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Compliance, Review, Penalties & Sanctions: Capital Fund Rule

This section outlines the requirements for compliance with the Capital Fund Rule, HUD's review process, and the potential penalties and sanctions for noncompliance. It also clarifies the minimum performance review standards and lists possible sanctions.

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Compliance, Review, Penalties & Sanctions: Capital Fund Rule

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  1. Capital Fund Rule – §905.800 - 804 (Subpart H) PART 800 §905.800 - 804 Compliance, HUD Review, Penalties and Sanctions

  2. § 905.800 Compliance Capital Fund Rule – §905.800 - 804 (Subpart H) • PHAs or other owner/management entities and their partners are required to comply with all applicable provisions of this part • Execution of the CF ACC Amendment, receipt of required submissions, and disbursement of CF grants from HUD are individually and collectively deemed to be the PHA’s certification that it is in compliance • Noncompliance with any provision of this part or other applicable requirements may subject the PHA and/or its partners to sanctions contained in § 905.804

  3. Capital Fund Rule – §905.800 - 804 (Subpart H) § 905.802 HUD Review of PHA Performance • HUD shall review the PHA’s performance in completing work in accordance with this part and may make such other reviews when and as determined necessary • During such a review, HUD shall, at minimum, perform an assessment

  4. § 905.804 Sanctions Capital Fund Rule – §905.800 - 804 (Subpart H) • Sanctions associated with failure to obligate or expend in a timely manner are specified at §905.306

  5. § 905.804 Sanctions (Continued) Capital Fund Rule – §905.800 - 804 (Subpart H) • Other possible noncompliance sanctions may include, but are not limited to: • Issue a corrective action order. • Require reimbursement from non-HUD sources. • Limit, withhold, reduce, or terminate Capital Fund or Operating Fund assistance. • Issue a Limited Denial of Participation or Debar responsible PHA officials. • Withhold assistance to the PHA under section 8 of the Act, 42 U.S.C. 1437f. • Declare a breach of the CF ACC with respect to some or all of the PHA’s functions

  6. Capital Fund Rule – §905.800 - 804 (Subpart H) • Clarifies minimum performance review standards • Lists possible noncompliance sanctions MAJOR CHANGES PART 800 §905.800 - 804 Compliance, HUD Review, Penalties and Sanctions

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