24 Cfr 214.305

§ 214.305

24 CFR Ch. II (4–1–14 Edition)

provide housing counseling to at least
the required workload of clients every
year, whether or not the agency receives HUD funding.
§ 214.305 Agency profile changes.
Participating agencies must notify
HUD within 15 days when any of the
following occurs:
(a) The agency loses or changes its
tax-exempt, nonprofit status.
(b) The agency no longer complies
with local and state requirements.
(c) Changes occur in any of the items
below:
(1) Address(es) of the agency’s main
office and the address(es) of its
branches and affiliates;
(2) Staff personnel responsible for the
Housing Counseling program, such as
the housing counselors and management staff;
(3) Telephone numbers of the main
office, affiliates, and branches; or
(4) Any other aspect of the agency’s
purpose or functions that may impair
its ability to comply with these regulations or the applicable grant agreement (e.g., lack of qualified housing
counselors).

pmangrum on DSK3VPTVN1PROD with CFR

§ 214.307 Performance review.
(a) HUD may conduct periodic on-site
or desk performance reviews of all participating agencies.
(b) The performance review will consist of a review of the participating
agency’s compliance with all program
requirements,
including
applicable
civil rights requirements, and the
agency’s level of success in delivering
counseling services.
§ 214.309 Reapproval and disapproval
based on performance review.
Based on the performance review,
HUD may determine whether to renew
the approval unconditionally or conditionally, temporarily change status to
inactive, or terminate approval or participation of the agency.
(a) Unconditional Reapproval. If the
agency is in full compliance with the
performance criteria of this part, HUD
may reapprove the agency unconditionally for up to 3 years.
(b) Conditional Reapproval. If the
agency fails to meet the performance
criteria, but the failure does not seri-

ously impair the agency’s counseling
capability as required in this part,
HUD may extend the agency’s approval
or participation for up to 120 calendar
days.
(c) Inactive status. HUD may temporarily change an agency’s status to inactive, as provided in § 214.200.
(d) Follow-up Review. HUD may conduct a follow-up review to determine if
the deficiencies have been corrected.
(e) Termination of HUD Approval.
When HUD determines that the agency’s program deficiencies seriously impair the agency’s ability to comply
with this part, HUD may terminate approval or participation of the agency
immediately.
(f) Appeal. If HUD does not reinstate
the approval, or terminates participation, the agency may file an appeal, as
prescribed under § 214.205.
§ 214.311 Funding.
(a) HUD funding. HUD approval or
program participation does not guarantee funding from HUD. Funding for
the Housing Counseling program depends on appropriations from Congress
and are awarded competitively under
federal and HUD regulations and policies governing assistance programs, including the Department of Housing and
Urban Development Reform Act of 1989
(42 U.S.C. 3545 et seq.). If funds become
available that are to be competitively
awarded, HUD will notify the public
through a Notice of Funding Availability (NOFA) in the FEDERAL REGISTER and via the Internet or other
electronic media.
(b) Local funding sources. HUD recommends that approved agencies seek
and secure funding from funding
sources that may include local and
state governments, private foundations, and lending or real estate organizations. Agencies must assure that
such arrangements do not violate the
provisions regarding conflicts of interest described in § 214.303(e).
§ 214.313 Housing counseling fees.
(a)
Participating
agencies
may
charge reasonable and customary fees
for housing education and counseling
services, as long as the cost does not
create a financial hardship for the client. An agency’s fee schedule must be

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