EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or in the alternative, an opportunity to negotiate in good faith HUD’s findings of non- compliance. However, if the Department determines that PRPHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement: (a) Any act(s) or omission(s) by a PRPHA employee who violates the terms of this Agreement may serve as grounds for XXX’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 or limited denial of participation as set forth in 24 C.F.R. § 24.705. (b) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHA’s functions. (c) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHA’s Capital Fund Program funding as specified in 24 C.F.R. § 968.335. (d) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA high performer status under 24 C.F.R. § 901.115(e). (e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants. (f) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations of any or all of the provisions of this Agreement. (g) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities. (h) Any act(s) or omission(s) that violates the terms of this Agreement may serve as ground for the Department to conduct a compliance review under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authority. (i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA HACL with a written statement specifying the facts of the alleged non- non-compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or or, in the alternative, an opportunity to negotiate in good faith concerning HUD’s findings of non- non-compliance. However, if .
B. If the Department determines that PRPHA HACL has not satisfactorily resolved the findings of non-non- compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an HACL employee who violates the terms of this Agreement may serve as grounds for XXXHUD’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 24.400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.70524.705 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAHACL’s functions.
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAHACL’s Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335.
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA HACL high performer status under status. 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of C. The acts set forth in this Agreement may serve as ground for Section VIII. are not mutually exclusive and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient mannermanner as outlined below:
1. Upon a finding of non-compliance, HUD will provide PRPHA HACH with a reasonable opportunity to resolve or cure the alleged non-compliance. Specifically, HUD will provide HACH with a written statement specifying the facts of outlining the alleged non- non-compliance and a reasonable opportunity to resolve or cure the alleged non-compliance compliance.
2. Within forty-five (45) days of HACH’s receipt of HUD’s statement outlining the alleged non-compliance, HACH will notify HUD of the actions it has taken to resolve or in cure the alternativenon-compliance. During this time period, HUD will provide HACH an opportunity to negotiate in good faith with HUD concerning corrective actions relating to the findings of non-compliance.
3. HUD will evaluate HACH’s resolution actions and determine if HACH has successfully resolved or cured the non-compliance.
a. If HUD determines HACH has successfully resolved or cured the non- compliance, HUD will write HACH a letter so indicating.
b. If HUD determines that HACH has not satisfactorily resolved or cured the findings of non-compliance, HUD will either refer the matter to HUD’s findings Administrative Law Judge for mediation or, in the alternative, take any of non- compliancethe actions described in Section VIII. However, if (B) below.
B. If the Department determines that PRPHA HACH has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-non- compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an HACH employee who violates the terms of this Agreement may serve as grounds for XXXHUD’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 24.400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.70524.705 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAHACH’s functions.
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAHACH’s Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335.
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA HACH high performer status under status. 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of C. The acts set forth in this Agreement may serve as ground for Section VIII. are not mutually exclusive and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA HACP with a written statement specifying the facts of the alleged non- non-compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or non- compliance; or, in the alternative, an opportunity to negotiate in good faith HUD’s findings of non- non-compliance. However, if the Department determines that PRPHA HACP has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an HACP employee who violates the terms of this Agreement may serve as grounds for XXXHUD’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 24.400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.70524.705 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAHACP’s functions.
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAHACP’s Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335.
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA HACP high performer status under status. 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of B. The acts set forth in this Agreement may serve as ground for Section VIII are not mutually exclusive, and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA HACLV with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or compliance; or, in the alternative, an opportunity to negotiate in good faith HUD’s findings of non- compliance. However, if the Department determines that PRPHA HACLV has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an HACLV employee who violates the terms of this Agreement may serve as grounds for XXXHUD’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 24.400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.70524.705 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAHACLV’s functions.
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAHACLV’s Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335.
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA HACLV high performer status under status. 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of B. The acts set forth in this Agreement may serve as ground for Section VIII are not mutually exclusive, and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA MDHA with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or compliance; or, in the alternative, an opportunity to negotiate in good faith HUD’s findings of non- compliance. However, if the Department determines that PRPHA MDHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an MDHA employee who violates the terms of this Agreement may serve as grounds for XXX’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 24.400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.70524.705 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAMDHA’s functions.
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAMDHA’s Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335.
