[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2946]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Assistant Secretary for Administration
[Docket No. N-94-3713]

 

Privacy Act of 1974; Proposed Amendment to a System of Records

AGENCY: Department of Housing and Urban Development.

ACTION: Notification of a proposed amendment to an existing system of 
records.

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SUMMARY: The Department is giving notice that it intends to amend the 
following Privacy Act system of records: HUD/H-11, Tenant Housing 
Assistance and Contract Verification Data.

EFFECTIVE DATES: This amendment shall become effective without further 
notice in 30 calendar days (March 11, 1994) unless comments are 
received on or before that date which would result in a contrary 
determination.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, room 
10276, Department of Housing and Urban Development, 451 Seventh Street 
SW., Washington, DC 20410. Communications should refer to the above 
docket number and title.
    A copy of each communication submitted will be available for public 
inspection and copying between 7:30 a.m. and 5:30 p.m. weekdays at the 
above address.

FOR FURTHER INFORMATION CONTACT:Jeanette Smith, Privacy Act Officer, 
Telephone Number (202) 708-2374. This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: HUD/H-11 contains a record for each 
individual receiving housing assistance from HUD under one of the 
following programs: Section 8, Public/Indian Housing, Section 236 
(including Section 236 RAP), Rent Supplement, Section 221(d)(3) BMIR. 
Section 811, and Section 202. This amendment is being made to reflect 
the Department's intention to maintain and use records detailing 
contractual agreements entered into between HUD and its respective 
tenants and PHAs/owner/management agents for the aforementioned 
programs. These records will detail the duration and financial terms of 
agreed upon contractual agreements. Additionally, a set of records will 
be maintained detailing a history of all assistance made under the 
lease. Also, this system of records is being amended to change the name 
of the system to better reflect program coverage.
    The system notice is set forth in its entirety below. Previously, 
the system and prefatory statement containing the general routine uses 
applicable to all of the Department's systems of records were published 
in the ``Federal Register Privacy Act Issuances, 1991 Compilation, 
Volume I.''
    A report as required by 5 U.S.C. 552(a) of the Privacy Act, has 
been submitted to the Committee on Government Operations of the House 
of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Office of Management and Budget (OMB) pursuant to 
paragraph 4B of Appendix I to OMB Circular No. A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' revised 
June 25, 1993 (58 FR 36068, July 2, 1993).


    Authority: 5 U.S.C. 88 Stat. 1896; sec. 7(d) Department of 
Housing and Urban Development Act (42 U.S.C. 3535(d)).

