Document

Privacy Act of 1974; System of Records

Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD), Office of Public and Indian Housing, is issuing a publi...

Department of Housing and Urban Development
  1. [Docket No. FR-7106-N-18]
( printed page 34245)

AGENCY:

Office of Public and Indian Housing, HUD.

ACTION:

Notice of a modified system of records.

SUMMARY:

Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD), Office of Public and Indian Housing, is issuing a public notice of its intent to modify a Privacy Act system of records titled, Enterprise Income Verification (EIV) by: (1) reinstating two routine uses that were previously removed in error and that support the EIV user community; (2) updating the system manager and agency contact; (3) updating Authority for Maintenance of the System, and Record Source Categories and (4) reflecting system updates, including implementation of a new Systematic Alien Verification for Entitlements (SAVE) Report and replacement of the Income Discrepancy Report with the Income Validation Tool (IVT) built on the MicroStrategy platform. These updates are explained in the Supplementary Information section of this notice. EIV is used to verify program participants' and tenants' reported income, identify unreported income sources and/or amounts, and identify substantial annual income discrepancies among households that receive HUD-provided rental assistance through programs administered by HUD's Office of Public and Indian Housing (PIH) and the Office of Housing, Multifamily Housing Programs (MF).

DATES:

Comments will be accepted on or before July 6, 2026. This proposed action will be effective on the date following the end of the comment period unless comments are received which result in a contrary determination.

ADDRESSES:

You may submit comments, identified by docket number or by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions provided on that site to submit comments electronically.

Fax: 202-619-8365.

Email: .

Mail: Attention: Privacy Office; Kimberly Morton, Acting Chief Privacy Officer; Office of The Executive Secretariat; 451 7th Street SW, Room 10139; Washington, DC 20410-0001.

Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided.

Docket: For access to the docket to read background documents or comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Kimberly Morton, Acting Chief Privacy; 451 7th Street SW, Room 10139; Washington, DC 20410-0001; telephone number (804) 822-4801 (this is not a toll-free number). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/​consumers/​guides/​telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION:

EIV is used to verify program participants' and tenants' reported income, identify unreported income sources and/or amounts, and identify substantial annual income discrepancies among households that receive HUD-provided rental assistance through programs administered by PIH and MF. The changes to this SORN include an update to the name of the System Manager and Agency Contact. The Authority for Maintenance of the System was modified to include the Payment Integrity Information Act of 2019 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In addition, EIV is implementing a new SAVE Report that matches data from the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) SAVE Program with HUD resident data so that PHAs can be notified when individuals on their rent rolls require verification or removal, consistent with applicable program requirements. The Categories of Records in the System and the Record Source Categories were modified to include this new information. This notice includes organizational and substantive changes to the Routine Use section. The Routine Uses were reorganized from letters to numbers. This notice reinstates two routine uses (13 and 14) that were previously removed in error. The administrative error involved the removal of routine uses that support the EIV user community, which consists of Public Housing Agencies (PHAs), private owners and management agents (O/As), and Contract Administrators (CAs) under contract with HUD. Routine Use D (now Routine Use 4) was modified to include greater specificity and clarify that disclosures were permitted for eligibility determinations. Routine Use E (now Routine Use 5 and 16) was modified for clarity. Routine Use F was eliminated as duplicative. Routine Use H was reorganized into two parts: Routine Uses 7 and 8. Routine Uses I, K, L, and M were combined into Routine Use 9, which contains HUD's standard law enforcement routine use language. Routine Use J (now Routine Use 10) was edited to contain HUD's standard court disclosure routine use language. This notice also incorporates Routine Use 12, which was added by 91 FR 2137 (January 16, 2026) to support compliance with Executive Order M-25-32, Preventing Improper Payments and Protecting Privacy Through Do Not Pay, which authorizes disclosures to the U.S. Department of the Treasury through the Do Not Pay Working System for the purposes of identifying, preventing, or recouping improper payments. Routine Use 15 was added to facilitate FOIA mediation. Routine Use 16 was added to facilitate the preparation of studies and statistical reports directly related to the management of HUD's rental assistance programs, which had previously been a part of Routine Use E. EIV has also been modified by replacing the Income Discrepancy Report with the IVT built on the MicroStrategy platform. This modification addresses findings and recommendations in OIG Audit No. 2014-FO-0004 related to improper payments and the identification of tenant unreported and/or underreported income during mandatory reexaminations of family composition and income. The IVT reduces false positives previously associated with the Income Discrepancy Report and improves HUD's ability to support rental subsidy determinations and assess improper payments. The IVT enables detailed analysis of income, wage, and Social Security benefit information at the household and individual level.

