[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1006.440]



[Page 825]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1006_NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM--Table of Contents

 

                 Subpart E_Monitoring and Accountability

 

Sec.  1006.440  Remedies for noncompliance.



    (a) Remedies. If HUD finds that the DHHL has failed to comply 

substantially with any provision of the Act or this part, the following 

actions may be taken by HUD:

    (1) Terminate payments to the DHHL;

    (2) Reduce payments to the DHHL by an amount equal to the amount not 

expended in accordance with the Act or this part;

    (3) Limit the availability of payments to programs, projects, or 

activities not affected by such failure to comply; or

    (4) Adjust, reduce or withdraw grant amounts or take other action as 

appropriate in accordance with reviews and audits.

    (b) Exception. Grant amounts already expended on affordable housing 

activities may not be recaptured or deducted from future assistance 

provided to the DHHL.

    (c) 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.

    (d) Hearing requirement. Before imposing remedies under this 

section, HUD will:

    (1) Take at least one of the corrective or remedial actions 

specified under Sec.  1006.430 and permit the DHHL to make an 

appropriate and timely response;

    (2) Provide the DHHL with the opportunity for an informal 

consultation with HUD regarding the proposed action; and

    (3) Provide DHHL with reasonable notice and opportunity for a 

hearing.

    (e) Continuance of actions. If HUD takes an action under paragraph 

(a) of this section, the action will continue until HUD determines that 

the failure of the DHHL to comply with the provision has been remedied 

and the DHHL is in compliance with the provision.

    (f) Referral to the Attorney General. In lieu of, or in addition to, 

any action HUD may take under paragraph (a) of this section, if HUD has 

reason to believe that the DHHL has failed to comply substantially with 

any provision of the Act or this part, HUD may refer the matter to the 

Attorney General of the United States with a recommendation that an 

appropriate civil action be instituted. Upon receiving a referral, the 

Attorney General may bring a civil action in any United States district 

court of appropriate jurisdiction for such relief as may be appropriate, 

including an action to recover the amount of the assistance furnished 

under the Act that was not expended in accordance with the Act or this 

part or for mandatory or injunctive relief.