[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: 24CFR985.103]



[Page 705]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 985_SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)--Table of 

Contents

 

                       Subpart B_Program Operation

 

Sec.  985.103  SEMAP score and overall performance rating.



    (a) High performer rating. PHAs with SEMAP scores of at least 90 

percent shall be rated high performers under SEMAP. PHAs that achieve an 

overall performance rating of high performer may receive national 

recognition by the Department and may be given competitive advantage 

under notices of fund availability.

    (b) Standard rating. PHAs with SEMAP scores of 60 to 89 percent 

shall be rated standard.

    (c) Troubled rating. PHAs with SEMAP scores of less than 60 percent 

shall be rated troubled.

    (d) Modified rating on an indicator. A rating on any of the 

indicators at Sec. Sec.  985.3(a) through 985.3(h) will be subject to 

change after HUD receives the PHA's annual audit report or after HUD 

conducts a confirmatory review if the audit report or the confirmatory 

review report contains information that the PHA's SEMAP certification 

concerning an indicator is not accurate.

    (e) Modified or withheld overall rating. (1) Notwithstanding an 

PHA's SEMAP score, HUD may modify or withhold an PHA's overall 

performance rating when warranted by circumstances which have bearing on 

the SEMAP indicators such as an PHA's appeal of its overall rating, 

adverse litigation, a conciliation agreement under Title VI of the Civil 

Rights Act of 1964, fair housing and equal opportunity monitoring and 

compliance review findings, fraud or misconduct, audit findings or 

substantial noncompliance with program requirements.

    (2) Notwithstanding an PHA's SEMAP score, if the latest IA report 

submitted for the PHA under the Single Audit Act indicates that the 

auditor is unable to provide an opinion as to whether the PHA's 

financial statements are presented fairly in all material respects in 

conformity with generally accepted accounting principals, or an opinion 

that the schedule of expenditures of Federal awards is presented fairly 

in all material respects in relation to the financial statements taken 

as a whole, the PHA will automatically be given an overall performance 

rating of troubled and the PHA will be subject to the requirements at 

Sec.  985.107.

    (3) When HUD modifies or withholds a rating for any reason, it shall 

explain in writing to the PHA the reasons for the modification or for 

withholding the rating.



[63 FR 48555, Sept. 10, 1998, as amended at 64 FR 40498, July 26, 1999]