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Administrative Plan 7/1/2025 <br /> <br />Page 14-13 <br />14-II.E. CRIMINAL PROSECUTION <br />SAHA Policy <br />When SAHA determines that program abuse by an owner, family, or SAHA staff <br />member has occurred and the amount of overpaid subsidy meets or exceeds the threshold <br />for prosecution under local or state law, SAHA will refer the matter to the appropriate <br />entity for prosecution. When the amount of overpaid assistance meets or exceeds the <br />federal threshold, the case will also be referred to the HUD Office of Inspector General <br />(OIG). <br />Other criminal violations related to the HCV program will be referred to the appropriate <br />local, state, or federal entity. <br />14-II.F . FRAUD AND PROGRAM ABUSE RECOVERIES <br />The PHA may retain a portion of program fraud losses that the PHA recovers from a family or <br />owner through litigation, court order, or a repayment agreement [24 CFR 982.163]. <br />The PHA must be the principal party initiating or sustaining the action to recover amounts due <br />from tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits the PHA to <br />retain the greater of: <br /> 50 percent of the amount it actually collects from a judgment, litigation (including settlement <br />of a lawsuit) or an administrative repayment agreement, or <br /> Reasonable and necessary costs that the PHA incurs related to the collection including costs <br />of investigation, legal fees, and agency collection fees. <br />The family must be afforded the opportunity for an informal hearing in accordance with <br />requirements in 24 CFR 982.555. <br />If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted <br />from the amount retained by the PHA. <br />EXHIBIT 1