Audit 326223

FY End
2024-06-30
Total Expended
$9.62M
Findings
24
Programs
2
Year: 2024 Accepted: 2024-10-28
Auditor: Cohnreznick LLP

Organization Exclusion Status:

Checking exclusion status...

Findings

ID Ref Severity Repeat Requirement
503934 2024-001 Material Weakness Yes E
503935 2024-001 Material Weakness Yes E
503936 2024-002 Material Weakness - P
503937 2024-002 Material Weakness - P
503938 2024-003 Material Weakness - P
503939 2024-003 Material Weakness - P
503940 2024-004 Material Weakness - P
503941 2024-004 Material Weakness - P
503942 2024-005 Material Weakness - A
503943 2024-005 Material Weakness - A
503944 2024-006 Material Weakness - P
503945 2024-006 Material Weakness - P
1080376 2024-001 Material Weakness Yes E
1080377 2024-001 Material Weakness Yes E
1080378 2024-002 Material Weakness - P
1080379 2024-002 Material Weakness - P
1080380 2024-003 Material Weakness - P
1080381 2024-003 Material Weakness - P
1080382 2024-004 Material Weakness - P
1080383 2024-004 Material Weakness - P
1080384 2024-005 Material Weakness - A
1080385 2024-005 Material Weakness - A
1080386 2024-006 Material Weakness - P
1080387 2024-006 Material Weakness - P

Programs

ALN Program Spent Major Findings
14.157 Supportive Housing for the Elderly $9.25M Yes 6
14.157 Supportive Housing for the Elderly ("prac") $367,968 Yes 6

Contacts

Name Title Type
JRMMAJQLFM55 Tiffany Nicolette Auditee
4105915585 Shari Grabush Auditor
No contacts on file

Notes to SEFA

Title: Note 1 - Basis of presentation Accounting Policies: Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following, as applicable, 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: The Harry and Jeanette Weinberg Village III, Inc. 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 the federal award activity of The Harry and Jeanette Weinberg Village III, Inc., HUD Project No.052- EE054, under programs of the federal government for the year ended June 30, 2024. 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 Harry and Jeanette Weinberg Village III, Inc., it is not intended to and does not present the financial position, changes in net assets, or cash flows of The Harry and Jeanette Weinberg Village III, Inc. For the year ended June 30, 2024, no awards were passed through to subrecipients.
Title: Note 2 - Summary of significant accounting policies Accounting Policies: Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following, as applicable, 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: The Harry and Jeanette Weinberg Village III, Inc. has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following, as applicable, the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.
Title: Note 3 - Indirect cost rate Accounting Policies: Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following, as applicable, 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: The Harry and Jeanette Weinberg Village III, Inc. has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The Harry and Jeanette Weinberg Village III, Inc. has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance.
Title: Note 4 - U.S. Department of Housing and Urban Development capital advance program Accounting Policies: Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following, as applicable, 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: The Harry and Jeanette Weinberg Village III, Inc. has elected not to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance. The Organization entered into a capital advance agreement with HUD to assist in financing the Organization under Section 202 of the National Housing Act in the amount of $9,249,000. The capital advance is secured by a mortgage on the property and was recorded as grant revenue in prior years. The entire amount of the capital advance is included in federal expenditures presented in the Schedule. The Organization received no additional advances during the year. The capital advance does not bear interest and is not required to be repaid as long as the housing remains available to eligible low-income elderly persons for at least 40 years. Failure to keep the housing available for low-income elderly persons or other instances of default under the terms of the mortgage, capital advance agreement or regulatory agreement could cause the entire amount of the capital advance to be immediately payable, including interest from the date of the first advance. The capital advance restrictions expire in 2047. The capital advance is secured by a first deed of trust on the Project. The restrictions on this grant are being released as a net asset without donor restrictions on a straight-line basis over its term. See below for a reconciliation between the original capital advance and the amount shown as net assets with donor restrictions as of June 30, 2024 on the statement of financial position:

