SECTION 330:40-13-4. Deobligation  


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  • (a)   OHFA may deobligate any or all Grant amounts:
    (1)   If the actual total costs of operating a Property are less than the total cost anticipated in the Application and Budget;
    (2)   If the Property(ies) identified in the Application fail to meet the minimum housing standards set forth in subchapter 9 of these Guidelines;
    (3)   If proposed Project activities are not begun or completed within a reasonable time after execution of a Grant Agreement;
    (4)   If OHFA determines that the Recipient has expended funds for uses that are ineligible under these Chapter 40 rules;
    (5)   If the Recipient fails to supervise the Properties and Residents to ensure that the Properties are drug-free and maintained in a safe and sanitary condition; or
    (6)   If the Recipient fails to provide OHFA with proof of an ongoing Comprehensive Case Management Program; or
    (7)   Funding to support the Pilot Program or any Grants made thereunder becomes unavailable to OHFA or is decreased in amount.
    (b)   The Grant Agreement may set forth in detail other circumstances under which funds may be deobligated and other sanctions that may be imposed. OHFA shall notify the Recipient in writing of its intent to deobligate ten (10) days prior to taking action to deobligate hereunder. If funds are deobligated, OHFA may:
    (1)   Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability;
    (2)   Reconsider applications that were submitted in response to the most recently published notice of fund availability, and select applications for funding with deobligated funds. Such selections will be made in accordance with these Chapter 40 Rules; and/or
    (3)   Consider allowing Recipients, upon prior approval of OHFA, to reallocate funds previously obligated to additional Projects. In such case, Recipients may be required to submit revised budgets, evidence of secured and approved Properties, and such other documentation or certifications OHFA may require.
[Source: Amended at 10 Ok Reg 971, eff 1-29-93 (emergency); Amended at 10 Ok Reg 4057, eff 7-26-93; Amended at 21 Ok Reg 2295, eff 7-12-04]