24 C.F.R. § 200.212
§ 200.212 Definitions. (24 CFR Part 200)
Operative Text
As used in this subpart: Commissioner means the Assistant Secretary for Housing-Federal Housing Commissioner, or the Commissioner's delegates and designees. Controlling Participant means an individual or entity serving in a capacity for a Covered Project that makes the individual or entity subject to Previous Participation review under this subpart, as further described in § 200.216. Covered Project means a project in which the participation of a Controlling Participant is conditioned on Previous Participation review under this subpart, as further described in § 200.214. Previous Participation means a Controlling Participant's previous participation in Covered Projects, and, if applicable, other federal, state and local housing programs, in accordance with the definition of Risk. Risk. In order to determine whether a Controlling Participant's participation in a project would constitute an unacceptable risk, the Commissioner must determine whether the Controlling Participant could be expected to participate in the Covered Project in a manner consistent with furthering the Department's purposes. The Commissioner's review of Previous Participation shall consider compliance with applicable statutes, regulations and program requirements. The Commissioner must consider the Controlling Participant's previous financial and operational performance in Covered Projects that may indicate a financial or operating risk in approving the Controlling Participant's participation in the subject Triggering Event. At the Commissioner's discretion, as necessary to determine financial or operating risk and to the extent the Commissioner determines such information to be reliably available, the Commissioner may consider the Controlling Participant's participation and performance in any federal, state or local government program. The Commissioner may exclude any Previous Participation the Commissioner determines to be of limited value, unreliable or irrelevant in evaluating risk and/or any Previous Participation in which the Controlling Participant did not exercise, actually or constructively, control. Any information collection in connection with review of Previous Participation must follow all applicable requirements for information collection. Triggering Event means an occurrence in connection with a Covered Project that subjects a Controlling Participant to Previous Participation review under this subpart, as further described in § 200.218.
Section 200.212 of 24 CFR Part 200 establishes the core vocabulary used throughout the Previous Participation review subpart. It defines who qualifies as a 'Controlling Participant,' what counts as a 'Covered Project,' and what kinds of past conduct fall under 'Previous Participation.' Central to the framework is the concept of 'Risk,' which directs the Commissioner to assess whether a Controlling Participant's history — across HUD programs and, where reliably available, other government programs — suggests a financial or operational concern that could undermine the Department's purposes.
Plain English — not legal advice.
Property owners, developers, and managers involved in HUD-assisted or FHA-insured projects should be aware that § 200.212 defines the threshold terms that determine when a Previous Participation review applies to them. A compliant operator generally maintains thorough records of past performance in Covered Projects and other government housing programs, since the Commissioner may draw on that history when evaluating a Triggering Event. Operators who have held meaningful control over prior projects — whether actual or constructive — are particularly attentive to how their financial and operational track record is documented, as § 200.212's definition of Risk makes that record directly relevant to approval decisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 200.212 primarily governs the relationship between HUD and project participants rather than tenants directly, the definitions it establishes — especially 'Risk' and 'Controlling Participant' — shape who is permitted to own or manage federally assisted housing. Tenants living in a Covered Project may find it useful to understand that the Commissioner is empowered under this provision to scrutinize the past conduct of those in control of their housing before approving their continued or new participation. Tenants who have concerns about the fitness of a project's ownership or management can explore options such as contacting their local HUD field office, reaching out to a tenant-rights organization, or reviewing complaint processes available under the broader regulatory framework of 24 CFR Part 200.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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