Audit 305996

FY End
2022-09-30
Total Expended
$224.90M
Findings
10
Programs
7
Year: 2022 Accepted: 2024-05-10

Organization Exclusion Status:

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Contacts

Name Title Type
CJJGNN7KKH58 Eugene Jones Jr. Auditee
3407253199 George S Willie Auditor
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Notes to SEFA

Title: NOTE 1 - REPORTING ENTITY Accounting Policies: NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting and reporting policies of the Authority are set forth below: a. Basis of Presentation: The accompanying Schedule of Expenditures of Federal Awards is presented on a cash basis. b. Basis of Accounting: The financial statements of the Authority are presented using the accrual basis of accounting. The Authority’s accounting system provides the primary information from which the Schedule is prepared. c. Expenditures reported on the Schedule are reported on the cash basis of accounting with the following modifications. For the Disaster Grants – Public Assistance – (Presidentially Declared Disasters) – CFDA 97.036, expenditures are included on the FY 2022 SEFA if they meet the following requirements: • Were part of an approved Project Worksheet (PW) • Were approved by the Department of Homeland Security – Federal Emergency Management Agency • Were paid by the Authority by September 30, 2022 Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. De Minimis Rate Used: N Rate Explanation: NOTE 5 INDIRECT COSTS The Authority has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes all the activity of all federal award programs administered by the Virgin Islands Housing Finance Authority (the Authority) as of and for the year ended September 30, 2022, exclusive of all other component units of the Government of the U.S. Virgin Islands. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the Authority, it is not intended to add and does not present the financial position, changes in net position, or cash flows of the Authority. The Schedule includes all federal awards received directly from Federal agencies and awards passed through other agencies.
Title: NOTE 3 - FEDERAL COST SHARING (MATCH) Accounting Policies: NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting and reporting policies of the Authority are set forth below: a. Basis of Presentation: The accompanying Schedule of Expenditures of Federal Awards is presented on a cash basis. b. Basis of Accounting: The financial statements of the Authority are presented using the accrual basis of accounting. The Authority’s accounting system provides the primary information from which the Schedule is prepared. c. Expenditures reported on the Schedule are reported on the cash basis of accounting with the following modifications. For the Disaster Grants – Public Assistance – (Presidentially Declared Disasters) – CFDA 97.036, expenditures are included on the FY 2022 SEFA if they meet the following requirements: • Were part of an approved Project Worksheet (PW) • Were approved by the Department of Homeland Security – Federal Emergency Management Agency • Were paid by the Authority by September 30, 2022 Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. De Minimis Rate Used: N Rate Explanation: NOTE 5 INDIRECT COSTS The Authority has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The Federal Emergency Management Agency (FEMA), in partnership with the Department of Housing and Urban Development (HUD), authorized the Authority to use Community Development Block Grant-Disaster Recovery (CDBG-DR) funds as the non-federal cost share (Local Match) for FEMA’s Public Assistance (PA) program; in accordance with HUD Notice CPD-20-10, issued October 14, 2020.
Title: NOTE 4 - HOME INVESTMENT PARTNERSHIPS LOAN PROGRAM (CFDA 14.239) Accounting Policies: NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting and reporting policies of the Authority are set forth below: a. Basis of Presentation: The accompanying Schedule of Expenditures of Federal Awards is presented on a cash basis. b. Basis of Accounting: The financial statements of the Authority are presented using the accrual basis of accounting. The Authority’s accounting system provides the primary information from which the Schedule is prepared. c. Expenditures reported on the Schedule are reported on the cash basis of accounting with the following modifications. For the Disaster Grants – Public Assistance – (Presidentially Declared Disasters) – CFDA 97.036, expenditures are included on the FY 2022 SEFA if they meet the following requirements: • Were part of an approved Project Worksheet (PW) • Were approved by the Department of Homeland Security – Federal Emergency Management Agency • Were paid by the Authority by September 30, 2022 Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. De Minimis Rate Used: N Rate Explanation: NOTE 5 INDIRECT COSTS The Authority has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The HOME Investment Partnerships loan program listed on the Schedule is administered directly by the Authority and balances and transactions relating to this program are included in the Authority’s basic financial statements. The amount outstanding at the beginning of the year was $4,009,087 which is reported as an expenditure of Federal awards and reported in the Schedule of Expenditures of Federal Awards. As of September 30, 2022, the loan balance for the HOME Investment Partnership Program was $3,707,729.
