24 C.F.R. § 91.500

HUD approval action

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(a) General. HUD will review the plan upon receipt. The plan will be deemed approved 45 days after HUD receives the plan, unless before that date HUD has notified the jurisdiction that the plan is disapproved.

(b) Standard of review. HUD may disapprove a plan or a portion of a plan if it is inconsistent with the purposes of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12703), if it is substantially incomplete, or, in the case of certifications applicable to the CDBG program under §§ 91.225 (a) and (b) or 91.325 (a) and (b), if it is not satisfactory to the Secretary in accordance with § 570.304, § 570.429(g), or § 570.485(c) of this title, as applicable. The following are examples of consolidated plans that are substantially incomplete:

(1) A plan that was developed without the required citizen participation or the required consultation;

(2) A plan that fails to satisfy all the required elements in this part; and

(3) A plan for which a certification is rejected by HUD as inaccurate, after HUD has inspected the evidence and provided due notice and opportunity to the jurisdiction for comment; and

(4) A plan that does not include a description of the manner in which the unit of general local government or state will provide financial or other assistance to a public housing agency if the public housing agency is designated as “troubled” by HUD.

(c) Written notice of disapproval. Within 15 days after HUD notifies a jurisdiction that it is disapproving its plan, it must inform the jurisdiction in writing of the reasons for disapproval and actions that the jurisdiction could take to meet the criteria for approval. Disapproval of a plan with respect to one program does not affect assistance distributed on the basis of a formula under other programs.

(d) Revisions and resubmission. The jurisdiction may revise or resubmit a plan within 45 days after the first notification of disapproval. HUD must respond to approve or disapprove the plan within 30 days of receiving the revisions or resubmission.

(Approved by the Office of Management and Budget under control number 2506-0117) [60 FR 1896, Jan. 5, 1995, as amended at 60 FR 56909, Nov. 9, 1995; 61 FR 54920, Oct. 22, 1996; 71 FR 6970, Feb. 9, 2006]

Notes of Decisions

Cited in 2 cases, 2015–2015 · leading case: Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 802 F.3d 413 (2d Cir. 2015).

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Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 802 F.3d 413 (2d Cir. 2015). · cites it 3× “266-67 (April 23, 2014 letter summarizing HUD's past rejections of the County’s AIs and HUD’s offers of assistance); see also 24 C.F.R. § 91.500 (b)(3) (defining a "substantially incomplete” plan as one "for which a certification is rejected by HUD as inaccurate, after HUD has…”

Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 778 F.3d 412 (2d Cir. 2015). “See 24 C.F.R. § 91.500 (providing that HUD will deem “substantially incomplete .”

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