9-4-612 (Superseded 11/01/10) - Penalties for fraudulently obtaining or continuing to receive housing assistance benefits.
9-4-612 (Superseded 11/01/10). Penalties for fraudulently obtaining or continuingto receive housing assistance benefits.
(1) No person may knowingly, by misrepresentation, impersonation, or any otherfraudulent means, make any false statement to housing authority personnel or, after beingaccepted as a recipient of housing authority benefits, fail to disclose to housing authoritypersonnel any:
(a) change in household composition;
(b) employment change;
(c) change in marital status;
(d) receipt of any other monetary assistance;
(e) receipt of in-kind gifts; or
(f) any other material fact or change in circumstances which would affect thedetermination of that person's eligibility to receive housing assistance benefits, or would affectthe amount of benefits for which he is eligible.
(2) No person may fail to disclose any of the information described in Subsection (1) forthe purpose of obtaining or continuing to receive funds or other housing assistance benefits towhich he is not entitled, or in an amount larger than that to which he is entitled.
(3) No person who has duties relating to the administration of any housing authorityprogram may fraudulently misappropriate any funds or other assistance with which he has beenentrusted, or of which he has gained possession by virtue of his position.
(4) No person may knowingly:
(a) file or falsify any claim, report, or document required by state or federal law, orprovider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits underthis chapter; or
(b) attempt to commit, or aid or abet the commission of, any act prohibited by thissection.
(5) The punishment for violation of any provision of this section by a housing assistancerecipient is determined by the cumulative value of the funds or other benefits he received from allthe frauds he committed, and not by each separate instance of fraud.
(6) The punishment for the offenses of this section are:
(a) a felony of the second degree if the value of the funds or other benefits received,misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
(b) a felony of the third degree if the value of the funds or other benefits received,misappropriated, claimed, or applied for, is equal to or greater than $1,000 but less than $5,000;
(c) a class A misdemeanor if the value of the funds or other benefits received,misappropriated, claimed, or applied for, is equal to or greater than $300 but less than $1,000; or
(d) a class B misdemeanor if the value of the funds or other benefits received,misappropriated, claimed, or applied for, is less than $300.
Amended by Chapter 322, 2007 General Session