Title: NOTE 6 - RELATIONSHIP TO FEDERAL FINANCIAL REPORTS Accounting Policies: NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting and reporting policies of the Authority are set forth below: a. Basis of Presentation: The accompanying Schedule of Expenditures of Federal Awards is presented on a cash basis. b. Basis of Accounting: The financial statements of the Authority are presented using the accrual basis of accounting. The Authority’s accounting system provides the primary information from which the Schedule is prepared. c. Expenditures reported on the Schedule are reported on the cash basis of accounting with the following modifications. For the Disaster Grants – Public Assistance – (Presidentially Declared Disasters) – CFDA 97.036, expenditures are included on the FY 2022 SEFA if they meet the following requirements: • Were part of an approved Project Worksheet (PW) • Were approved by the Department of Homeland Security – Federal Emergency Management Agency • Were paid by the Authority by September 30, 2022 Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. De Minimis Rate Used: N Rate Explanation: NOTE 5 INDIRECT COSTS The Authority has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The regulations and guidelines governing the preparation of Federal financial reports vary by Federal agency and among programs administered by the same agency. Accordingly, the amounts reported in the Federal financial reports do not necessarily agree with the amounts reported in the accompanying Schedule, which are prepared based on the basis explained in Note 3.
Title: NOTE 7 - CONTINGENCIES AND UNCERTAINTIES Accounting Policies: NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting and reporting policies of the Authority are set forth below: a. Basis of Presentation: The accompanying Schedule of Expenditures of Federal Awards is presented on a cash basis. b. Basis of Accounting: The financial statements of the Authority are presented using the accrual basis of accounting. The Authority’s accounting system provides the primary information from which the Schedule is prepared. c. Expenditures reported on the Schedule are reported on the cash basis of accounting with the following modifications. For the Disaster Grants – Public Assistance – (Presidentially Declared Disasters) – CFDA 97.036, expenditures are included on the FY 2022 SEFA if they meet the following requirements: • Were part of an approved Project Worksheet (PW) • Were approved by the Department of Homeland Security – Federal Emergency Management Agency • Were paid by the Authority by September 30, 2022 Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. De Minimis Rate Used: N Rate Explanation: NOTE 5 INDIRECT COSTS The Authority has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The Authority is subject to audits by funding sources to determine compliance with grant conditions. In the event that expenditures would be disallowed, repayment could be required. Management believes that the impact of any disallowed grant expenditures would not have a material adverse effect on the Authority’s financial position, changes in net position, or liquidity. In December 2017, the Federal Emergency Management Agency (FEMA) appointed The Authority and its executive director as the “Lead Territorial Representative” on the Unified Housing Task Force, a collaborative effort between the Government of the U.S. Virgin Islands and FEMA to implement the Sheltering and Temporary Essential Power (STEP) Pilot Program in the Territory. The Authority continues to work with FEMA, other partners, and outside contractors to tabulate eligible costs, obligate additional funds, if applicable, and close out the Project Worksheet/grant awards under PW100 and PW273. During the fiscal year 2021, the Government of the Virgin Islands and the Authority received a determination from FEMA of the results of reviews related to Public Assistance (PA) funds for the STEP program under PW273. As a result of the reviews performed, FEMA issued a determination that asserts that certain expenditures are being considered for disallowance. The Authority has appealed and provided additional information and clarification to FEMA for PW273. On October 13, 2022, FEMA issued a response to VIHFA’s first appeal and approved the appeal in part and denied it in part. FEMA amended PW273 by obligating additional funding of $8,543,658.91 and denies funding totaling $76,836,540.57. The reviews and the appeal process are ongoing. The Authority is unable to determine the materiality of the final determination of the potential disallowance and the impact on its financial position. In May 2021, the Territory received federal funding from the United States Department of Treasury in the sum of $21.3M for Emergency Rental Assistance (ERAI) to be administered by the Virgin Islands Housing Finance Authority (VIHFA). The funding was earmarked to assist individuals and families who were financially impacted by COVID-19 by providing emergency rental assistance to mitigate the displacement of qualifying populations at risk for homelessness and eviction. Qualifying assistance included rental and utility arrears payments, prospective rent payments, and other expenses related to eviction prevention and housing stability services. In June of 2022, the Treasury determined that the Territory had excess unobligated funds and recaptured $16,382,569 of the initial $21.3M referenced above. The Territory was not eligible to apply for reallocation of ERA1 funds; funds were recaptured in June of 2022. The program expired in September 2022. Program expenses incurred subsequent to September 30, 2022, have been charged to ERA1ERA2, as discussed below. In 2022, the Territory received 80% of the allocated award ($18.1M) from the United States Department of Treasury in the sum of $14.9M for ERA1ERA2. In May 2022, VIHFA awarded Plexos Group, LLC, a one-year professional services contract to provide case management service to facilitate the timely processing of applications and to reduce the backlog of pending applications for the ERA Program. In May 2023, VIHFA executed a subrecipient award agreement with Legal Services of the Virgin Islands in the amount of $1.4M to administer the Territory’s Housing Stability and Eviction Prevention Services Program (HSEPS). VIHFA has obligated approximately $9.8M and expended approximately $8.4M of the ERA2 funding. VIHFA anticipates successfully processing all new and pending applications prior to the expiration of ERA1ERA2 on September 30, 2025.