Finding Details

Criteria Tenant lease files are required to be maintained and tenant eligibility determined in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Condition In connection with our lease file review we noted the following deficiencies: - Five out of 10 existing tenants tested did not follow EIV guidelines; - Two out of 10 existing tenants had issues where the files were not maintained in accordance with guidelines; - One out of one former tenant had an issue where the file was not maintained in accordance with guidelines; and - One out of one new tenant tested did not follow EIV guidelines. Cause Management's policies with respect to the maintenance of tenant lease files in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs were not consistently followed. Effect or Potential Effect The procedures for determining tenant security deposits and eligibility and maintaining tenant lease files were not consistently applied in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. This could result in units being rented to ineligible tenants or errors in the rent subsidies paid by HUD. Identification as a Repeat Finding This is a repeat finding. Recommendation Management should establish procedures and monitor compliance with those procedures to ensure that tenant security deposits are correctly recorded, tenant eligibility is correctly determined and that tenant lease files are properly maintained in accordance with the requirements of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Views of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirements. 1. Move in EIV's - All move in files will be sent to our in house compliance department and Franklin Group has an EIV specialist who follows and tracks all moves for accuracy for all move files and the EIV specialist also sends out the 90-day reminders for all move in. 2. Existing Tenant EIV - It is the policy that all existing tenant EIV and 120-day reports are run per the 4350 guidelines. The Community Manager for Renaissance Gardens has been provided the HUD Trainings and has noted on her daily task reminder from One Site to pull all reports as required. The RM is required during monthly visits to spot check at least five existing tenants. 3. Gross Rent Change and Medical Reporting - The policy states that all Gross Rent Changes are to be completed as approved by the new rent schedule - The Community Manager is required to scheduled appointments with all residents to sign the effective gross rent change and file in tenants files, it is also required that residents 50059s are signed and in the file, the Community Manager has taken the latest HUD training with our in house HUD Compliance Manager - The Regional Manager ("RM") will also spot check files to be certain that all Gross Rent Changes are in its 6-part file folders. Medical reporting records were discussed in our HUD Compliance Training and all expenses must be in the 6-part file folder. Again, the RM will continue to spot check files during the monthly required inspections. All HUD Communities were required to participate in the HUD Training as a reminder tool. 4. Security Deposit - Franklin Companies has a policy that all security deposit refunds must be submitted within the three-day move out period. This situation was due to the changeover in Management.
Criteria Tenant lease files are required to be maintained and tenant eligibility determined in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Condition In connection with our lease file review we noted the following deficiencies: - Five out of 10 existing tenants tested did not follow EIV guidelines; - Two out of 10 existing tenants had issues where the files were not maintained in accordance with guidelines; - One out of one former tenant had an issue where the file was not maintained in accordance with guidelines; and - One out of one new tenant tested did not follow EIV guidelines. Cause Management's policies with respect to the maintenance of tenant lease files in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs were not consistently followed. Effect or Potential Effect The procedures for determining tenant security deposits and eligibility and maintaining tenant lease files were not consistently applied in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. This could result in units being rented to ineligible tenants or errors in the rent subsidies paid by HUD. Identification as a Repeat Finding This is a repeat finding. Recommendation Management should establish procedures and monitor compliance with those procedures to ensure that tenant security deposits are correctly recorded, tenant eligibility is correctly determined and that tenant lease files are properly maintained in accordance with the requirements of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Views of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirements. 1. Move in EIV's - All move in files will be sent to our in house compliance department and Franklin Group has an EIV specialist who follows and tracks all moves for accuracy for all move files and the EIV specialist also sends out the 90-day reminders for all move in. 2. Existing Tenant EIV - It is the policy that all existing tenant EIV and 120-day reports are run per the 4350 guidelines. The Community Manager for Renaissance Gardens has been provided the HUD Trainings and has noted on her daily task reminder from One Site to pull all reports as required. The RM is required during monthly visits to spot check at least five existing tenants. 3. Gross Rent Change and Medical Reporting - The policy states that all Gross Rent Changes are to be completed as approved by the new rent schedule - The Community Manager is required to scheduled appointments with all residents to sign the effective gross rent change and file in tenants files, it is also required that residents 50059s are signed and in the file, the Community Manager has taken the latest HUD training with our in house HUD Compliance Manager - The Regional Manager ("RM") will also spot check files to be certain that all Gross Rent Changes are in its 6-part file folders. Medical reporting records were discussed in our HUD Compliance Training and all expenses must be in the 6-part file folder. Again, the RM will continue to spot check files during the monthly required inspections. All HUD Communities were required to participate in the HUD Training as a reminder tool. 4. Security Deposit - Franklin Companies has a policy that all security deposit refunds must be submitted within the three-day move out period. This situation was due to the changeover in Management.
