Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?

  1. Law
  2. CFR 24
  3. Housing and Urban Development
  4. Regulations Relating to Housing and Urban Development
  5. Office of Assistant Secretary for Public and Indian Housing, Department of Housing and Urban Development
  6. Native American Housing Activities
  7. Indian Housing Plan (IHP)
  8. Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?

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§ 1000.234 Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?

(a) Yes. Within 30 days of receiving HUD's disapproval of an IHP or of a modification to an IHP, the recipient may submit a written request for reconsideration of the determination. The request shall include the justification for the reconsideration.

(b) Within 21 days of receiving the request, HUD shall reconsider its initial determination and provide the recipient with written notice of its decision to affirm, modify, or reverse its initial determination. This notice will also contain the reasons for HUD's decision.

(c) The recipient may appeal any denial of reconsideration by filing an appeal with the Assistant Secretary within 21 days of receiving the denial. The appeal shall set forth the reasons why the recipient does not agree with HUD's decision and include justification for the reconsideration.

(d) Within 21 days of receipt of the appeal, the Assistant Secretary shall review the recipient's appeal and act on the appeal. The Assistant Secretary will provide written notice to the recipient setting forth the reasons for the decision. The Assistant Secretary's decision constitutes final agency action.


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