:
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10JYN1
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
addresses, is landlords submitting false
claims for periodic payments under
housing assistance payment (HAP)
contracts.
FOR FURTHER INFORMATION CONTACT:
Bryan P. Saddler, Counsel to the
Inspector General, Office of Legal
Counsel Office of Inspector General,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 8260, Washington, DC 20410–
4500, telephone (202) 708–1613 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Information
Relay Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Mission of HUD’s OIG
The mission of HUD’s OIG is to
provide policy direction to HUD and to
conduct, supervise, and coordinate
audits, investigations, and other
activities for the purpose of promoting
economy and efficiency in the
administration of the programs and
operations of HUD and preventing and
detecting fraud and abuse in such
programs.
Consistent with this mission, Section
II of this notice presents OIG’s fraud
information bulletin on charging excess
rent in the Housing Choice Voucher
program.
II. Fraud Information Bulletin: Excess
Rent
Purpose
This Bulletin highlights a recurring
problem in the Housing Choice Voucher
(HCV) program. Specifically, this
Bulletin discusses the submission by
landlords of false claims for periodic
payments under Housing Assistance
Payment (HAP) contracts, where such
landlords have violated their continuing
obligations to not charge tenants rents in
excess of what is authorized by the HAP
contracts.
jlentini on PROD1PC65 with NOTICES
The Problem
Improperly requiring tenants to pay
rent in excess of what is authorized by
the applicable HAP contract represents
both an actionable offense under the
False Claims Act and deplorable
behavior directed towards the very
persons whom the HCV program was
designed to serve. (Additionally,
depending on the intent, such an action
may qualify as a criminal offense under
18 U.S.C. 287, 1343, etc.) OIG will not
tolerate such conduct, and rather will
cooperate with efforts to bring offending
landlords to justice and to remedy their
wrongs.
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
Background
HUD administers Federal aid to local
housing agencies (HAs) that is intended
to implement housing assistance
programs for low-income residents.
With respect to the HCV program, HUD
funds HAs via annual contributions
contracts. The HAs, in turn, enter into
HAP contracts with individual
landlords. These HAP contracts provide
for periodic housing assistance
payments on behalf of eligible lowincome tenants. The HAP contracts also
may require eligible tenants to make
supplemental rent payments; however,
the contracts expressly prohibit
landlords from requiring tenants to pay
rent in excess of what is authorized by
the HAP contracts.
Pursuant to qui tam complaints and
citizen complaints filed throughout the
nation and subsequent activities, OIG
has become aware of a number of
landlords who have improperly
required tenants to pay rent in excess of
what is authorized by the HAP
contracts, and thereby submitted or
caused to be submitted false claims for
HAP contract periodic rent payments.
Example
On July 29, 2005, a Connecticut
tenant filed a qui tam complaint, under
31 U.S.C. 3730, against her former
landlord. See Coleman v. Hernandez,
490 F. Supp.2d 278 (D. Conn. 2007).
The tenant complained that pursuant to
a HAP contract the landlord had agreed
to accept $1,550 per month for the
rental of an apartment in Stamford. Of
this $1,550, the tenant was personally
responsible for $20, and HUD via the
HA paid the complementary $1,530. In
spite of the explicit prohibition in the
HAP contract, however, the landlord
required the tenant to pay an
‘‘additional rent payment’’ of $60 on six
separate occasions. In other words, the
landlord inappropriately extracted an
additional $360 from the helpless
tenant.
OIG is aware of numerous similar
examples of this sort of egregious
conduct nationwide.
Penalty
Pursuant to the False Claims Act, 31
U.S.C. 3729 et seq., persons who submit
to HUD or a HUD intermediary claims
that are false, fictitious or fraudulent are
liable for an assessment equal to three
times the amount of the claim, plus a
penalty of between $5,500 and $11,000
per claim. The United States may take
the position that the entire amount of its
HAP payment, not merely the amount of
the excess payment by the tenant, is the
claim that should be trebled where
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39713
landlords make false certifications
concerning excess rent charged.
Additionally, each periodic rent
payment constitutes a separate claim;
thus, in the Coleman case the court
levied a $33,000 (6 × $5,500) penalty
against the landlord for her $360
victimization of the tenant.
Pertinent Information
If you have pertinent information
regarding this bulletin, please contact:
Office of Legal Counsel, Office of the
Inspector General, Department of
Housing and Urban Development, 451
Seventh St., SW., Room 8260,
Washington, DC 20410.
Dated: July 1, 2008.
Kenneth M. Donohue,
Inspector General.
[FR Doc. E8–15663 Filed 7–9–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Fish and Wildlife Service and
Confederated Salish and Kootenai
Tribes Sign Annual Funding
Agreement
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: On June 19, 2008, the U.S.
Fish and Wildlife Service (the Service)
and the Confederated Salish and
Kootenai Tribes (CSKT) (collectively the
Parties) signed an annual funding
agreement (AFA) under the Tribal SelfGovernance Act of 1994. The Tribal
Self-Governance Act provides for the
Secretary of the Interior (the Secretary)
to negotiate and enter into an AFA with
a tribe participating in Self-Governance,
authorizing the tribe to plan, conduct,
consolidate, and administer programs,
services, functions, and activities, or
portions thereof (Activities),
administered by the Secretary, which
are of special geographic, historical, or
cultural significance to that tribe. This
includes such Activities within the
National Wildlife Refuge System
(NWRS).
