C.

Disclosure for Official Purpose

The data in the EIV system contains personal information on individual tenants that is covered by the Privacy Act. The information in the EIV system may only

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Section 4: Security of EIV Data be used for limited official purposes:

1. Official Purpose Includes:

   • a. Owners, in connection with the administration of Multifamily Housing programs, for verifying the employment and income at the time of recertification and for reducing administrative and subsidy payment errors.

   • b. CAs (PBCAs and TCAs) and HUD staff for monitoring and oversight of the access and mandatory use of the EIV system.

   • c. IPAs, when hired by an owner to perform the financial audit of the project, for use in determining the owner’s compliance with verifying income and determining the accuracy of the rent and subsidy calculations.

Restrictions on disclosure requirements for IPAs:

• (1) Can only access EIV income information within hard copy files and only within the offices of the owner or management agent;

• (2) Cannot transmit or transport EIV income information in any form;

• (3) Cannot enter EIV income information on any portable media;

• (4) Must sign non-disclosure oaths (Rules of Behavior for Nonsystem Users) that the EIV income information will be used only for the purpose of the audit; and

• (5) Cannot duplicate EIV income information or re-disclose EIV income information to any user not authorized by Section 435(j)(7) of the Social Security Act to have access to the EIV income data.

NOTE: See the Glossary for the definition of Independent Public Auditor.

• d. OIG investigators for auditing purposes.

• e. Disclosure of EIV information to individuals who are assisting in the recertification process and who are present during the recertification interview and process. (See Section B above)

2. Official Purpose Does NOT Include:

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• a. Sharing the information with governmental entities not involved in the recertification process used for HUD’s assisted housing programs, e.g., the Low Income Housing Tax Credit (LIHTC) program and Rural Housing Services (RHS’) Section 515 program. EIV data must not be shared with state officials monitoring the owner for LIHTC compliance or by owners for completion of the LIHTC Tenant Income Certification (TIC). EIV data also must not be shared with RHS staff for monitoring an owner’s compliance for tenants receiving Section 8 assistance or by owners for certifying tenants who do not receive Section 8 assistance.

Disclosing the EIV information to owners for use under the LIHTC and RHS Section 515 programs is not allowed since neither the Internal Revenue Service (IRS) nor RHS are a party to the computer matching agreements with HHS and SSA. The fact that there is financing through other federal agencies involved in a particular property under one of the authorized HUD programs does not then permit that federal agency to use or view information in the EIV system that is covered by the computer matching agreements. The computer matching agreements are governed by the Privacy Act and the Social Security Act. For example, Sections 453(j)(7)(E)(ii) and (iv) of the Social Security Act limit disclosure of the data matched between HUD and HHS’ NDNH to public housing agencies, the IG, the Attorney General, private owners, management agents and CAs. HHS subsequently approved disclosure of NDNH information to IPAs hired by an owner to conduct the financial audit of their property.

• b. Disclosure of the EIV information to Service Coordinators even though the tenant signs a release of information consent form authorizing the Service Coordinator to have access to their file is not allowed unless the Service Coordinator is present during the interview and assisting the tenant with the recertification process. The statute authorizing the computer matching identifies those parties to whom the information can be disclosed and the statute does not include Service Coordinators.

• D. Penalties for Willful Disclosure or Inspection of EIV Data

  1. Unauthorized Disclosure – felony conviction and fine up to $5,000 or imprisonment up to five (5) years, as well as civil damages.

  2. Unauthorized Inspection – misdemeanor penalty of up to $1,000 and/or one (1) year imprisonment, as well as civil damages.