MISCELLANEOUS HOUSING ASSISTANCE PROVISIONS

MISCELLANEOUS HOUSING ASSISTANCE PROVISIONS Sec. 326. * * * * * * * * * * (d) [42 U.S.C. 1437f note] Rental Assistance Fraud Recoveries.— (1) Authority to retain recovered amounts.—The Secretary of Housing and Urban Development shall permit public housing agencies administering the housing assistance payments program under section 8 of the United States Housing Act of 1937 to retain, out of amounts obtained by the agencies from tenants that are due as a result of fraud and abuse, an amount (determined in accordance with regulations issued by the Secretary) equal to the greater of— (A) 50 percent of the amount actually collected, or (B) the actual, reasonable, and necessary expenses related to the collection, including costs of investigation, legal fees, and collection agency fees. (2) Use.—Amounts retained by an agency shall be made available for use in support of the affected program or project, in accordance with regulations issued by the Secretary. Where the Secretary is the principal party initiating or sustaining an action to recover amounts from families or owners, the provisions of this section shall not apply. (3) Recovery.—Amounts may be recovered under this paragraph— (A) by an agency through a lawsuit (including settlement of the lawsuit) brought by the agency or through court-ordered restitution pursuant to a criminal proceeding resulting from an agency's investigation where the agency seeks prosecution of a family or where an agency seeks prosecution of an owner; or (B) through administrative repayment agreements with a family or owner entered into as a result of an administrative grievance procedure conducted by an impartial decisionmaker in accordance with section 6(k) of the United States Housing Act of 1937. * * * * * * *