Finding Details

Finding Number: 2022-003 Prior Year Finding Number: N/A Compliance Requirement: Eligibility Program: U.S. Department of the Treasury Emergency Rental Assistance (ERA) Program AL #: 21.023 Award #: ERA1 and ERA2 Grant Award Period: 01/11/2021 to 09/30/2022 (ERA1) and 06/08/2021 to 09/30/2025 (ERA2) Award Year: 10/01/2021 to 09/30/2022 Criteria – The Uniform Guidance in 2 CFR Section 200.303 requires that non-Federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to reasonably ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Per section 501(k)(3)(A) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020), which established ERA1, and per section 3201(e)(3)(f)(2) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), which established ERA2, a grantee may only use the funds provided in the ERA to provide financial assistance and housing stability services to eligible households An eligible household is defined as a household of 1 or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the eligible grantee involved determines— (i) that 1 or more individuals within the household has (I) qualified for unemployment benefits or (II) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, which the applicant shall attest in writing; (ii) that 1 or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability, which may include— (I) a past due utility or rent notice or eviction notice; (II) unsafe or unhealthy living conditions; or (III) any other evidence of such risk, as determined by the eligible grantee involved; and (iii) the household has a household income that is not more than 80 percent of the area median income for the household. Condition – During our testing of beneficiary eligibility compliance requirements of the Emergency Rental Assistance (ERA) program, we tested 60 assistance payments (48 of the assistance payments included in the Activities Allowed or Unallowed and Allowable Costs/Cost Principles sample and an additional 12 assistance payments). For the 48 assistance payments tested in the Activities Allowed or Unallowed and Allowable Costs/Cost Principles sample, we noted that for 31 out of the 48 assistance payments, all required supporting documentation to determine eligibility requirements were not represented at the time of testing. For the 12 additional assistance payments tested, no supporting documentation was provided at the time of testing. We were, therefore, unable to determine whether eligibility requirements were met. Questioned Costs – Undeterminable Context – This is a condition identified per review of VIHFA’ compliance with specified requirements using a statistically valid sample. Effect – Without proper maintenance of documentation to support eligibility determinations, ineligible beneficiaries may receive benefits under the ERA grant, and VIHFA may make payments on behalf of those beneficiaries, resulting in noncompliance with the eligibility requirements. Cause – We understand that the Authority relied on additional documentation from the USVI Department of Human Services regarding eligibility documentation from other programs, such as SNAP and TANF, to determine an applicant’s eligibility for the ERA grant. However, the Authority should consistently maintain any supporting documentation used to satisfy the eligibility requirement. Recommendation – We recommend that VIHFA strengthen its existing policies and procedures for reviewing and maintaining of appropriate documentation to ensure compliance with eligibility requirements. Views of Responsible Officials and Planned Corrective Actions – Over the course of the ERAP Program, Treasury made several modifications to the documentation requirements to include the recognition of proxy eligibility determinants (such as SNAP’s eligibility, TANF’s eligibility) and the use of self-attestation. In certain cases, these served to negate the need for the collection of other income documentation. Corrective Action Date: March 2023
Finding Number: 2022-004 Prior Year Finding Number: N/A Compliance Requirement: Reporting and Special Tests and Provisions - #2 ERA Funds Reallocation Program: U.S. Department of the Treasury Emergency Rental Assistance (ERA) Program AL #: 21.023 Award #: ERA1 and ERA2 Grant Award Period: 01/11/2021 to 09/30/2022 (ERA1) and 06/08/2021 to 09/30/2025 (ERA2) Award Year: 10/01/2021 to 09/30/2022 Criteria – The Uniform Guidance in 2 CFR Section 200.303 requires that non-Federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to reasonably ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award Per review of the 2022 Compliance Supplement, grantees are required to submit reports in accordance with the guidance beginning in the first quarter of 2021 through September of 2022 for ERA1 (and December 2022 for recipients receiving reallocated funds) and through September of 2025 for ERA2. ERA1 grantees—excluding Indian tribes, tribally designated housing entities, and the Department of Hawaiian Home Lands consistent with the reporting allowances provided in section 501(g) of the Consolidated Appropriations Act, 2021—are required to submit monthly reports. The key lines on the monthly reports form are: 1. Total number of participating households that received ERA assistance of any kind; and 2. Total amount of ERA funds expended by the