Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-01-05 - Housing Choice Voucher Program
Section 0770-01-05-.18 - VERIFICATION PROCESS (24 C.F.R. 982.516)

Universal Citation: TN Comp Rules and Regs 0770-01-05-.18

Current through December 26, 2024

(1) General Information. The THDA must verify all information that is used to establish eligibility and the level of assistance. The THDA is also required to obtain the consent of each adult household member to collect this information. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. The THDA will not pass on the cost of verification to the household. Once consent is secured, the verification of eligibility factors, included income sources, asset sources, and deductions and allowances is gathered. Verification policies, rules, and procedures will be modified as needed to accommodate persons with disabilities in accordance with the THDA's reasonable accommodation policy. For more information see the section on Disability, 0770-01-05-.30.

(2) Verification Process.

(a) Consent to Release Information.
1. The household must supply any information that the THDA or HUD determines is necessary to the administration of the program and must consent to the THDA's verification of that information (24 C.F.R. 982.551).

2. Forms.
(i) HUD-9886, Authorization for Release of Information. At initial eligibility determination and at any recertification or relocation, all adult household members are required to sign this form. The purpose of this form is to facilitate automated data collection and computer matching from specific sources, such as employers. This form provides household consent only for the specific purposes specified. HUD and the THDA may collect information from State Wage Information Collection Agencies (SWICAs), other wage matching systems, and current and former employers of adult household members. Only HUD is authorized to collect information directly from other federal agencies.

(ii) The THDA Authorization for Release of Information. This form must also be signed by every adult household member at initial eligibility determination and at any recertification or relocation. This form allows the THDA to collect information from sources not included on the HUD-9886, such as child care providers, medical professionals and educational institutions.

(iii) Once signed, both release forms are considered active for fifteen (15) months.

(iv) Adult household members may be asked to sign additional and specific consent forms as needed to collect information relevant to the household's eligibility and level of assistance.

3. Penalties for Failing to Consent (24 C.F.R. 5.232). If any household member who is required to sign a consent form fails to do so, the THDA will deny admission to applicants and terminate assistance of participants for failure to cooperate with the verification process. The household may request an informal review in accordance with the THDA procedures.

(b) Personal Declaration. Once consent is secured, verification of eligibility factors, including income source(s), asset source(s), and deduction/allowances is gathered. The THDA requires the head of household to complete and all adult household members must sign the Personal Declaration form in their own handwriting verifying eligibility information at the time of application and when any changes in household income or composition take place (recertification). The Personal Declaration form completed by the family is used to guide the verification process and determine sources of income, assets, deduction/allowance qualification and eligibility factors.
1. The head of household must discuss the questions with other adult household members as the form is completed to ensure that true and complete information for every household member is included.

2. The Personal Declaration includes a household expense section. The section is included as an anti-fraud measure. The THDA is required to compare current, paid expenses to reported income. If a discrepancy is noted where current, paid expenses are higher than reported income, the family must provide information on additional income sources available to pay expenses.

3. The Personal Declaration is placed in the tenant file and will be used to assist in the completion of the Form 50058.

(c) HUD's Verification Hierarchy. HUD authorizes the THDA to use five methods to verify household information and specifies the circumstances in which each method will be used. In general, HUD requires the use of the most reliable form of verification that is available and to document the reasons when the THDA uses a lesser form of verification. In order of priority, the forms of verification that may be used are Up-Front Income Verification (UIV) whenever available, Computer-Generated Documents from third-party sources, Third-Party Written Verification, Third-Party Oral Verification, and Self-Certification.
1. Up-Front Income Verification (UIV). UIV refers to the THDA's use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to the THDA.
(i) The THDA restricts access to and safeguards UIV data in accordance with HUD guidance on security procedures, as issued and made available by HUD.

(ii) There may be legitimate differences between the information provided by the household and UIV-generated information. No adverse action can be taken against a participant until the THDA has independently verified the UIV information and the participant has been granted an opportunity to contest any adverse findings through the THDA's informal review/hearing process.

(iii) The THDA currently utilizes the following sources of UIV:
(I) Enterprise Income Verification (EIV) System. HUD maintains this system to collect employment and social security information for Housing Choice Voucher participants. An EIV report must be attempted for every participant during reexaminations. EIV is not available at initial eligibility.
I. Social Security Reports in EIV. Social security information in EIV is updated quarterly, therefore, supplemental information is not necessary unless the tenant disputes the EIV report. If the participant disputes the EIV report, they must provide a current benefit letter from the Social Security Administration (SSA), dated within sixty (60) days of a request by the THDA, to supplement the EIV report information.

II. Employment Reports in EIV. EIV data is updated quarterly, therefore, is not current for employment income. EIV may be used to calculate past income, but may not be used to calculate current income and rent without supplemental documents, preferably computer-generated documents or third-party documentation. If the participant disputes EIV, written third-party verification of the income source disputed must be initiated. Written third-party verification may also be required to supplement EIV, rather than computer-generated documents, if the THDA determines that additional information is necessary to determine income and rent.

