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CFR › Title 24 › Chapter IX › Part 1000 › Subpart F › Section 1000.538

24 CFR 1000.538 - What remedies are available for substantial noncompliance?

There is 1 rule appearing in the Federal Register for 24 CFR 1000. Select the tab below to view, or View eCFR (GPOAccess)
§ 1000.538
What remedies are available for substantial noncompliance?
(a) If HUD finds after reasonable notice and opportunity for hearing that a recipient has failed to comply substantially with any provisions of NAHASDA, HUD shall:
(1) Terminate payments under NAHASDA to the recipient;
(2) Reduce payments under NAHASDA to the recipient by an amount equal to the amount of such payments that were not expended in accordance with NAHASDA;
(3) Limit the availability of payments under NAHASDA to programs, projects, or activities not affected by the failure to comply; or
(4) In the case of noncompliance described in § 1000.542, provide a replacement TDHE for the recipient.
(b) HUD may, upon due notice, suspend payments at any time after the issuance of the opportunity for hearing pending such hearing and final decision, to the extent HUD determines such action necessary to preclude the further expenditure of funds for activities affected by such failure to comply.
(c) If HUD determines that the failure to comply substantially with the provisions of NAHASDA is not a pattern or practice of activities constituting willful noncompliance, and is a result of the limited capability or capacity of the recipient, HUD may provide technical assistance for the recipient (directly or indirectly) that is designed to increase the capability or capacity of the recipient to administer assistance under NAHASDA in compliance with the requirements under NAHASDA.
(d) In lieu of, or in addition to, any action described in this section, if HUD has reason to believe that the recipient has failed to comply substantially with any provisions of NAHASDA, HUD may refer the matter to the Attorney General of the United States, with a recommendation that appropriate civil action be instituted.

Title 24 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 24.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-12-03; vol. 77 # 232 - Monday, December 3, 2012
    1. 77 FR 71513 - Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD, Office of the Assistant Secretary for Public and Indian Housing
      Final rule.
      Effective Date: January 2, 2013.
      24 CFR Part 1000

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Title 24 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR 1000 after this date.

  • 2012-12-03; vol. 77 # 232 - Monday, December 3, 2012
    1. 77 FR 71513 - Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD, Office of the Assistant Secretary for Public and Indian Housing
      Final rule.
      Effective Date: January 2, 2013.
      24 CFR Part 1000