§12708 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Each participating jurisdiction must send a yearly report the Secretary accepts. The report must explain progress on the housing strategy, including the goal in section 12705(b)(15), and give counts of the households helped by income level (very low, low, moderate) and by race and ethnicity. The Secretary sets report deadlines, reviews the reports, and can make recommendations. If a jurisdiction fails to give a satisfactory report on time, assistance under subchapter II or the programs in section 12706 may be paused until a good report is filed, or it can be taken away and given to others after notice and a hearing. The Secretary will also review each jurisdiction at least once a year. Reviews may include on-site visits and will check money management, following the housing strategy, report accuracy, and that assisted housing meets contracts and law. The Secretary will write a review, let the jurisdiction comment for at least 30 days, may change the report, and must make the report and comments public within 30 days after getting the jurisdiction’s comments. Courts may not judge the adequacy of information under section 12705(b)(4); they can only decide if the process and content substantially follow the law. While a court case about a strategy is pending, the court cannot stop the jurisdiction from carrying out an approved strategy, and housing helped during the case cannot be affected by orders from that case.

Title 42, §12708

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Each participating jurisdiction shall annually review and report, in a form acceptable to the Secretary, on the progress it has made in carrying out its housing strategy, which report shall include an evaluation of the jurisdiction’s progress in meeting its goal established in section 12705(b)(15) 11 See References in Text note below. of this title, and information on the number and types of households served, including the number of very low-income, low-income, and moderate-income persons served and the racial and ethnic status of persons served that will be assisted with funds made available.

(2)The Secretary shall (A) establish dates for submission of reports under this subsection, and (B) review such reports and make such recommendations as the Secretary deems appropriate to carry out the purposes of this Act.

(3)If a jurisdiction fails to submit a report satisfactory to the Secretary in a timely manner, assistance to the jurisdiction under subchapter II of this chapter or the other programs referred to in section 12706 of this title may be—

(A)suspended until a report satisfactory to the Secretary is submitted; or

(B)withdrawn and reallocated if the Secretary finds, after notice and opportunity for a hearing, that the jurisdiction will not submit a satisfactory report.

(b)(1)The Secretary shall ensure that activities of each jurisdiction required to submit a housing strategy under section 12705 of this title are reviewed not less frequently than annually. Such review shall include, insofar as practicable, on-site visits by employees of the Department of Housing and Urban Development and shall include an assessment of the jurisdiction’s—

(A)management of funds made available under programs administered by the Secretary;

(B)compliance with its housing strategy;

(C)accuracy in the preparation of performance reports under subsection (a); and

(D)efforts to ensure that housing assisted under programs administered by the Secretary are in compliance with contractual agreements and the requirements of law.

(2)The Secretary shall report on the performance review in writing. The Secretary shall give the jurisdiction not less than 30 days to review and comment on the report. After taking into consideration the comments of the jurisdiction, the Secretary may revise the report and shall make the jurisdiction’s comments and the report, with any revisions, readily available to the public within 30 days after receipt of the jurisdiction’s comments.

(c)The adequacy of information submitted under section 12705(b)(4) of this title shall not be reviewable by any Federal, State, or other court. Review of a housing strategy by any Federal, State, or other court shall be limited to determining whether the process of development and the content of the strategy are in substantial compliance with the requirements of this Act. During the pendency of any action challenging the adequacy of a housing strategy or the action of the Secretary in approving a strategy, the court shall not have the authority to enjoin activities taken by the jurisdiction to implement an approved housing strategy. Any housing assisted during the pendency of such action shall not be subject to any order of the court resulting from such action.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 12705(b)(15) of this title, referred to in subsec. (a)(1), was redesignated section 12705(b)(16) of this title by Pub. L. 102–550, title II, § 220(c)(1), Oct. 28, 1992, 106 Stat. 3762, and was subsequently redesignated section 12705(b)(18) of this title by Pub. L. 105–276, title V, § 583(4)(A), Oct. 21, 1998, 112 Stat. 2644. This Act, referred to in subsecs. (a)(2) and (c), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 12701 of this title and Tables.

§12708 Compliance