ERA grantee to or for participating households on behalf of eligible households. This is a key line item because it feeds into Treasury’s reallocation formula, as detailed in guidance at Treasury.gov. Per review of the Emergency Rental Assistance Program (ERA2) Reporting Guidance, each ERA2 Recipient must submit cumulative quarterly and final reports. The key line items in the form are: 1. The cumulative amount obligated by the grantee; and 2. The cumulative amount expended by the grantee For the Special Tests and Provisions compliance requirement for ERA Funds Reallocation, pursuant to section 501(d) of the Consolidated Appropriations Act, 2021, the Treasury is required to reallocate “excess” ERA1 award funds. Treasury’s objective in reallocations is to ensure ERA1 award funds remain available to grantees in accordance with their jurisdictional needs and demonstrated capacity to deliver assistance while the ERA appropriations remain available. Treasury’s ERA1 reallocation guidance on Treasury.gov describes how grantees that have expenditure ratios below designated thresholds as of September 30, 2021, were subject to involuntary recapture, in the absence of mitigating actions, requiring the grantee to return funds to Treasury within the provided timeframes. For the first assessment using data as of September 30, 2021, grantees could mitigate the impact of recapture by submitting a certification that the grantee’s financial assistance activity had since increased to a level beyond the minimum threshold, committing to a voluntary reallocation, or by providing a Performance Improvement Plan. Per the U.S. Department of the Treasury, Emergency Rental Assistance Under the Consolidated Appropriations Act, 2021 Reallocation Guidance “A Grantee whose Expenditure Ratio is below 30% for the First Assessment will be considered to have excess funds. Beginning with the 30% threshold established for September 2021, the minimum Expenditure Ratio will increase by 5% each calendar month (and, as indicated above, assessments will occur approximately every two months). For each g whose Expenditure Ratio is below the then-applicable minimum threshold at the time of an assessment, Treasury will calculate the grantee’s amount of excess funds as the difference between (i) the amount of expenditures needed for the grantee to achieve the minimum Expenditure Ratio applicable to that assessment and (ii) the grantee’s reported total assistance expenditures. As a result, the amount subject to recapture will be less for grantees whose Expenditure Ratios are closer to the minimum.” Per the 2022 Compliance Supplement, “the financial information certified as part of reallocation includes monthly expenditure and cumulative obligations levels, as described in the Treasury reallocation guidance. ERA1 expenditures reported monthly by the grantee are inputs to the Treasury’s reallocation expenditure ratio. ERA1 obligations certified in the Request for Reallocated Funds form (1505-0266), including in the Request for Voluntarily Reallocated Funds, are inputs into determining eligibility to receive reallocated funds. The reallocation expenditure ratio determines whether the grantee is subject to involuntary reallocation due to an insufficient ratio and the amount of excess funds subject to recapture by the Treasury. Condition – During the testing of the reporting requirements over the ERA Monthly Reports (1505-0266), we noted that for five (5) of the six (6) monthly reports tested for the ERA1 and ERA2 grants, supporting documentation was not provided at the time of testing to validate the “Number of Unique Households that Received ERA Assistance of Any Kind in the Reporting Period” reported on the monthly reports. In addition, for four (4) of these reports, supporting documentation was not provided to validate the “Total amount of ERA funds expended by the ERA grantee to or for participating households on behalf of eligible households” as reported on the report. During the testing of the reporting requirements over the ERA Quarterly Reports (1505-0266), we noted that for three (3) of the three (3) quarters tested for the ERA1 and ERA2 grants, supporting documentation was not provided at the time of testing to validate the cumulative amount obligated by the grantee reported on the quarterly reports. In addition, for one (1) of the three quarters, supporting documentation was not provided to validate the cumulative amount expended by the grantee. Further, for one (1) of these three (3) quarterly reports tested, supporting documentation was not provided to verify that the report was reviewed by the authorized personnel prior to submission to the federal grantor. We further noted that during the testing of the Special Tests and Provisions - ERA Funds Reallocation, supporting documentation was not provided to validate that the ERA1 expenditures reported monthly by the grantee through March 2022 (which are inputs to Treasury’s reallocation expenditure ratio) were accurate and supported by incurred expenditures. Questioned Costs – Undeterminable. Context – This condition is identified per review of VIHFA’ compliance with specified requirements. Effect – Without proper internal controls and policies and procedures in place over the review and approval of the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports, the