# 1006.420 Review of DHHL's performance.
(a) *Objective.* HUD will, at least annually, review DHHL's performance to determine whether the DHHL has:
(1) Carried out eligible activities in a timely manner;
(2) Carried out and made certifications in accordance with the requirements and the primary objectives of the Act and this part and with other applicable laws;
(3) A continuing capacity to carry out the eligible activities in a timely manner;
(4) Complied with its housing plan; and
(5) Submitted accurate performance reports.
(b) *Basis for review.* In reviewing DHHL's performance, HUD will consider all available evidence, which may include, but not be limited to, the following:
(1) The DHHL's housing plan and any amendments thereto;
(2) Reports prepared by the DHHL;
(3) Records maintained by the DHHL, including their retention under 2 CFR 200.333, noting that the NHHBG Annual Performance Report is the program's final expenditure report;
(4) Results of HUD's monitoring of the DHHL's performance, including field evaluation of the quality of the work performed;
(5) Audit reports;
(6) Records of drawdowns on the line of credit;
(7) Records of comments and complaints by citizens and organizations; and
(8) Litigation.
(c) *Failure to maintain records.* The DHHL's failure to maintain records may result in a finding that the DHHL failed to meet the applicable requirement to which the record pertains.
[67 FR 40776, June 13, 2002, as amended at 80 FR 75945, Dec. 7, 2015; 89 FR 9764, Feb. 12, 2024]