SYSTEM NAME AND NUMBER:

Enterprise Income Verification (EIV), HUD/PIH-05.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Records are maintained at the NASA Stennis Space Center, John C. Stennis Space Center, MS 39529-0001. ( printed page 34246)

SYSTEM MANAGER(S):

Rick Graham, System Owner, Office of Public and Indian Housing, 550 12th Street SW, First Floor, Washington, DC 20410-10001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 453(j) of the Social Security Act as amended, now codified at 42 U.S.C. 653(j), section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, as amended, now codified at 42 U.S.C. 3544, The Omnibus Budget Reconciliation Act of 1993 (Budget Reconciliation Act) 6103(l)(7) of title 26 of the United States Code (Internal Revenue Code), the Payment Integrity Information Act of 2019, codified at 31 U.S.C. 3351 et seq, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended.

PURPOSE(S) OF THE SYSTEM:

The EIV System is a web-based upfront income verification system that allows authorized Public Housing Agencies, Multifamily Housing Owners/Agents, and Contract Administrators to verify program participants/tenants, reported income, identify unreported income sources and/or amounts and identify substantial annual income discrepancies amongst households that receive HUD provided rental assistance through programs administered by HUD's Office of Public and Indian Housing and Office of Housing's Multifamily Housing Programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Families participating in housing programs administered by HUD's Office of Public and Indian Housing (current and former participants), including Tribally Designated Housing Entities, participating in the public housing program, section 8 HCV program, Disaster Housing Assistance Programs and families currently participating in the Office of Housing, Multifamily Housing Division programs.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records consist of unit address (subsidized property address), family composition (Names, Dates of Birth and Social Security Number (SSNs) of Household Members), financial data such as tenant-reported income to Public Housing Agencies (PHAs), private owners and management agents (O/As), and Contract Administrators (CAs),, and wage, unemployment compensation, Social Security (SS) and Supplemental Security Income (SSI) benefit data obtained from Department of Health and Human Services (HHS) and Social Security Administration (SSA), and immigration and/or United States citizenship status from Department of Homeland Security (DHS)/U.S. Citizenship and Immigration Services (USCIS).

RECORD SOURCE CATEGORIES:

Inventory Management System/Public Housing Information Center (IMS/PIC), Tenant Rental Assistance Certification System (TRACS), SSA, HHS, Department of Treasury, and DHS/USCIS.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

The following disclosures shall be considered a routine use for records maintained in this system except such routine uses shall only apply to records received from other federal agencies to the extent such routine uses are permissible under the agreements, including computer matching agreements, in effect with those federal agencies. (1) To a congressional office from the record of an individual, in response to an inquiry from the congressional office made at the request of that individual. (2) To appropriate Federal, State, and local governments, or persons, pursuant to a showing of compelling circumstances affecting the health or safety or vital interest of an individual or data subject, including assisting such agencies or organizations in preventing the exposure to or transmission of a communicable or quarantinable disease, or to combat other significant public health threats, if upon such disclosure appropriate notice was transmitted to the last known address of such individual to identify the health threat or risk. EIV includes physical addresses, which could be useful to contact individuals during an epidemic, pandemic, or any other public health incident.

(3) To the Department of Homeland Security/Federal Emergency Management Agency (FEMA), the Department of Health and Human Services (HHS), the Social Security Administration (SSA), and the Department of the Treasury, and their respective employees and agents, for the purpose of conducting computer matching programs to verify initial or continued eligibility for HUD rental assistance programs; to identify and recover improper payments under the Payment Integrity Information Act of 2019 (Pub. L. 116-117); and to support the detection and prevention of tenant errors, fraud, and abuse in assisted housing programs, in accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a).

(4) To Federal agencies (including SSA, HHS, DHS/USCIS, and Treasury), non-Federal entities, their employees, and agents (including contractors, their agents or employees; employees or contractors of the agents or designated agents); or contractors, their employees or agents with whom HUD has a contract, service agreement, grant, cooperative agreement, computer matching agreement, or other agreement for the purpose of: (1) Detection, prevention, and recovery of improper payments; (2) detection and prevention of fraud, waste, and abuse in major Federal programs administered by a Federal agency or non-Federal entity; (3) detection of fraud, waste, and abuse by individuals in their operations and programs; or (4) for the purpose of establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefits programs or recouping payments or delinquent debts under such Federal benefits programs. Records under this routine use may be disclosed only to the extent that the information shared is necessary and relevant to verify pre-award and prepayment requirements prior to the release of Federal funds or to prevent and recover improper payments for services rendered under programs of HUD or of those Federal agencies and non-Federal entities to which HUD provides information under this routine use.

(5) To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government when necessary to accomplish an agency function related to this system of records.

(6) To contractors, experts and consultants with whom HUD has a contract, service agreement, or other assignment of the Department, when necessary to utilize relevant data for the purpose of testing new technology and systems designed to enhance program operations and performance.

(7) To appropriate agencies, entities, and persons when (1) HUD suspects or has confirmed that there has been a breach of the system of records, (2) HUD has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, HUD (including its information systems, programs, and operations), the Federal ( printed page 34247) Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the HUD's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(8) To another Federal agency or Federal entity, when HUD determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

(9) To appropriate Federal, State, local, tribal, or governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where HUD determines that the information would assist in the enforcement of civil or criminal laws and when such records, either alone or in conjunction with other information, indicate a violation or potential violation of law.