    Issued at Washington, DC: February 2, 1994.
Marilynn A. Davis,
Assistant Secretary for Administration.
HUD/H-11
    Tenant Housing Assistance and Contract Verification Data.
    Headquarters and Field Offices. For a listing of Field Offices with 
addresses, see 24 CFR part 16, appendix A. Decentralized portions of 
this data may be maintained by selected contractors with research 
contracts.
    This file contains a record for each individual receiving housing 
assistance from HUD under the following programs: Section 8, Public/
Indian Housing, Section 236 (including Section 236 RAP), Rent 
Supplement, Section 221(d)3 BMIR, Section 811, and Section 202. The 
file will also contain a record for each PHA/owner/management agent who 
receives payments for the assisted housing programs mentioned above.
    The system of records provides data needed to: (1) Determine the 
amount of housing assistance tenants may receive, (2) calculate 
payments due to public housing agencies, owners/management agents, or 
contract administrators, (3) forecast budgets and (4) control funds. 
The system of records also contains manual and automated records 
consisting of: Identification information such as Name; SSNs for all 
individuals six (6) years of age and older; Alien Registration 
Information; address and tenant unit number; financial data such as 
income, adjustments to income; contract rent amount; tenant rent; 
tenant characteristics such as number in family, sex of family member, 
information about the family that would qualify them for certain 
adjustments or for admission to a project limited to a special 
population (e.g., elderly, handicapped or disabled); relationships of 
members of the household to the Head of household (e.g., spouse, 
child); preference(s) applicable to the family at admission; income 
status at admission and race and ethnicity of Head of household; unit 
characteristics such as number of bedrooms; geographic data information 
obtained by PHA or owner from third parties used to verify data 
supplied by the applicant or tenant to determine eligibility or level 
of assistance; information obtained from a state wage information 
collection agency on wages and claim information; information obtained 
through computer matching by HUD or a PHA with Federal and State 
agencies; information on the results of the follow-up phase of owner 
verifications or a computer match of tenant income (i.e., dollar amount 
of overpaid assistance, amount repaid, prosecution, termination of 
assistance, and termination of tenancy); and related correspondence.
    Also included are manual and automated records on all contractual 
agreements, and financial information (i.e., names, addresses, Taxpayer 
Identification Numbers (TINs) or Social Security Numbers (SSNs), 
obligations, payments, contract terms) for public housing agencies, 
and/or owners/management agents.
    United States Housing Act of 1937; as amended, 42 U.S.C. 1437 et 
seq., and the Housing and Community Development Amendments of 1981, 
Public Law 97-35, 95 Stat. 408.
    See routine uses paragraph in prefatory statement. Other routine 
uses include:
    1. Federal, State, and local agencies (e.g., State agencies 
administering the State's unemployment compensation laws, State Welfare 
and food stamp agencies, U.S. Office of Personnel Management, U.S. 
Postal Service, U.S. Department of Defense, and U.S. Social Security 
Administration)--to verify the accuracy and completeness of the data 
provided, to verify eligibility or continued eligibility in HUD's 
rental assistance programs, and to aid in the identification of tenant 
errors, fraud and abuse in assisted housing programs through the 
Department's tenant income computer matching program;
    2. Individuals under contract to HUD or under contract to another 
agency with funds provided by HUD--for the performance of research and 
statistical activities directly related to the management of HUD's 
rental assistance programs, to support quality control for tenant 
eligibility efforts requiring a random sampling of tenant files to 
determine the extent of administrative errors in making rent 
calculations, eligibility determinations, etc., and for processing 
certifications/ recertifications.
    3. Public Housing Authorities, (PHAs)--to verify the accuracy and 
completeness of tenant data used in determining eligibility and 
continued eligibility and the amount of housing assistance received;
    4. Private Owners of assisted housing--to verify the accuracy and 
completeness of applicant and tenant data used in determining 
eligibility and continued eligibility and the amount of assistance 
received.
    5. Private owners of assisted housing--to verify the accuracy and 
completeness of applicant and tenant data used in determining 
eligibility and continued eligibility and the amount of assistance 
received.
    6. To PHAs, owners/management agents and contract administrators--
to identify and resolve discrepancies in tenant data;
    7. To the Internal Revenue Service--to report income using IRS Form 
1099; and,
    8. Social Security Administration and Immigration and 
Naturalization Service--to verify alien status and continued 
eligibility in HUD's rental assistance programs.
    Paper records in file folder; magnetic tape/disk.
    Name of tenant and all household members, address, SSN, or other 
identification number. Name of owners/management agents by name, SSN or 
TIN.
    File folders, automated records kept in a secured area. Access 
restricted to authorized individuals.
    Obsolete records are destroyed or sent to a storage facility in 
accordance with HUD Handbook 2235.6, Records Disposition Management; 
HUD Records Schedules.
    For Section 8, Section 236 (including Section 236 RAP), Rent 
Supplement, Section 221(d)3 BMIR, Section 811, and Section 202--Office 
of the Assistant Secretary for Housing: Director, Housing Information 
and Statistics Division, Office of Management; Director, Planning and 
Procedures Division, Office of Multifamily Housing Management, Deputy 
Assistant Secretary for Multifamily Housing Programs; Department of 
Housing and Urban Development, 451 7th Street, SW., Washington, DC 
20410.
    For Public and Indian Housing and Section 8 existing and Mod Rehab 
Programs--Office of Assistant Secretary for Public and Indian Housing: 
Office of Public Housing, Chief, Occupancy Branch, Department of 
Housing and Urban Development, 451 7th Street, SW., Washington, DC 
20410.
    For Computer Matching Activities--Director, Computer Matching 
Activities Division, Office of Public and Indian Housing Comptroller, 
U.S. Department of Housing and Urban Development, 451 7th Street, SW., 
Washington, DC 20410.
    For information assistance, or inquiry about the existence of 
records, contact the Privacy Act Officer at the appropriate location, 
in accordance with 24 CFR part 16. A list of all locations is given in 
appendix A.
    The Department's rules for providing access to records to the 
individual concerned appear in 24 CFR part 16. If additional 
information or assistance is required, contact the Privacy Act Officer 
at the appropriate location. A list of all locations is given in 
appendix A.
    The Department's rule for contesting the contents of records and 
appealing initial denials by the individual concerned appear in 24 CFR 
part 16. If additional information or assistance is needed in relation 
to contesting the contents of records, it may be obtained by contacting 
the Privacy Act Officer at the appropriate location. A list of all 
locations is given in appendix A. If additional information or 
assistance is needed in relation to appeals of initial denials, it may 
be obtained by contacting the HUD Departmental Privacy Appeals Officer, 
Office of General Counsel, Department of Housing and Urban Development, 
451 7th Street, SW., Washington, DC 20410.
    Subject individuals, other individuals and organizations, Federal, 
State, and local agencies. PHA staff/private owners/management agents.

[FR Doc. 94-2946 Filed 2-8-94; 8:45 am]
BILLING CODE 4210-01-M