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA MDHA high performer status under status. 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of B. The acts set forth in this Agreement may serve as ground for Section VIII are not mutually exclusive, and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) 32. The parties Parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA Recipients with a written statement specifying the facts of the alleged non- compliance noncompliance and a reasonable opportunity to resolve or cure the alleged non-non- compliance or in the alternative, an opportunity to negotiate in good faith to cure HUD’s findings of non- compliancenoncompliance. However, if the Department determines that PRPHA has Recipients have not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:
(a) Any act(s) or omission(s) by a PRPHA HPHA employee who violates the terms of this Agreement may serve as grounds for XXX’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 or limited denial of participation as set forth in 24 C.F.R. § 24.705.
(b) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHAHPHA’s functions.
(c) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAHPHA’s Capital Fund Program funding as specified in 24 C.F.R. § 968.335.
(d) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA HPHA high performer status under 24 C.F.R. § 901.115(e).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA HPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations of any or all of the provisions of this Agreement.
(g) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of this Agreement may serve as ground for the Department to conduct a compliance review under Section 504, the ADA, the FHAct Fair Housing Act or other appropriate statutory or regulatory authority.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHAHPHA’s housing programs due to HUD’s provision of financial assistance.
33. The acts set forth in this Section are not mutually exclusive, and the Department has the right to pursue any or all of these remedies as well as any other remedies available under relevant laws.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) . The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance non- compliance: or in the alternative, an opportunity to negotiate in good faith HUDHLD’s findings of non- non-compliance. However, if of the Department Departments determines that PRPHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) a. Any act(s) or omission(somissions(s) by a an PRPHA employee who violates the terms of this Agreement may serve as grounds for XXX’s HUD imposing debarmentdepartment, as set forth in 24 C.F.R. § C.F.R .§ 24.300; : suspension, as set forth in 24 C.F.R. § 24.400 24..400; or limited denial of participation participation, as set forth in 24 C.F.R. § 24.705$24.705 for that employee.
(b) b. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUDXXX’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHA’s functions.
(c) c. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHAPRPRHA’s Capital Fund Program funding as specified in 24 funding. 23 C.F.R. § 968.335.
(d) d. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA high performer status under performance status. 24 C.F.R. § 901.115(e).
(e) e. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) f. Any act(s) or omission(s) that violates the terms of this Agreement may serve as ground for the Department to conduct a compliance review under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authority.
(i) g. Any act(s) or omission(s) that violates the terms of this Agreement may result serve as ground for the United States to pursue an action in the application of other sanctions specified in the annual contributions contract, federal court for failure to comply with civil rights statutesauthorities.
2. The acts set forth in this Section VIII are not mutually exclusive, case law and the Department has the right to pursue any or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision all of financial assistancethese remedies or any other remedies available under law.
Appears in 1 contract
Samples: Voluntary Compliance Agreement
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA HAI with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or compliance; or, in the alternative, an opportunity to negotiate in good faith HUD’s 's findings of non- compliance. However, if the Department determines that PRPHA HAI has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement:.
(a) 1. Any act(s) or omission(s) by a PRPHA an HAI employee who violates the terms of this Agreement may serve as grounds for XXX’s imposing HUD to commence proceedings to impose debarment, suspension, or limited denial of participation for that employee or person, as set forth in 24 2 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 or limited denial of participation as set forth in 24 C.F.R. § 24.705Part 2424 for that employee.
(b) 2. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the HUD to commence proceedings that ultimately finds that HAI has breached its annual contributions contract (ACC) with respect to some or all of PRPHA’s HAI's functions. 24 C.F.R. § 968.335(f).
(c) 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s HUD to commence proceedings that ultimately result in the withholding of some or all of PRPHA’s HAI's Capital Fund Program funding as specified in funding. 24 C.F.R. § 968.335968.335(f).
(d) 4. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to commence proceedings that ultimately deny PRPHA HAI high performer status under status. 24 C.F.R. § 901.115(e901.115(k)(5).
(e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants.
(f) 5. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to commence proceedings in the appropriate forum to seek in federal court specific performance, the redress of violations performance of any or all of the provisions of this AgreementAgreement in federal court.
(g6. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Title VI or other appropriate statutory or regulatory authority.
7. Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
(h) Any act(s) or omission(s) that violates the terms of B. The acts set forth in this Agreement may serve as ground for Section VIII are not mutually exclusive, and the Department has the right to conduct a compliance review pursue any or all of these remedies or any other remedies available under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authoritylaw.
(i) Any act(s) or omission(s) that violates the terms of this Agreement may result in the application of other sanctions specified in the annual contributions contract, civil rights statutes, case law or federal regulations not expressly numerated herein but which govern PRPHA’s housing programs due to HUD’s provision of financial assistance.
Appears in 1 contract
Samples: Voluntary Compliance Agreement