24 CFR § 1000.534 - What constitutes substantial noncompliance?

---
identifier: "/us/cfr/t24/s1000.534"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "24 CFR § 1000.534 - What constitutes substantial noncompliance?"
title_number: 24
title_name: "Housing and Urban Development"
section_number: "1000.534"
section_name: "What constitutes substantial noncompliance?"
chapter_name: "OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
part_number: "1000"
part_name: "NATIVE AMERICAN HOUSING ACTIVITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 4101  42 U.S.C. 3535(d)."
regulatory_source: "63 FR 12349, Mar. 12, 1998, unless otherwise noted."
cfr_part: "1000"
---


# 1000.534 What constitutes substantial noncompliance?

HUD will review the circumstances of each noncompliance with NAHASDA and the regulations on a case-by-case basis to determine if the noncompliance is substantial. This review is a two step process. First, there must be a noncompliance with NAHASDA or these regulations. Second, the noncompliance must be substantial. A noncompliance is substantial if:

(a) The noncompliance has a material effect on the recipient meeting its planned activities as described in its Indian Housing Plan;

(b) The noncompliance represents a material pattern or practice of activities constituting willful noncompliance with a particular provision of NAHASDA or the regulations, even if a single instance of noncompliance would not be substantial;

(c) The noncompliance involves the obligation or expenditure of a material amount of the NAHASDA funds budgeted by the recipient for a material activity; or

(d) The noncompliance places the housing program at substantial risk of fraud, waste or abuse.

[63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71529, Dec. 3, 2012]