III. Acceptable Documents to Supplement EIV Information for Employment Income.
A. The four (4) most recent, consecutive, pay stubs showing employee's gross pay per pay period and frequency of pay. If the participant has been employed for less than four (4) pay periods, they may provide all of the pay stubs they have received, up to the date of the reexamination appointment, in consecutive order;

B. Letter from the employer to confirm effective dates of employment and other pertinent information;

C. Computer-generated payroll report.

D. Computer-generated letter or report from the unemployment office to confirm benefit status and payments; or

E. The most recent four (4) unemployment pay stubs. If the participant has been unemployed for less than four (4) pay periods, they may provide all of the pay stubs they have received up to the date of the reexamination appointment in consecutive order.

(II) ACCENT. The Tennessee Department of Human Services (DHS) maintains a computer database, ACCENT, which includes income, asset and household composition records for families receiving TANF, food stamps and other transitional benefits through Tennessee's Families First program. The THDA has been given permission by DHS to access certain records through ACCENT as a UIV source.

(III) DHS Child Support Payment System. The Tennessee Department of Human Services maintains a web-based Child Support Payment System for child support payments paid through the court system. The system is located at www.tennesseeanytime.org/tcses. The THDA has access to this system when the participant provides a member identification number and/or when any member of the household receives other DHS benefits available for review through the ACCENT system.

(IV) Third-party, private contractors contracted by the THDA to provide income data collected from employers.

(V) The State Wage Information Collection Agency (SWICA). SWICA reports for employment and unemployment records are available to the THDA currently for a charge per household member record. Due to the cost of these records, it is currently financially prohibitive for the THDA to access a SWICA record for each household member. Therefore, the THDA will request SWICA information only during fraud investigations.

(VI) Other web-based systems for document retrieval, such as the State of Tennessee, Comptroller of the Treasury, Real Estate Assessment Data website.

2. Computer-Generated Documents (from third-party sources). The THDA will use certain computer-generated documents as a source of third-party information. The participant may provide the computer-generated documents if the document is an original, or clearly an authentic copy that has not been altered, damaged, or made illegible in any way and the source of the document is clearly identified. Where possible, the THDA staff may also assist the family with printing or requesting verification documents from web resources, such as online statements available from the unemployment provider or benefit letters from the SSA. Computer-generated documents may be used to supplement EIV reports or in some cases to replace third-party written verification.
(i) The following documents are acceptable examples of computer generated documents:
(I) The four (4) most recent, consecutive, pay stubs showing employee's gross pay per pay period and frequency of pay. If the participant has been employed for less than four (4) pay periods, they may provide all of the pay stubs they have received, up to the date of the reexamination appointment, in consecutive order.

(II) Payroll reports from employer.

(III) Unemployment Benefit Letters or web-based printouts of unemployment benefits.

(IV) SSA Benefit Letters.

(V) Childcare provider statements, such as those provided to persons for flexible spending account documentation (for child care deduction).

(VI) Printed statements from medical providers documenting medical appointments or costs (for medical deductions).

(VII) Pharmacy print-outs (for medical deductions).

(VIII) Printed statements from medical insurers, life insurance companies, investment managers (401K or other investment income), and other printed statements.

(IX) Bank statements (for assets).

(ii) At the THDA's sole discretion, a self-certification will be acceptable as the only means of verification if the service charge for a computer-generated document is more than $5. The cost of verification will not be passed on to the applicant or participant.

3. Third-Party Written and Oral Verification. If UIV or appropriate computer-generated documents from a third-party source are not available to verify income, a case note should be made in the participant's file on the Verification Tracking form and third-party verification should be attempted. If EIV information is disputed, the THDA will also initiate third-party verification.
(i) The THDA will make one third-party written and one third-party oral verification attempt before using a tenant self-certification.
(I) Third-Party Written Verification. The THDA may mail, fax, e-mail or hand deliver third-party written verification requests using the THDA forms and will accept third-party responses using any of these methods. The THDA will send a written request for verification to each required source and give the source fourteen (14) calendar days to respond in writing. If a response has not been received by the deadline, the THDA will attempt third-party oral verification.

(II) Third-Party Oral Verification. The THDA will attempt third-party oral verification by placing one call. If there is no return call by the 3rd business day from the last call, then a participant self-certification will be used.

(III) A record of each attempt to contact the third-party source, including no-answer calls and all successful contacts with the source, will be documented in the participant's file on the Verification Tracking form to ensure that all reasonable attempts are made to receive the highest level of verification. For third-party oral verification, the name and title of the person contacted, the date and time of the conversation or attempt, the telephone number used, and any information provided orally will be documented. A THDA staff member will fill out the appropriate verification form with the information provided and will make a note in the file. The staff member may choose to review tenant-provided documents if any question of the information exists.

