24 C.F.R. § 30.10

Definitions

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Since this part is primarily procedural, terms not defined in this section shall have the meanings given them in relevant program regulations. Comprehensive definitions are in 24 CFR part 4 (HUD Reform Act). The terms ALJ, Department, HUD, and Secretary are defined in 24 CFR part 5.

Ability to pay. Determined based on an assessment of the respondent's resources available both presently and prospectively from which the Department could ultimately recover the total award, which may be predicted based on historical evidence.

Agent. Any person, including an officer, director, partner, or trustee, who acts on behalf of another person.

Dealer. A seller, contractor or supplier of goods or services having a direct or indirect financial interest in the transaction between the borrower and the lender, and who assists the borrower in preparing the credit application or otherwise assists the borrower in obtaining the loan from the lender.

Knowing or Knowingly. Having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under subpart B of this part or under 24 CFR part 4. For purposes of §§ 30.35 and 30.36, knowing or knowingly is defined at 12 U.S.C. 1735f-14(g).

Material or Materially. Having the natural tendency or potential to influence, or when considering the totality of the circumstances, in some significant respect or to some significant degree.

Person. An individual, corporation, company, association, authority, firm, partnership, society, State, local government or agency thereof, or any other organization or group of people.

Respondent. A person against whom a civil money penalty action is initiated.

Sponsored third-party originator. A sponsored third-party originator as defined at § 202.8 of this title.

[61 FR 50215, Sept. 24, 1996, as amended at 74 FR 2751, Jan. 15, 2009; 77 FR 51468, Aug. 24, 2012; 82 FR 24524, May 30, 2017]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2007–2021 · leading case: Yetiv v. U.S. Dep't of Hous. & Urban Dev., 503 F.3d 1087 (9th Cir. 2007).

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Yetiv v. U.S. Dep't of Hous. & Urban Dev., 503 F.3d 1087 (9th Cir. 2007). · cites it 2× “24 C.F.R. § 30.10 . The ALJ found that Yetiv's violations were significant by considering, as the Secretary requires, the so-called "totality of circumstances" factors set forth in 24 C.”

Egae, LLC v. Ushud (9th Cir. 2021). “80 , to determine that Petitioners’ failure to submit annual financial reports was “material” under 24 C.F.R. § 30.10 , and the ALJ appropriately disregarded irrelevant factors.”

Yetiv v. Hud (9th Cir. 2007). “24 C.F.R. § 30.10 . The ALJ found that Yetiv’s viola- tions were significant by considering, as the Secretary requires, the so-called “totality of circumstances” factors set forth in 24 C.”

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