C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES › Subpart B—Affordable Housing Activities

24 C.F.R. § 1000.118

What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non-low-income families or a model housing activity?

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(a) Within 30 calendar days of receiving HUD's denial of a proposal to provide assistance to non-low-income families or a model housing activity, the recipient may request reconsideration of the denial in writing. The request shall set forth justification for the reconsideration.

(b) Within twenty calendar days of receiving the request, HUD shall reconsider the recipient's request and either affirm or reverse its initial decision in writing, setting forth its reasons for the decision. If the decision was made by the Assistant Secretary, the decision will constitute final agency action. If the decision was made at a lower level, then paragraphs (c) and (d) of this section will apply.

(c) The recipient may appeal any denial of reconsideration by filing an appeal with the Assistant Secretary within twenty calendar days of receiving the denial. The appeal shall set forth the reasons why the recipient does not agree with HUD's decision and set forth justification for the reconsideration.

(d) Within twenty calendar days of receipt of the appeal, the Assistant Secretary shall review the recipient's appeal and act on the appeal, setting forth the reasons for the decision.

[63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71525, Dec. 3, 2012]
Notes of Decisions
Cited in 2 cases, 2006–2009 · leading case: United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing & Urban Development
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United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing & Urban Development (2009) ca10 · cites it 2× “Consequently, I would conclude that the Cherokee Nation appealed "[w]ithin thirty calendar days of receiving HUD's denial," satisfying 24 C.F.R. § 1000.118 (a). 4.”
Fort Peck Housing Authority v. United States Department of Housing & Urban Development (2006) cod “The Assistant Secretary characterized FPHA’s challenge as a dispute over data and stated that such disputes are governed by procedures set forth in 24 C.F.R. §§ 1000.118 and 1000.336.”
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