Under the AFA, the CSKT will
function in partnership with the Service
and will be directly involved with our
management mission at the National
Bison Range Complex (NBRC). CSKT
will perform a variety of Activities at
the NBRC, including operational
responsibility for mission-critical
Activities such as the biology,
maintenance, visitor services, and fire
programs. The NBRC will remain a unit
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Agencies
[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39712-39713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15663]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5230-01]
OIG Fraud Alert: Bulletin on Charging Excess Rent in the Housing
Choice Voucher Program
AGENCY: Office of the Inspector General, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Federal Register notice provides important information
recently issued by HUD's Office of the Inspector General (OIG) on a
recurring problem in the Housing Choice Voucher program. The problem,
which this notice
[[Page 39713]]
addresses, is landlords submitting false claims for periodic payments
under housing assistance payment (HAP) contracts.
FOR FURTHER INFORMATION CONTACT: Bryan P. Saddler, Counsel to the
Inspector General, Office of Legal Counsel Office of Inspector General,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 8260, Washington, DC 20410-4500, telephone (202) 708-1613 (this is
not a toll-free number). Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal
Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Mission of HUD's OIG
The mission of HUD's OIG is to provide policy direction to HUD and
to conduct, supervise, and coordinate audits, investigations, and other
activities for the purpose of promoting economy and efficiency in the
administration of the programs and operations of HUD and preventing and
detecting fraud and abuse in such programs.
Consistent with this mission, Section II of this notice presents
OIG's fraud information bulletin on charging excess rent in the Housing
Choice Voucher program.
II. Fraud Information Bulletin: Excess Rent
Purpose
This Bulletin highlights a recurring problem in the Housing Choice
Voucher (HCV) program. Specifically, this Bulletin discusses the
submission by landlords of false claims for periodic payments under
Housing Assistance Payment (HAP) contracts, where such landlords have
violated their continuing obligations to not charge tenants rents in
excess of what is authorized by the HAP contracts.
The Problem
Improperly requiring tenants to pay rent in excess of what is
authorized by the applicable HAP contract represents both an actionable
offense under the False Claims Act and deplorable behavior directed
towards the very persons whom the HCV program was designed to serve.
(Additionally, depending on the intent, such an action may qualify as a
criminal offense under 18 U.S.C. 287, 1343, etc.) OIG will not tolerate
such conduct, and rather will cooperate with efforts to bring offending
landlords to justice and to remedy their wrongs.
Background
HUD administers Federal aid to local housing agencies (HAs) that is
intended to implement housing assistance programs for low-income
residents. With respect to the HCV program, HUD funds HAs via annual
contributions contracts. The HAs, in turn, enter into HAP contracts
with individual landlords. These HAP contracts provide for periodic
housing assistance payments on behalf of eligible low-income tenants.
The HAP contracts also may require eligible tenants to make
supplemental rent payments; however, the contracts expressly prohibit
landlords from requiring tenants to pay rent in excess of what is
authorized by the HAP contracts.
Pursuant to qui tam complaints and citizen complaints filed
throughout the nation and subsequent activities, OIG has become aware
of a number of landlords who have improperly required tenants to pay
rent in excess of what is authorized by the HAP contracts, and thereby
submitted or caused to be submitted false claims for HAP contract
periodic rent payments.
Example
On July 29, 2005, a Connecticut tenant filed a qui tam complaint,
under 31 U.S.C. 3730, against her former landlord. See Coleman v.
Hernandez, 490 F. Supp.2d 278 (D. Conn. 2007). The tenant complained
that pursuant to a HAP contract the landlord had agreed to accept
$1,550 per month for the rental of an apartment in Stamford. Of this
$1,550, the tenant was personally responsible for $20, and HUD via the
HA paid the complementary $1,530. In spite of the explicit prohibition
in the HAP contract, however, the landlord required the tenant to pay
an ``additional rent payment'' of $60 on six separate occasions. In
other words, the landlord inappropriately extracted an additional $360
from the helpless tenant.
OIG is aware of numerous similar examples of this sort of egregious
conduct nationwide.
Penalty
Pursuant to the False Claims Act, 31 U.S.C. 3729 et seq., persons
who submit to HUD or a HUD intermediary claims that are false,
fictitious or fraudulent are liable for an assessment equal to three
times the amount of the claim, plus a penalty of between $5,500 and
$11,000 per claim. The United States may take the position that the
entire amount of its HAP payment, not merely the amount of the excess
payment by the tenant, is the claim that should be trebled where
landlords make false certifications concerning excess rent charged.
Additionally, each periodic rent payment constitutes a separate claim;
thus, in the Coleman case the court levied a $33,000 (6 x $5,500)
penalty against the landlord for her $360 victimization of the tenant.
Pertinent Information
If you have pertinent information regarding this bulletin, please
contact: Office of Legal Counsel, Office of the Inspector General,
Department of Housing and Urban Development, 451 Seventh St., SW., Room
8260, Washington, DC 20410.
Dated: July 1, 2008.
Kenneth M. Donohue,
Inspector General.
[FR Doc. E8-15663 Filed 7-9-08; 8:45 am]
BILLING CODE 4210-67-P