42 U.S.C. § 12708 : US Code - Section 12708: Compliance

Search 42 U.S.C. § 12708 : US Code - Section 12708: Compliance

(a) Performance reports
(1) In general
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) (!1) 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) Submission
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) Failure to report
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(B) withdrawn and reallocated if the Secretary finds, after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) Performance review by Secretary
(1) In general
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) of this section; 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) Report by Secretary
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) Review by courts
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.