Chapter XXVIII: Processing Tenant Repayment Agreements
Section C: Establishing a Tenant Repayment Agreement
When a subsidy repayment is required, the HA should use the following procedure to inform a program applicant/participant of their repayment obligation:
- Send a MSHDA 103/103 EIV to the family for acceptance of the terms and signature. Also include a Applicant Denial/Program Termination Notice (MSHDA 1634b) which identifies three items:
- Reason for and amount of the debt;
- Action(s) the family must take to remain eligible for assistance; and
- Right of family to request an Informal Review/Hearing (or Mediation will be offered to HCV participants with non reported or underreported income via the Notice of Intent to Terminate.)
- If the active applicant/participant signs the MSHDA 103/103 EIV and does not request an Informal Review/Hearing, the family will continue to receive assistance as long as they adhere to the terms and conditions of the executed Repayment Agreement. The HA or tenant sends the original executed Repayment Agreement to MSHDA Office of Housing Voucher Programs Operations Unit for further processing and placement in the tenant file. If the Repayment Agreement was executed due to EIV/fraud, send the original executed Repayment Agreement to MSHDA Fraud Recovery Coordinator for further processing and placement in the tenant file.
- If the active applicant/participant does not sign the MSHDA 103/103 EIV but requests an Informal Review/Hearing/Mediation within the designated deadline, refer to Chapter XXVI, Informal Reviews, Mediations, Informal Hearings.
- If an active participant/applicant does not sign the MSHDA 103/103 EIV nor request an Informal Review/Hearing/Mediation within the designated deadline, proceed with termination of the HCV assistance.
- If an inactive tenant does not sign the MSHDA 103/103 EIV within the designated deadline, the debt is referred to the appropriate MSHDA staff person for Collection.
The Informal Hearing offered to the participant when initially executing a Repayment Agreement does not waive the participant’s right to an informal hearing if they fail to make scheduled payments and their HCV assistance is later terminated.