[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR115.311]



[Page 717]

 

                 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 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.