24 C.F.R. § 901.200 Events or conditions that constitute substantial default.
Title 24 - Housing and Urban Development
(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 §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 §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 §901.210. (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).
Title 24: Housing and Urban Development
PART 901—PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM
§ 901.200 Events or conditions that constitute substantial default.
