ADMINISTRATIVE PLAN - San Antonio Housing Authority

Jointly Owned AssetsThe regulation at 24 CFR 5.609(a)(4) specifies that annual income includes “amounts derived(during the 12-month period) from assets to which any member of the family has access.”PHA PolicyIf an asset is owned by more than one person and any family member has unrestrictedaccess to the asset, the PHA will count the full value of the asset unless the familypresents evidence that the assets is not effectively owned by the family member. Afamily member has unrestricted access to an asset when he or she can legally dispose ofthe asset without the consent of any of the other owners. An asset is not effectivelyowned by a family member when (1) the asset and any income it earns accrue to thebenefit of someone else who is not a member of the family and (2) that other person isresponsible for income taxes incurred on income generated by the asset.If more than one person, including a family member, owns an asset but the familymember does not have unrestricted access to the asset, the PHA will prorate the assetaccording to the percentage of ownership. If no percentage is specified or provided for bystate or local law, the PHA will prorate the asset evenly among all owners.Assets Disposed Of for Less than Fair Market Value [24 CFR 5.603(b)]HUD regulations require the PHA to count as a current asset any business or family asset thatwas disposed of for less than fair market value during the two years prior to the effective date ofthe examination/reexamination, except as noted below.Minimum ThresholdThe HVC Guidebook permits the PHA to set a threshold below which assets disposed of for lessthan fair market value will not be counted [HCV GB, p. 5-27].PHA PolicyThe PHA will not include the value of assets disposed of for less than fair market valueunless the cumulative fair market value of all assets disposed of during the past two yearsexceeds the gross amount received for the assets by more than $1,000.When the two-year period expires, the income assigned to the disposed asset(s) alsoexpires. If the two-year period ends between annual recertifications, the family mayrequest an interim recertification to eliminate consideration of the asset(s).Assets placed by the family in nonrevocable trusts are considered assets disposed of forless than fair market value except when the assets placed in trust were received throughsettlements or judgments.Separation or DivorceThe regulation also specifies that assets are not considered disposed of for less than fair marketvalue if they are disposed of, as part of a separation or divorce settlement and the applicant ortenant receives important consideration not measurable in dollar terms.PHA PolicyAll assets disposed of as part of a separation or divorce settlement will be consideredassets for which important consideration not measurable in monetary terms has been© Copyright 2008 Nan McKay & Associates, Inc. Page 6-16Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.