42 U.S.C. § 12708 — Compliance

(a) Performance reports: (1) In general -- Every participating jurisdiction must review and report, once a year and in a form the Secretary accepts, on how it's doing carrying out its housing strategy. This report must evaluate progress toward the goal set in section 12705(b)(18), and give information on the number and type of households served -- including how many very low-income, low-income, and moderate-income people, and their racial and ethnic makeup -- who will be helped with the funds. (2) Submission -- The Secretary must (A) set the dates these reports are due, and (B) review them and make whatever recommendations the Secretary thinks will help carry out the Act's purposes. (3) Failure to report -- If a jurisdiction does not submit a satisfactory report on time, its assistance under subchapter II or the other programs named in section 12706 can be (A) suspended until it submits a satisfactory report, or (B) taken away and given to someone else, if the Secretary decides -- after giving notice and a chance for a hearing -- that the jurisdiction will not submit a satisfactory report. (b) Performance review by Secretary: (1) In general -- The Secretary must make sure every jurisdiction that has to submit a housing strategy under section 12705 gets reviewed at least once a year. Wherever practical, this review includes site visits by HUD staff, and it must assess the jurisdiction's (A) management of the funds it gets under HUD's programs; (B) compliance with its own housing strategy; (C) accuracy in preparing the performance reports required by subsection (a); and (D) efforts to make sure HUD-assisted housing follows its contracts and the law. (2) Report by Secretary -- The Secretary must write up this performance review. The jurisdiction gets at least 30 days to review and comment on it. After considering those comments, the Secretary may revise the report, and must make the jurisdiction's comments and the (possibly revised) report available to the public within 30 days of getting those comments. (c) Review by courts: No court -- federal, state, or otherwise -- can review whether the information a jurisdiction submitted under section 12705(b)(4) was adequate. A court can only review whether the process used to develop a housing strategy, and its content, substantially followed this Act's requirements. While a lawsuit challenging a housing strategy (or the Secretary's approval of one) is still pending, the court cannot block the jurisdiction from carrying out an already-approved strategy. And any housing assisted during that pending lawsuit is not affected by whatever order the court eventually issues.