(a) Notification of deficienciesNot later than 60 days after receipt of a plan of action, the Secretary shall notify the owner in writing of any deficiencies that prevent the plan of action from being approved. If deficiencies are found, such notice shall describe alternative ways in which the plan may be revised to meet the criteria for approval.
(b) Notification of approval(1) In generalNot later than 180 days after receipt of a plan of action, or such longer period as the owner requests, the Secretary shall notify the owner in writing whether the plan of action, including any revisions, is approved. If approval is withheld, the notice shall describe—(A) the reasons for withholding approval; and
(B) the actions that could be taken to meet the criteria for approval.
(2) Opportunity to reviseThe Secretary shall subsequently give the owner a reasonable opportunity to revise the plan of action and seek approval.
(c) Delayed approvalIf the Secretary does not approve a plan of action within the period under subsection (b), the Secretary shall provide incentives and assistance under this subchapter in the amount that the owner would have received if the Secretary had complied with such time limitations. The preceding sentence shall not apply if the plan of action was not approved because of deficiencies. An owner may bring an action in the appropriate Federal district court to enforce this subsection.
Structure US Code
CHAPTER 42— LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP
SUBCHAPTER I— PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT
§ 4101. General prepayment limitation
§ 4103. Appraisal and preservation value of eligible low-income housing
§ 4104. Annual authorized return and preservation rents
§ 4105. Federal cost limits and limitations on plans of action
§ 4106. Information from Secretary
§ 4108. Prepayment and voluntary termination
§ 4109. Incentives to extend low-income use
§ 4110. Incentives for transfer to qualified purchasers
§ 4111. Mandatory sale for housing exceeding Federal cost limits
§ 4112. Criteria for approval of plan of action involving incentives
§ 4113. Assistance for displaced tenants
§ 4114. Permissible prepayment or voluntary termination and modification of commitments
§ 4115. Timetable for approval of plan of action
§ 4116. Resident homeownership program
§ 4117. Delegated responsibility to State agencies
§ 4118. Consultations with other interested parties
§ 4121. Definitions of qualified and priority purchaser and related party rule
§ 4122. Preemption of State and local laws