24 C.F.R. Subpart F—Owner Dispute of Rejection and Administrative Appeal
Title 24 - Housing and Urban Development
(a) Notice of rejection. HUD will notify the owner of the reasons for a rejection under §§401.101, 401.402, 401.403, 401.405, 401.451, or §402.7 of this chapter. An owner will have 30 days from receipt of this notice to provide written objections or to cure the underlying basis for the objections. If the owner does not submit written objections or cure the underlying basis for the objections during that period, the decision will become a final determination under section 516(c) of MAHRA and is not subject to judicial review. (b) Final decision after objection; right to administrative review. If an owner submits written objections or asserts that the underlying basis for the objections is cured, after consideration of the matter HUD will send the owner a final decision affirming, modifying, or reversing the rejection and setting forth the rationale for the final decision. The owner has a right to make an administrative appeal of the following: (a) A final decision by HUD under §401.645(b); (b) A decision by HUD and the PAE to offer a proposed Restructuring Commitment that the owner does not execute; and (c) A decision by HUD to accelerate the second mortgage under §401.461(b)(4), to the extent provided that section. (a) How to appeal. An owner may submit a written appeal to HUD, within 10 days of receipt of written notice of the decision described in §401.650, contesting the decision and requesting a conference with HUD. At the conference, the owner may submit (in person, in writing, or through a representative) its reasons for appealing the decision. The HUD or PAE official who issued the decision under appeal may participate in the conference and submit (in person, in writing, or through a representative) the basis for the decision. (b) Written decision. Within 20 days after the conference, or 20 days after any agreed-upon extension of time for submission of additional materials by or on behalf of the owner, HUD will advise the owner in writing of the decision to terminate, modify, or affirm the original decision. (c) Who is responsible for reviewing appeals? HUD will designate an official to review any appeal, conduct the conference, and issue the written decision. The official designated must be one who was neither directly involved in, nor reports to another directly involved in, making the decision being appealed. The reviewing official's decision under §401.651 is a final determination for purposes of section 516(c) of MAHRA and is not subject to judicial review.
Title 24: Housing and Urban Development
PART 401—MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING PROGRAM (MARK-TO-MARKET)
Subpart F—Owner Dispute of Rejection and Administrative Appeal
§ 401.645 How does the owner dispute a notice of rejection?
§ 401.650 When may the owner make an administrative appeal of a final decision under this subpart?
§ 401.651 Appeal procedures.
§ 401.652 No judicial review.