ERA program may not report amounts that are supported by the expenditures incurred in the fiscal year 2022. In addition, failure to properly maintain underlying supporting documentation may affect the federal grantor’s reallocation calculation. Cause – Management did not have proper internal controls and policies and procedures in place over the review and approval of the ERA report to ensure that amounts are properly reported. In addition, supporting documentation was not provided for the Key Line Items reported on the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports. Recommendation – We recommend that VIHFA strengthen its policies, procedures, and controls over the review and approval of the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports to ensure that amounts reported for each grant are accurate for the ERA report prior to approval. In addition, we recommend that VIHFA adequately retain support for the information reported in the Key Line Items for the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports. Views of Responsible Officials and Planned Corrective Actions – The information provided in the reports were compiled using data from different sources: demographic information from HMIS and program expenditures from SAP. `The source data exists, but the working papers were not retained. Since the onboarding of the ARP Administrator, VIHFA improved its process through the creation of the Master Tracker (spreadsheet), which is updated daily and tracks each application and client file submitted for review. Going forward the Master Tracker is now used as the basis for reporting. Corrective Action Date: March 2023
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.
Finding Number: 2022-003 Prior Year Finding Number: N/A Compliance Requirement: Eligibility Program: U.S. Department of the Treasury Emergency Rental Assistance (ERA) Program AL #: 21.023 Award #: ERA1 and ERA2 Grant Award Period: 01/11/2021 to 09/30/2022 (ERA1) and 06/08/2021 to 09/30/2025 (ERA2) Award Year: 10/01/2021 to 09/30/2022 Criteria – The Uniform Guidance in 2 CFR Section 200.303 requires that non-Federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to reasonably ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Per section 501(k)(3)(A) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020), which established ERA1, and per section 3201(e)(3)(f)(2) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), which established ERA2, a grantee may only use the funds provided in the ERA to provide financial assistance and housing stability services to eligible households An eligible household is defined as a household of 1 or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the eligible grantee involved determines— (i) that 1 or more individuals within the household has (I) qualified for unemployment benefits or (II) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, which the applicant shall attest in writing; (ii) that 1 or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability, which may include— (I) a past due utility or rent notice or eviction notice; (II) unsafe or unhealthy living conditions; or (III) any other evidence of such risk, as determined by the eligible grantee involved; and (iii) the household has a household income that is not more than 80 percent of the area median income for the household. Condition – During our testing of beneficiary eligibility compliance requirements of the Emergency Rental Assistance (ERA) program, we tested 60 assistance payments (48 of the assistance payments included in the Activities Allowed or Unallowed and Allowable Costs/Cost Principles sample and an additional 12 assistance payments). For the 48 assistance payments tested in the Activities Allowed or Unallowed and Allowable Costs/Cost Principles sample, we noted that for 31 out of the 48 assistance payments, all required supporting documentation to determine eligibility requirements were not represented at the time of testing. For the 12 additional assistance payments tested, no supporting documentation was provided at the time of testing. We were, therefore, unable to determine whether eligibility requirements were met. Questioned Costs – Undeterminable Context – This is a condition identified per review of VIHFA’ compliance with specified requirements using a statistically valid sample. Effect – Without proper maintenance of documentation to support eligibility determinations, ineligible beneficiaries may receive benefits under the ERA grant, and VIHFA may make payments on behalf of those beneficiaries, resulting in noncompliance with the eligibility requirements. Cause – We understand that the Authority relied on additional documentation from the USVI Department of Human Services regarding eligibility documentation from other programs, such as SNAP and TANF, to determine an applicant’s eligibility for the ERA grant. However, the Authority should consistently maintain any supporting documentation used to satisfy the eligibility requirement. Recommendation – We recommend that VIHFA strengthen its existing policies and procedures for reviewing and maintaining of appropriate documentation to ensure compliance with eligibility requirements. Views of Responsible Officials and Planned Corrective Actions – Over the course of the ERAP Program, Treasury made several modifications to the documentation requirements to include the recognition of proxy eligibility determinants (such as SNAP’s eligibility, TANF’s eligibility) and the use of self-attestation. In certain cases, these served to negate the need for the collection of other income documentation. Corrective Action Date: March 2023
