5-23 Record-Keeping Procedures

• A. Owners must keep the following documents in the tenant’s file at the project site:

  1. All original, signed forms HUD-9887 and HUD-9887-A;

  2. A copy of signed individual consent forms;

  3. *A copy of the EIV Income Report, regardless of whether or not any income is reported for the household, along with the HUD-50059 and any other documentation obtained supporting income and rent determinations; and

  4. Third-party verifications received from third-party sources.*

• B. Owners must maintain documentation of all verification efforts throughout the term of each tenancy and for at least three years after the tenant moves out

• C. The tenant’s file should be available for review by the tenant upon request or by a third party who provides signed authorization for access from the tenant.

*NOTE: The Federal Privacy Act (5 USC 552a, as amended) prohibits the disclosure of an individual’s information to another person without the written

HUD Occupancy Handbook Chapter 5: Determining Income & Calculating Rent

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Section 4: Calculating Tenant Rent consent of such individual. As such, the EIV data of an adult household member may not be shared (or a copy provided or displayed) with another adult household member, unless the individual has provided written consent to disclose such information. See Chapter 9, paragraph 9-18 for more information on disclosing EIV data to another individual or entity.*

• D. Owners must maintain applicant and tenant information in a way to ensure confidentiality. Any applicant or tenant affected by negligent disclosure or improper use of information may bring civil action for damages and seek other relief, as appropriate, against the employee. Forms HUD-9887 and HUD-9887A describe the penalties for the improper use of consent forms.

• E. Owners must dispose of tenant files and records in a manner that will prevent any unauthorized access to personal information, e.g., burn, pulverize, shred, etc.