[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

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

[CITE: 24CFR581.4]



[Page 231-232]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 581_USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS--Table of 

Contents

 

Sec.  581.4  Suitability determination.



    (a) Suitability determination. Within 30 days after the receipt of 

information from landholding agencies regarding properties which were 

reported pursuant to the canvass described in Sec.  581.3(a), HUD will 

determine, under criteria set forth in Sec.  581.6, which properties are 

suitable for use as facilities to assist the homeless and report its 

determination to the landholding agency. Properties that are under 

lease, contract, license, or agreement by which a Federal agency retains 

a real property interest or which are scheduled to become unutilized or 

underutilized will be reviewed for suitability no earlier than six 

months prior to the expected date when the property will become 

unutilized or underutilized, except that properties subject to the Base 

Closure and Realignment Act may be reviewed up to eighteen months prior 

to the expected date when the property will become unutilized or 

underutilized.

    (b) Scope of suitability. HUD will determine the suitability of a 

property for use as a facility to assist the homeless without regard to 

any particular use.

    (c) Environmental information. HUD will evaluate the environmental 

information contained in property checklists forwarded to HUD by the 

landholding agencies solely for the purpose of determining suitability 

of properties under the criteria in Sec.  581.6.

    (d) Written record of suitability determination. HUD will assign an 

identification number to each property reviewed for suitability. HUD 

will maintain a written public record of the following:

    (1) The suitability determination for a particular piece of 

property, and the reasons for that determination; and

    (2) The landholding agency's response to the determination pursuant 

to the requirements of Sec.  581.7(a).

    (e) Property determined unsuitable. Property that is reviewed by HUD 

under this section and that is determined unsuitable for use to assist 

the homeless may not be made available for any other purpose for 20 days 

after publication in the Federal Register of a Notice of unsuitability 

to allow for review of the determination at the request of a 

representative of the homeless.

    (f) Procedures for appealing unsuitability determinations. (1) To 

request review of a determination of unsuitability, a representative of 

the homeless must contact HUD within 20 days of publication of notice in 

the Federal Register that a property is unsuitable. Requests may be 

submitted to HUD in writing or by calling 1-800-927-7588 (Toll Free). 

Written requests must be received no later than 20 days after notice of 

unsuitability is published in the Federal Register.

    (2) Requests for review of a determination of unsuitability may be 

made



[[Page 232]]



only by representatives of the homeless, as defined in Sec.  581.1.

    (3) The request for review must specify the grounds on which it is 

based, i.e., that HUD has improperly applied the criteria or that HUD 

has relied on incorrect or incomplete information in making the 

determination (e.g., that property is in a floodplain but not in a 

floodway).

    (4) Upon receipt of a request to review a determination of 

unsuitability, HUD will notify the landholding agency that such a 

request has been made, request that the agency respond with any 

information pertinent to the review, and advise the agency that it 

should refrain from initiating disposal procedures until HUD has 

completed its reconsideration regarding unsuitability.

    (i) HUD will act on all requests for review within 30 days of 

receipt of the landholding agency's response and will notify the 

representative of the homeless and the landholding agency in writing of 

its decision.

    (ii) If a property is determined suitable as a result of the review, 

HUD will request the landholding agency's determination of availability 

pursuant to Sec.  581.7(a), upon receipt of which HUD will promptly 

publish the determination in the Federal Register. If the determination 

of unsuitability stands, HUD will inform the representative of the 

homeless of its decision.