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Administrative Plan 4/1/2016 Page 14-8 <br />• SAHA may refer the family for state or federal criminal prosecution as described in section <br />14-II.E. <br /> <br />14-II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE <br />Owner requirements that are part of the regular process of offering, leasing, and maintaining a <br />unit (e.g., HQS compliance, fair housing) are addressed in the appropriate chapters of this plan. <br />This section focuses on errors and program abuse by owners. <br />An incorrect subsidy determination caused by an owner generally would be the result of an <br />incorrect owner statement about the characteristics of the assisted unit (e.g., the number of <br />bedrooms, which utilities are paid by the family). It also includes accepting duplicate housing <br />assistance payments for the same unit in the same month, or after a family no longer resides in <br />the unit. <br />Owner Reimbursement to SAHA <br />In all cases of overpayment of subsidy caused by the owner, the owner must repay to SAHA any <br />excess subsidy received. SAHA may recover overpaid amounts by withholding housing <br />assistance payments due for subsequent months, or if the debt is large, SAHA may allow the <br />owner to pay in installments over a period of time [HCV GB p. 22-13]. <br />SAHA Policy <br />In cases where the owner has received excess subsidy, SAHA will require the owner to <br />repay the amount owed in accordance with the policies in Section 16-IV.B. <br />Prohibited Owner Actions <br />An owner participating in the HCV program must not: <br />• Make any false statement to SAHA [Title 18 U.S.C. Section 1001]. <br />• Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal <br />housing program [24 CFR 982.453(a)(3)] including: <br />SAHA Policy <br />Any of the following will be considered evidence of owner program abuse: <br />o Charging the family rent above or below the amount specified by SAHA <br />o Charging a security deposit other than that specified in the family’s lease <br />o Charging the family for services that are provided to unassisted tenants at no extra <br />charge <br />o Knowingly accepting housing assistance payments for any month(s) after the <br />family has vacated the unit <br />o Knowingly accepting incorrect or excess housing assistance payments <br />o Offering bribes or illegal gratuities to SAHA Board of Commissioners, <br />employees, contractors, or other SAHA representatives <br />3-320