[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: 24CFR901.200]



[Page 257-258]

 

                 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.  901.200  Events or conditions that constitute substantial default.



    (a) The Department may determine that events have occurred or that 

conditions exist that constitute a substantial default if a PHA is 

determined to be in violation of Federal statutes, including but not 

limited to, the 1937 Act, or in violation of regulations implementing 

such statutory requirements, whether or not such violations would 

constitute a substantial breach or default under provisions of the 

relevant ACC.

    (b) The Department may determine that a PHA's failure to satisfy the 

terms of a Memorandum of Agreement entered into in accordance with Sec.  

901.135 of this part, or to make reasonable progress to meet time frames 

included in a Memorandum of Agreement, are events or conditions that 

constitute a substantial default.

    (c) The Department shall determine that a PHA that has been 

designated as troubled and does not show significant improvement (10 

percentage point increase) in its PHMAP score within one year after 

final notification of its PHMAP score are events or conditions that 

constitute a substantial default:

    (1) A PHA shall be notified of such a determination in accordance 

with Sec.  901.205(c).

    (2) A PHA may waive, in writing, receipt of explicit notice from the 

Department as to a finding of substantial default, and voluntarily 

consent to a determination of substantial default. The PHA must concur 

on the existence of substantial default conditions which can be remedied 

by technical assistance, and the PHA shall provide the Department with 

written assurances that all deficiencies will be addressed by the PHA. 

The Department will then immediately proceed with interventions as 

provided in Sec.  901.210.



[[Page 258]]



    (d) The Department may declare a substantial breach or default under 

the ACC, in accordance with its terms and conditions.

    (e) The Department may determine that the events or conditions 

constituting a substantial default are limited to a portion of a PHA's 

public housing operations, designated either by program, by operational 

area, or by development(s).