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Admission of program abuse by an adult family member SAHA may determine other actions to be program abuse based upon a preponderance of the evidence, as defined earlier in this chapter. Penalties for Program Abuse In the case of program abuse caused by a family SAHA may, at its discretion, impose any of the following remedies. • SAHA may require the family to repay excess subsidy amounts paid by SAHA, as described earlier in this section. • SAHA may require, as a condition of receiving or continuing assistance, that a culpable family member not reside in the unit. See policies in Chapter 3 (for applicants) and Chapter 12 (for participants). • SAHA may deny or terminate the family's assistance following the policies set forth in Chapter 3 and Chapter 12 respectively. • SAHA may refer the family for state or federal criminal prosecution as described in section 14-II.E. 14-II.C.QWNER-CAUSED ERROR OR PROGRAM ABUSE Owner requirements that are part of the regular process of offering, leasing, and maintaining a unit (e.g., HQS compliance, fair housing) are addressed in the appropriate chapters of this plan. This section focuses on errors and program abuse by owners. An incorrect subsidy determination caused by an owner generally would be the result of an incorrect owner statement about the characteristics of the assisted unit (e.g., the number of bedrooms, which utilities are paid by the family). It also includes accepting duplicate housing assistance payments for the same unit in the same month, or after a family no longer resides in the unit. Owner Reimbursement to SAHA In all cases of overpayment of subsidy caused by the owner, the owner must repay to SAHA any excess subsidy received. SAHA may recover overpaid amounts by withholding housing assistance payments due for subsequent months, or if the debt is large, SAHA may allow the owner to pay in installments over a period of time [HCV GB p. 22-13]. In cases where the owner has received excess subsidy, SAHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B. Prohibited Owner Actions An owner participating in the HCV program must not: • Make any false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.453(a)(3)] including: Any of the following will be considered evidence of owner program abuse: Charging the family rent above or below the amount specified by SAHA iii29iio Page 14-6