15.11 MAP Lender Review Board

A. The MAP Lender Review Board is appointed by the DAS for Multifamily Housing. The Board is authorized to impose probation, suspension or termination sanctions or to take other actions in response to any MAP Lender that violates, or is not in compliance with, the requirements of the MAP program.

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B. The Review Board will consist of three Office of Multifamily Housing officials designated by the DAS for Multifamily Housing.

1. Members of the Board:

   • Will be selected from among HUD production office Directors or Multifamily Housing senior staff.

• May serve on a continuing basis or may be chosen for a specific review, as the DAS for Multifamily Housing determines.

• Shall have no prior business affiliation or other conflicts of interest with the Lender under review.

• Shall select one of their members to act as Chairperson of the Review Board.

• Must have knowledge of MAP origination, underwriting and construction loan administration procedures.

2. The following persons are prohibited from serving on the Board:

   • The HUD production office Director who made the Lender sanction recommendation.

• Staff from the HUD production office that is making the recommendation.

• The Directors of OMP or of COB.

Staff from OMP or COB.

• C. A designee from the Office of General Counsel will be a non-voting advisor to the Board.

• D. The Directors of OMP or of COB, or his/her designee(s), will present cases to the Review Board.

• E. Functions, Duties, and Powers of the Board will include:

1. The MAP Lender Review Board is authorized to impose appropriate sanctions on a MAP Lender after: Conducting an impartial review of all information and documentation submitted to the Board.

   • Making factual determinations that there has been a violation of MAP requirements.

2. In determining what action is appropriate, the Board will consider among other factors: The seriousness and extent of the violation(s).

• Any history of prior offenses.

• Deterrence of future violations.

• Any inappropriate benefits received by the MAP Lender.

• Potential inappropriate benefit to other persons.

• Any mitigating or aggravating factors.

Any policy issues that may be raised for the MAP program by the Board’s decision.

3. The Board may refer:

   • A MAP Lender to:

• 1. The Mortgagee Review Board.

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• 2. The Departmental Enforcement Center.
• 3. The Office of Inspector General.

• An individual or firm involved in a “covered transaction,” as defined in 2 CFR 2424.220, to the DAS for Multifamily Housing for imposition of a suspension, debarment or LDP which may be imposed on a nationwide or on a more geographically restricted basis.