Q: What is the objective of the Compliance Division within the Departmental Enforcement Center (DEC)?
A: The primary objective of the DEC's Compliance Division is to carry out HUD's Administrative Sanctions Program as established in Title 2, Code of Federal Regulations (CFR), Parts 180 and 2424. By doing so, HUD does business only with responsible parties, and HUD programs are protected from abuse by persons with a record of irresponsible business behavior.
Q: What regulations govern the HUD suspension and debarment process?
Q: How can I find out if HUD or any other Federal Executive Branch Agency has taken suspension or debarment action against an individual or entity?
A: Visit the System for Award Management web site at https://www.sam.gov/SAM/. (Please note that the List of Current Exclusions on the web site will contain only the names of individuals and entities who are currently debarred or suspended. Once a period of suspension or debarment is terminated or expires, the name of the individual or entity is removed from the Current Exclusion List and the individual or entity is again eligible to participate in HUD programs and the programs of the other Federal Executive Branch Agencies. Information on terminated or expired exclusions is moved to the Archive menu for Past Exclusions on this website).
Q: How does someone appeal and/or request a hearing regarding HUD's suspension/proposed debarment action(s)?
A: Within 30 days from receipt of a suspension/proposed debarment letter, send a letter appealing and/or requesting a hearing to the Debarment Docket Clerk, U.S. Department of Housing and Urban Development, Departmental Enforcement Center, 451 7th Street, SW, B-133 - Portals 200, Washington, D.C. 20410. If you wish to use a courier or overnight mail, send your response to the Docket Clerk, Departmental Enforcement Center, 1250 Maryland Avenue, SW, Suite 200, Washington, DC 20024.
Q: What types of sanctions can HUD impose against individuals and entities that participate in HUD programs?
A: There are essentially three types of sanctions:
- Limited Denials of Participation (LDPs) are sanctions of the shortest duration usually lasting one year and normally restricted to a specific geographic area and specific HUD program area. Generally, HUD Field Offices impose LDPs.
- Suspensions are imposed for a temporary period, pending the outcome of an investigation, an indictment or on adequate evidence that support claims of program violations. A suspension means that an individual or entity is immediately excluded from participating in further Federal Executive Branch procurement and non-procurement programs. Suspension frequently leads to debarment.
- Debarments are the most serious compliance sanctions, generally imposed for three-years or longer, if warranted. A debarred individual or entity is excluded from conducting further business with any Federal Executive Branch procurement and non-procurement program. If a suspension precedes debarment, the suspension period is taken into consideration when determining the total length of time that debarment is imposed.
Q: What are some of the program violations that can lead to suspension and debarment?
A: Suspension and debarment are imposed for serious HUD program violations, which include bribery, false statements, embezzlement, theft and forgery. For more information, see Title 2, Code of Federal Regulations (CFR), Parts 180 and 2424.
Q: What occupations could be sanctioned by HUD?
A: Generally, all occupations relating to the areas of Housing, Public & Indian Housing, Community Planning and Development. Some of these occupations include: appraisers, home inspectors, real estate agents, brokers, loan officers, builders, developers, landlords, investors, management agents, PHA executive directors and staff, Indian Housing participants, and HUD grantees and their staff.
Q: If someone has questions regarding HUD's suspension/proposed debarment/final debarment action(s), who at HUD can respond to these questions?
A: They can call Jim Beaudette, Deputy Director of the DEC. at (202) 245-4111.