(ii) If the deadlines for submission are not met, the THDA will use the information from the participant's self-certification, in particular the Personal Declaration, on a provisional basis. If the THDA later receives third-party verification that differs from the amounts used in income and rent determinations and it is past the deadline for processing the reexamination, the THDA will conduct an interim reexamination to adjust the figures used for the reexamination. The household will not be held responsible for late third-party information, but they will be responsible for repaying HAP and UAP due to underreporting.

(iii) The THDA will determine that third-party verification is not available when it is known that an income source does not have the ability to provide written or oral third-party verification.

(iv) The THDA will also determine that third-party verification is not available if the asset or expense involves an insignificant amount, making it not cost-effective or reasonable to obtain third-party verification and when there is a service charge for verifying an asset or expense and the household has original documents or copies of original documents that provide the necessary information.

4. Self-Certification. When information cannot be verified by a UIV source, computer-generated documents from a third-party source, or third-party methods, household members will be required to submit self-certifications attesting to the accuracy of the information they have provided to the THDA, unless the information is clearly certified on the Personal Declaration. The information contained in the Personal Declaration is considered a self-certification. The household may be asked to provide a separate handwritten statement in some cases. The self-certification must be written in the household member's handwriting and signed by the household member whose information or status is being verified.
(i) In a case where the head of household cannot or will not provide the contact information for persons providing regular family support/contributions, a self-certification of the income amount and frequency may be accepted from the head of household.

(ii) The THDA may require a household to certify that a member does not receive a particular type of income or benefit.

(d) Requirements for Acceptable Documents.
1. Any documents used for verification must be made from an original and appear authentic. The documents must not be damaged, altered or illegible in any way.

2. A certification is not considered complete and will not be processed until all required verifications have been received by the THDA. Failure to comply with the certification process may result in termination of assistance.

3. When verifications are received, they must be date stamped on the date of receipt.

4. All verifications, along with the authorizations for release of information, must be placed in the tenant file.

5. When determining eligibility and at initial move-in, documents generally must be dated within sixty (60) calendar days prior to initial issuance of a voucher, if available.

6. Documents provided by the participant or computer-generated documents should be dated within the past sixty (60) calendar days of the request date for the information. However, it is appropriate to accept documents older than sixty days as long as the income calculation includes documents within the past sixty days.

7. Interim and recertification (annual and relocation) verification documents usually must be dated within one hundred twenty (120) calendar days of the recertification date. If a document represents the most recent scheduled report from a source, the THDA will accept documents dated up to six (6) months before the effective date of the household's recertification.

8. For documents that cannot be copied for various reasons (including government checks), the THDA will verify the information, source, date, check number, etc.

9. Any self-certifications must be made in a format acceptable to the THDA. Any information contained in the Personal Declaration is considered to be a self-certification when other verification attempts fail.

10. The verification must be reasonable and acceptable to the THDA. If verification furnished by the applicant or tenant appears to be unreasonable or questionable, the THDA will make every effort to assist the applicant or tenant in providing adequate verification. If the needed verifications continue to be unreasonable or unacceptable, the THDA may not process the change until verification as outlined by the verification hierarchy is obtained, at which time assistance may be denied or terminated.

(e) File Documentation. The THDA must document, in each participant's file, how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the file in sufficient detail to demonstrate that the THDA has followed all of the verification policies set forth in this plan. The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached. Staff will use the Verification Tracking form to document verification attempts when a UIV, computer-generated document or third-party verification is not available. Verification attempts and the barriers to obtaining verifications will be documented on this form.

(3) Verification Documentation Requirements.

(a) Waiting List Preferences Eligibility. Participants who claim a local preference must furnish documentation verifying their eligibility for each individual preference.
1. Involuntary Displacement Due to Natural Disaster Preference. See § 0770-01-05-.06(7)(g) 3.

2. In-State Residency Preference. See § 0770-01-05-.06(7)(g) 4.

3. Elderly or Disabled Families Preference. See § 0770-01-05-.06(7)(g) 5.

(b) Legal Identity/Age. See 0770-01-05-.11(5)(a).

(c) Family Composition. See 0770-01-05-.11(5)(b).

(d) Income Limits. See 0770-01-05-.12 and 0770-01-05-.19.

(e) Provision of Social Security Numbers. See 0770-01-05-.14.

(f) Citizenship. See 0770-01-05-.13.

(g) Student Status. See 0770-01-05-.15.

(h) Debt to Another Public Housing Authority. See 0770-01-05-.16(5).

(i) Drug or Criminal Activity. See 0770-01-05-.16(8).

(j) Eviction from Public Housing. See 0770-01-05-.16(6).

(k) Verification of Existence of a Disability and Disability Accommodations. See 0770-01-05-.30.

(l) Minimum Rent Exception. See 0770-01-05-.21(3)(c).

(m) Violence Against Women Act (VAWA). See 0770-01-05-.30.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Parts 5 and 982.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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