[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR985.103]

[Page 700]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 985_SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)--Table of Contents
 
                       Subpart B_Program Operation
 
Sec. 985.103  SEMAP score and overall performance rating.

    (a) High performer rating. PHAs with SEMAP scores of at least 90 
percent shall be rated high performers under SEMAP. PHAs that achieve an 
overall performance rating of high performer may receive national 
recognition by the Department and may be given competitive advantage 
under notices of fund availability.
    (b) Standard rating. PHAs with SEMAP scores of 60 to 89 percent 
shall be rated standard.
    (c) Troubled rating. PHAs with SEMAP scores of less than 60 percent 
shall be rated troubled.
    (d) Modified rating on an indicator. A rating on any of the 
indicators at Sec. Sec. 985.3(a) through 985.3(h) will be subject to 
change after HUD receives the PHA's annual audit report or after HUD 
conducts a confirmatory review if the audit report or the confirmatory 
review report contains information that the PHA's SEMAP certification 
concerning an indicator is not accurate.
    (e) Modified or withheld overall rating. (1) Notwithstanding an 
PHA's SEMAP score, HUD may modify or withhold an PHA's overall 
performance rating when warranted by circumstances which have bearing on 
the SEMAP indicators such as an PHA's appeal of its overall rating, 
adverse litigation, a conciliation agreement under Title VI of the Civil 
Rights Act of 1964, fair housing and equal opportunity monitoring and 
compliance review findings, fraud or misconduct, audit findings or 
substantial noncompliance with program requirements.
    (2) Notwithstanding an PHA's SEMAP score, if the latest IA report 
submitted for the PHA under the Single Audit Act indicates that the 
auditor is unable to provide an opinion as to whether the PHA's 
financial statements are presented fairly in all material respects in 
conformity with generally accepted accounting principals, or an opinion 
that the schedule of expenditures of Federal awards is presented fairly 
in all material respects in relation to the financial statements taken 
as a whole, the PHA will automatically be given an overall performance 
rating of troubled and the PHA will be subject to the requirements at 
Sec. 985.107.
    (3) When HUD modifies or withholds a rating for any reason, it shall 
explain in writing to the PHA the reasons for the modification or for 
withholding the rating.

[63 FR 48555, Sept. 10, 1998, as amended at 64 FR 40498, July 26, 1999]