(10) To a court, magistrate, administrative tribunal, or arbitrator while presenting evidence, including disclosures to opposing counsel or witnesses or jurors during civil discovery, litigation, mediation, or settlement negotiations; or in connection with criminal law proceedings; when HUD determines that use of such records is relevant and necessary to the litigation and when any of the following is a party to the litigation or have an interest in such litigation: (1) HUD, or any component thereof; or (2) any HUD employee in his or her official capacity; or (3) any HUD employee in his or her individual capacity where HUD has agreed to represent the employee; or (4) the United States, or any agency thereof, where HUD determines that litigation is likely to affect HUD or any of its components.

(11) To any component of the Department of Justice or other Federal agency conducting litigation or in proceedings before any court, adjudicative, or administrative body, when HUD determines that the use of such records is relevant and necessary to the litigation and when any of the following is a party to the litigation or have an interest in such litigation: (1) HUD, or any component thereof; or (2) any HUD employee in his or her official capacity; or (3) any HUD employee in his or her individual capacity where the Department of Justice or agency conducting the litigation has agreed to represent the employee; or (4) the United States, or any agency thereof, where HUD determines that litigation is likely to affect HUD or any of its components.

(12) To the U.S. Department of the Treasury when disclosure of the information is relevant to review payment and award eligibility through the Do Not Pay Working System for the purposes of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a state (meaning a state of the United States, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian tribe) in a state-administered, federally funded program.

(13) To PHAs, Owner Agents (O/As), and Contract Administrators (CAs): to verify the accuracy and completeness of tenant data used in determining eligibility and continued eligibility and the amount of housing assistance received.

(14) To PHAs, O/As, and CAs: to disclose information of debt and termination history to verify applicant eligibility and ensure proper payment of assistance under HUD's PIH programs.

(15) To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

(16) To contractors, grantees, experts, consultants, Federal agencies, and non-Federal entities, including, but not limited to, State and local governments and other research institutions or their parties, and entities and their agents with whom HUD has a contract, service agreement, grant, cooperative agreement, or other agreement for the purposes of statistical analysis and research in support of program operations, management, performance monitoring, evaluation, risk management, and policy development, to otherwise support the Department's mission, or for other research and statistical purposes not otherwise prohibited by law or regulation. Records under this routine use may not be used in whole or in part to make decisions that affect the rights, benefits, or privileges of specific individuals. The entity receiving information under this routine use may not further disclose the records in an identifiable form.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records are maintained in paper and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL RECORDS:

Records are retrieved by Name, Date of Birth, and/or SSN.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Records are maintained in accordance with records schedules approved by the National Archives and Records Administration (NARA), DAA-GRS-2016- 0003-0005. These are considered temporary records and as such can be destroyed upon supersession by a revised notice or agreement, or 2 years after matching program ceases operation.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

EIV Physical controls include key cards, security guards and Identification badges. HUD will secure downloaded reports on HUD secure SharePoint site. Public Housing Agencies, Multifamily O/As, and CAs must secure downloaded data to a secure/locked space and/or cabinet. Computer terminals are secured in controlled areas which are locked when unoccupied. Access to automated records is limited to authorized personnel who must use a password to gain access to the system. Administrative controls include methods to ensure only authorized personnel access to PII. Each EIV user must first have access to HUD' Web Access Secure Systems. Each EIV User must be re-certified to use the EIV System every April and October of the calendar year. EIV Technical controls include Encryption of Data at Rest, Firewall, Role-based Access Controls, VPN, Encryption of Data in Transit, User ID and Password, and PIV Card.

RECORD ACCESS PROCEDURES:

Individuals requesting records of themselves should address written inquiries to the Department of Housing Urban and Development, 451 7th Street SW, Washington, DC 20410-0001. For verification, individuals should provide their full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made under 24 CFR 16.4. ( printed page 34248)

CONTESTING RECORD PROCEDURES:

The HUD rule for contesting the content of any record pertaining to the individual by the individual concerned is published in 24 CFR 16.8 or may be obtained from the system manager.

NOTIFICATION PROCEDURES:

Individuals requesting notification of records of themselves should address written inquiries to the Department of Housing Urban Development, 451 7th Street SW, Washington, DC 20410-0001. For verification purposes, individuals should provide their full name, office or organization where assigned, if applicable, and current address and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made under 24 CFR 16.4.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

Docket No. FR-7092-N-42, 89 FR 105066, December 26, 2024, modified by Docket No. FR-7106-N-12, 91 FR 2137, January 16, 2026.

Kimberly Morton,

Acting Chief Privacy Officer, Office of Administration.

[FR Doc. 2026-11295 Filed 6-4-26; 8:45 am]

BILLING CODE 4210-67-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 34245

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Privacy Act of 1974; System of Records,” thefederalregister.org (June 5, 2026), https://thefederalregister.org/documents/2026-11295/privacy-act-of-1974-system-of-records.