[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR115.311]

[Page 702-703]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 115_CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING 
ENFORCEMENT AGENCIES--Table of Contents
 
            Subpart C_Fair Housing Assistance Program (FHAP)
 
Sec. 115.311  Corrective and remedial action.

    (a) If HUD makes a preliminary determination that an agency has not 
complied with Sec. 115.309, the agency will

[[Page 703]]

be given written notice of this determination and an opportunity to 
show, through demonstrable facts and data, that it has done so within a 
time prescribed by HUD.
    (b) If an agency fails to demonstrate to HUD's satisfaction that it 
has met program review standards, HUD will request the agency to submit 
and comply with proposals for action to correct, mitigate, or prevent 
performance deficiencies, including, but not limited to:
    (1) Preparing and/or following a schedule of actions for carrying 
out the affected fair housing activities;
    (2) Establishing and/or following a management plan that assigns 
responsibilities for carrying out the actions required;
    (3) Canceling or revising activities likely to be affected by a 
performance deficiency before expending FHAP funds for the activities; 
and
    (4) Redistributing or suspending disbursement of FHAP funds that 
have not yet been disbursed.
    (c) HUD may condition the use of FHAP award amounts with respect to 
an agency's succeeding fiscal year's allocation on the satisfactory 
completion by the agency of appropriate corrective actions. When the use 
of funds is so conditioned, HUD will specify the deficiency(ies), the 
required corrective action(s), and the time allowed for taking these 
actions. Failure of the agency to complete the actions as specified will 
result in a reduction or withdrawal of the FHAP allocation in an amount 
not to exceed the amount conditionally granted.