Review of DHHL's performance.

(a) Objective. HUD will, at least annually, review DHHL's performance to determine whether the DHHL has: (1) Carried out eligible activities in a timely manner; (2) Carried out and made certifications in accordance with the requirements and the primary objectives of the Act and this part and with other applicable laws; (3) A continuing capacity to carry out the eligible activities in a timely manner; (4) Complied with its housing plan; and (5) Submitted accurate performance reports. (b) Basis for review. In reviewing DHHL's performance, HUD will consider all available evidence, which may include, but not be limited to, the following: (1) The DHHL's housing plan and any amendments thereto; (2) Reports prepared by the DHHL; (3) Records maintained by the DHHL, including their retention under 2 CFR 200.333, noting that the NHHBG Annual Performance Report is the program's final expenditure report; (4) Results of HUD's monitoring of the DHHL's performance, including field evaluation of the quality of the work performed; (5) Audit reports; (6) Records of drawdowns on the line of credit; (7) Records of comments and complaints by citizens and organizations; and (8) Litigation. (c) Failure to maintain records. The DHHL's failure to maintain records may result in a finding that the DHHL failed to meet the applicable requirement to which the record pertains. [67 FR 40776, June 13, 2002, as amended at 80 FR 75945, Dec. 7, 2015; 89 FR 9764, Feb. 12, 2024]