Finding Number: 2022-004 Prior Year Finding Number: N/A Compliance Requirement: Reporting and Special Tests and Provisions - #2 ERA Funds Reallocation Program: U.S. Department of the Treasury Emergency Rental Assistance (ERA) Program AL #: 21.023 Award #: ERA1 and ERA2 Grant Award Period: 01/11/2021 to 09/30/2022 (ERA1) and 06/08/2021 to 09/30/2025 (ERA2) Award Year: 10/01/2021 to 09/30/2022 Criteria – The Uniform Guidance in 2 CFR Section 200.303 requires that non-Federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to reasonably ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award Per review of the 2022 Compliance Supplement, grantees are required to submit reports in accordance with the guidance beginning in the first quarter of 2021 through September of 2022 for ERA1 (and December 2022 for recipients receiving reallocated funds) and through September of 2025 for ERA2. ERA1 grantees—excluding Indian tribes, tribally designated housing entities, and the Department of Hawaiian Home Lands consistent with the reporting allowances provided in section 501(g) of the Consolidated Appropriations Act, 2021—are required to submit monthly reports. The key lines on the monthly reports form are: 1. Total number of participating households that received ERA assistance of any kind; and 2. Total amount of ERA funds expended by the ERA grantee to or for participating households on behalf of eligible households. This is a key line item because it feeds into Treasury’s reallocation formula, as detailed in guidance at Treasury.gov. Per review of the Emergency Rental Assistance Program (ERA2) Reporting Guidance, each ERA2 Recipient must submit cumulative quarterly and final reports. The key line items in the form are: 1. The cumulative amount obligated by the grantee; and 2. The cumulative amount expended by the grantee For the Special Tests and Provisions compliance requirement for ERA Funds Reallocation, pursuant to section 501(d) of the Consolidated Appropriations Act, 2021, the Treasury is required to reallocate “excess” ERA1 award funds. Treasury’s objective in reallocations is to ensure ERA1 award funds remain available to grantees in accordance with their jurisdictional needs and demonstrated capacity to deliver assistance while the ERA appropriations remain available. Treasury’s ERA1 reallocation guidance on Treasury.gov describes how grantees that have expenditure ratios below designated thresholds as of September 30, 2021, were subject to involuntary recapture, in the absence of mitigating actions, requiring the grantee to return funds to Treasury within the provided timeframes. For the first assessment using data as of September 30, 2021, grantees could mitigate the impact of recapture by submitting a certification that the grantee’s financial assistance activity had since increased to a level beyond the minimum threshold, committing to a voluntary reallocation, or by providing a Performance Improvement Plan. Per the U.S. Department of the Treasury, Emergency Rental Assistance Under the Consolidated Appropriations Act, 2021 Reallocation Guidance “A Grantee whose Expenditure Ratio is below 30% for the First Assessment will be considered to have excess funds. Beginning with the 30% threshold established for September 2021, the minimum Expenditure Ratio will increase by 5% each calendar month (and, as indicated above, assessments will occur approximately every two months). For each g whose Expenditure Ratio is below the then-applicable minimum threshold at the time of an assessment, Treasury will calculate the grantee’s amount of excess funds as the difference between (i) the amount of expenditures needed for the grantee to achieve the minimum Expenditure Ratio applicable to that assessment and (ii) the grantee’s reported total assistance expenditures. As a result, the amount subject to recapture will be less for grantees whose Expenditure Ratios are closer to the minimum.” Per the 2022 Compliance Supplement, “the financial information certified as part of reallocation includes monthly expenditure and cumulative obligations levels, as described in the Treasury reallocation guidance. ERA1 expenditures reported monthly by the grantee are inputs to the Treasury’s reallocation expenditure ratio. ERA1 obligations certified in the Request for Reallocated Funds form (1505-0266), including in the Request for Voluntarily Reallocated Funds, are inputs into determining eligibility to receive reallocated funds. The reallocation expenditure ratio determines whether the grantee is subject to involuntary reallocation due to an insufficient ratio and the amount of excess funds subject to recapture by the Treasury. Condition – During the testing of the reporting requirements over the ERA Monthly Reports (1505-0266), we noted that for five (5) of the six (6) monthly reports tested for the ERA1 and ERA2 grants, supporting documentation was not provided at the time of testing to