24 C.F.R. § 93.453

§ 93.453 Notice and opportunity for hearing; sanctions. (24 CFR Part 93)

In Force
Verified 9/2/2026 · Next check 10/2/2026
effective 9/2/2026FederalAffordable Housing Programs

Operative Text

24 C.F.R. § 93.453
(a) If HUD finds after reasonable notice and opportunity for hearing that a grantee has substantially failed to comply with any provision of this part, and until HUD is satisfied that there is no longer any such failure to comply:

(1) HUD shall reduce the funds in the grantee's HTF account by the amount of any expenditures that were not in accordance with the requirements of this part or require the grantee to repay to HUD any amount of the HTF grant that was not used in accordance with the requirements of this part; and

(2) HUD may do one or more of the following:

(i) Prevent withdrawals from the grantee's HTF account for activities affected by the failure to comply;

(ii) Restrict the grantee's activities under this part to activities or recipients not affected by the failure to comply;

(iii) Remove the State from participation in allocations or reallocations of funds made available under §§ 93.50 through 93.54 of this part; or

(iv) Terminate any HTF assistance to the grantee. HUD may, on due notice, suspend payments at any time after the issuance of a notice of opportunity for hearing pursuant to paragraph (a) of this section, pending such hearing and a final decision, to the extent that HUD determines such action to be necessary to preclude the further expenditure of funds for activities affected by the failure to comply.

(b) Proceedings. When HUD proposes to take action pursuant to this section, the respondent in the proceedings will be the grantee. Proceedings will be conducted in accordance with 24 CFR part 26.
Source: Legislative text reproduced verbatim
Plain English

Under 24 CFR Part 93 § 93.453, HUD is authorized to impose financial and programmatic consequences on a state grantee that has substantially failed to comply with Housing Trust Fund (HTF) program requirements — but only after providing reasonable notice and an opportunity for a hearing. Mandatory consequences include reducing the grantee's HTF account or requiring repayment of misspent funds. Discretionary consequences can range from blocking certain withdrawals and restricting program activities to removing the state from future fund allocations or terminating HTF assistance entirely. HUD may also suspend payments on an interim basis while a hearing and final decision are pending.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Although 24 CFR Part 93 § 93.453 is directed at state grantees rather than individual property owners, HTF-funded projects are directly affected when a grantee faces enforcement action. Operators working with HTF funds generally maintain thorough documentation of all expenditures and program activities to demonstrate compliance with Part 93 requirements, since noncompliance at the grantee level can result in fund reductions, withdrawal restrictions, or termination of assistance that flows down to funded projects. Staying current with grantee reporting requirements and monitoring communications from the administering state agency helps operators remain aware of any compliance issues that could affect their HTF-assisted properties.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in housing supported by HTF funds should be aware that 24 CFR Part 93 § 93.453 establishes a formal process — including notice and a hearing — before HUD can sanction a state grantee for noncompliance. If enforcement action is taken against a grantee, it can affect the availability of HTF-funded units or assistance in a given state. Tenants who believe HTF program requirements are not being met in their housing may explore options such as contacting their state's HTF administering agency, reaching out to a local tenant-rights organization, or reviewing HUD's complaint resources to understand available paths for raising concerns.

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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 2, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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