[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: 24CFR901.125]



[Page 253-254]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 901_PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM--Table of Contents

 

Sec.  901.125  PHA right of appeal.



    (a) A PHA has the right to appeal its PHMAP score to the State/Area 

Office, including a troubled designation or a mod-troubled designation. 

A PHA may appeal its management assessment rating on the basis of data 

errors (any dispute over the accuracy, calculation, or interpretation of 

data employed in the grading process that would affect a PHA's PHMAP 

score), the denial of exclusion or modification requests when their 

denial affects a PHA's total weighted score, the denial of an adjustment 

based on the physical condition and neighborhood environment of a PHA's 

developments, or a determination of intentional false certification:

    (1) A PHA may appeal its management assessment rating to the State/

Area Office only for the reasons stated in paragraph (a) of this 

section:

    (i) A PHA may not appeal its PHMAP score to the State/Area Office 

unless it has submitted its certification to the State/Area Office.

    (ii) A PHA may not appeal its PHMAP score to the State/Area Office



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if the reason the PHA received a deficient grade in any indicator or 

component was due to the fact the PHA did not submit a required report 

in a timely manner or without an approved time extension.

    (iii) A PHA may not appeal its PHMAP score to the State/Area Office 

if the reason the PHA received a failing grade in any indicator or 

component was due to the fact that the PHA did not provide justifying 

documentation to the independent auditor for any indicator(s) or 

component(s) the PHA certified to.

    (2) The appeal shall be submitted to the State/Area Office and shall 

include supporting documentary justification of the reasons for the 

appeal.

    (3) The State/Area Office will make determinations on initial 

appeals and will transmit the determination of the appeal to the PHA in 

a notification letter that will also include the date and place for 

submitting any further appeal.

    (4) Appeals submitted to the State/Area Office without appropriate 

documentation will not be considered and will be returned to the PHA.

    (b) Appeals of rescission of high performer designation shall be 

made directly to the Assistant Secretary for Public and Indian Housing.

    (c) A PHA may appeal the denial of an initial appeal by the State/

Area Office to the Assistant Secretary for Public and Indian Housing for 

the following reasons:

    (1) Initial appeals denying high performer designation;

    (2) Initial appeals denying the removal of troubled designation;

    (3) Initial appeals denying the removal of mod-troubled designation;

    (4) The denial of an appeal of a determination of intentional false 

certification;

    (5) Data errors;

    (6) The denial of exclusion or modification requests when their 

denial affects a PHA's total weighted score;

    (7) The denial of an adjustment based on the physical condition and 

neighborhood environment of a PHA's developments;

    (8) The refusal of a petition in accordance with Sec.  901.140 to 

remove troubled or mod-troubled designations.

    (d) A PHA may appeal its management assessment rating to the 

Assistant Secretary for Public and Indian Housing only for the reasons 

stated in paragraph (c) of this section.

    (e) A PHA may not appeal its PHMAP score to the Assistant Secretary 

unless it has submitted its certification to the State/Area Office.

    (f) Appeals submitted to the Assistant Secretary for Public and 

Indian Housing without appropriate documentation will not be considered 

and will be returned to the PHA.

    (g) The date and place by which any appeal must be submitted will be 

specified in the letter from the State/Area Office notifying the PHA of 

any determination or action. For example, the State/Area Office initial 

notification letter or denial of initial appeal letter will specify the 

date and place by which appeals must be received. The date specified 

will be the 15th calendar day after the letter is mailed, not counting 

the day the letter is mailed. If the 15th day falls on a weekend or 

holiday, the date specified will be the next day that is not on a 

weekend or a holiday. Any appeal not received by the specified time and 

place will not be considered.