102-75.1190—What is the policy concerning determination of availability statements?
(a)
Within 45 days after receipt of a letter from HUD pursuant to § 102-75.1170(a), each landholding agency must transmit to HUD a statement of one of the following:
(iii)
The reasons why the property cannot be declared excess or made available for use to assist the homeless. The reasons given must be different than those listed as suitability criteria in § 102-75.1185.
(i)
A statement that there is no compelling Federal need for the property and that, therefore, the property will be determined surplus; or
(ii)
A statement that there is a further and compelling Federal need for the property (including a full explanation of such need) and that, therefore, the property is not presently available for use to assist the homeless.