validate the “Number of Unique Households that Received ERA Assistance of Any Kind in the Reporting Period” reported on the monthly reports. In addition, for four (4) of these reports, supporting documentation was not provided to validate the “Total amount of ERA funds expended by the ERA grantee to or for participating households on behalf of eligible households” as reported on the report. During the testing of the reporting requirements over the ERA Quarterly Reports (1505-0266), we noted that for three (3) of the three (3) quarters tested for the ERA1 and ERA2 grants, supporting documentation was not provided at the time of testing to validate the cumulative amount obligated by the grantee reported on the quarterly reports. In addition, for one (1) of the three quarters, supporting documentation was not provided to validate the cumulative amount expended by the grantee. Further, for one (1) of these three (3) quarterly reports tested, supporting documentation was not provided to verify that the report was reviewed by the authorized personnel prior to submission to the federal grantor. We further noted that during the testing of the Special Tests and Provisions - ERA Funds Reallocation, supporting documentation was not provided to validate that the ERA1 expenditures reported monthly by the grantee through March 2022 (which are inputs to Treasury’s reallocation expenditure ratio) were accurate and supported by incurred expenditures. Questioned Costs – Undeterminable. Context – This condition is identified per review of VIHFA’ compliance with specified requirements. Effect – Without proper internal controls and policies and procedures in place over the review and approval of the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports, the ERA program may not report amounts that are supported by the expenditures incurred in the fiscal year 2022. In addition, failure to properly maintain underlying supporting documentation may affect the federal grantor’s reallocation calculation. Cause – Management did not have proper internal controls and policies and procedures in place over the review and approval of the ERA report to ensure that amounts are properly reported. In addition, supporting documentation was not provided for the Key Line Items reported on the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports. Recommendation – We recommend that VIHFA strengthen its policies, procedures, and controls over the review and approval of the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports to ensure that amounts reported for each grant are accurate for the ERA report prior to approval. In addition, we recommend that VIHFA adequately retain support for the information reported in the Key Line Items for the ERA Monthly (1505-0266) and ERA Quarterly (1505-0266) reports. Views of Responsible Officials and Planned Corrective Actions – The information provided in the reports were compiled using data from different sources: demographic information from HMIS and program expenditures from SAP. `The source data exists, but the working papers were not retained. Since the onboarding of the ARP Administrator, VIHFA improved its process through the creation of the Master Tracker (spreadsheet), which is updated daily and tracks each application and client file submitted for review. Going forward the Master Tracker is now used as the basis for reporting. Corrective Action Date: March 2023
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.
Finding Number: 2022-005 Prior Year Finding Number: 2021-004 Compliance Requirement: Data Collection Form and Single Audit Reporting Package Program: Community Development Block Grants/State’s Program And Non-Entitlement Grants In Hawaii (Community Development Block Grant – Disaster Recovery Assistance Grant) AL #: 14.228 Program: Emergency Rental Assistance (ERA) Program AL #: 21.023 Program: Disaster Grants – Public Assistance – (Presidentially Declared Disasters) AL #: 97.036 Criteria – The Uniform Guidance in 2 CFR Section 200.512, Report Submission, establishes that the audit shall be completed and the data collection form and reporting package shall be submitted to the Federal Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor’s report or nine (9) months after the end of the audit period unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Condition – The Authority did not comply with the required submission date of the data collection form and reporting package to the F AC for the fiscal year ended September 30, 2022. Questioned Costs – Not applicable. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Effect – The Authority could be exposed to a reduction or elimination of funds by the Federal awarding agencies. Cause – The Authority did not have the necessary resources to facilitate and ensure that the reporting package was submitted to the FAC within the required timeframe. Recommendation – We recommend that the Authority enhance its staffing levels and controls to ensure the reporting package is submitted to the FAC annually and within the required timeframe. Views of Responsible Officials – The Authority concurs with the auditor’s findings and recommendations. The planned corrective action is presented in the Authority’s Corrective Action Plan, attached is Appendix B to the Single Audit report.