Criteria 1. Management is responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 2. Management is responsible for timely submission of audited financial statements to Federal Audit Clearinghouse ("FAC"). Condition 1. The accounting records required numerous material adjustments to be proposed and recorded in order for the financial statements to be fairly presented in accordance with generally accepted accounting principles in the United States of America. 2. Single Audit reports are required to be submitted to the FAC pursuant to the audit requirement of Title 2 U.S. Code of Federal Regulations Part 200. Submission of June 30, 2023 financial statements was not completed within specified time frame. Cause Management did not have sufficient controls over financial reporting. Effect or Potential Effect Condition 1 may lead to inaccurate financial reporting and potential misstatement of the financial statements such that they are not in accordance with accounting principles generally accepted in the United States of America. Condition 2 results in auditee being designated as not a lowrisk auditee, which may have an effect on future federal grants and program eligibility. Recommendation 1. Management should undertake a review of internal controls over financial reporting and ensure that financial data is properly recorded in the books and records of the project to prevent misstatements from occurring in the future. 2. Management should implement procedures to ensure that required filing is completed timely. Auditor Noncompliance Code S. Internal control deficiencies Views of Responsible Officials 1. Management agrees with the finding and recommendation and has implemented reviews of the financial statements by senior management prior to closing books to ensure accuracy of information. 2. Management agrees with the finding and recommendation and will ensure required filing is completed timely. Finding Resolution Status: Resolve
Criteria 1. Management is responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 2. Management is responsible for timely submission of audited financial statements to Federal Audit Clearinghouse ("FAC"). Condition 1. The accounting records required numerous material adjustments to be proposed and recorded in order for the financial statements to be fairly presented in accordance with generally accepted accounting principles in the United States of America. 2. Single Audit reports are required to be submitted to the FAC pursuant to the audit requirement of Title 2 U.S. Code of Federal Regulations Part 200. Submission of June 30, 2023 financial statements was not completed within specified time frame. Cause Management did not have sufficient controls over financial reporting. Effect or Potential Effect Condition 1 may lead to inaccurate financial reporting and potential misstatement of the financial statements such that they are not in accordance with accounting principles generally accepted in the United States of America. Condition 2 results in auditee being designated as not a lowrisk auditee, which may have an effect on future federal grants and program eligibility. Recommendation 1. Management should undertake a review of internal controls over financial reporting and ensure that financial data is properly recorded in the books and records of the project to prevent misstatements from occurring in the future. 2. Management should implement procedures to ensure that required filing is completed timely. Auditor Noncompliance Code S. Internal control deficiencies Views of Responsible Officials 1. Management agrees with the finding and recommendation and has implemented reviews of the financial statements by senior management prior to closing books to ensure accuracy of information. 2. Management agrees with the finding and recommendation and will ensure required filing is completed timely. Finding Resolution Status: Resolve
Criteria In accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD projects are required to establish and maintain at all times a fully funded separate bank account for tenant security deposits collected. Condition As of June 30, 2024, management has not fully funded the tenant security deposits cash account. The tenant security deposits cash account was underfunded by $3,391. Cause The tenant security deposits liability exceeds the tenant security deposits cash account by $3,391 as of June 30, 2024. Effect or Potential Effect Management commingled tenant security deposits with its operating cash and did not have sufficient cash balance in the tenant security deposits cash account to cover the tenant security deposits liability as of June 30, 2024. Questioned Costs $3,391 Identification as a Repeat Finding This finding is not a repeat finding. Recommendations Management should transfer $3,391 from the operating account in order to fully fund the tenant security deposits account. Auditor Noncompliance Code: M. Security Deposits View of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirement for security funding. Funds have been transferred and will be maintained based on HUD requirements in a separate account from operating funds. Finding Resolution Status: Resolved
Criteria In accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD projects are required to establish and maintain at all times a fully funded separate bank account for tenant security deposits collected. Condition As of June 30, 2024, management has not fully funded the tenant security deposits cash account. The tenant security deposits cash account was underfunded by $3,391. Cause The tenant security deposits liability exceeds the tenant security deposits cash account by $3,391 as of June 30, 2024. Effect or Potential Effect Management commingled tenant security deposits with its operating cash and did not have sufficient cash balance in the tenant security deposits cash account to cover the tenant security deposits liability as of June 30, 2024. Questioned Costs $3,391 Identification as a Repeat Finding This finding is not a repeat finding. Recommendations Management should transfer $3,391 from the operating account in order to fully fund the tenant security deposits account. Auditor Noncompliance Code: M. Security Deposits View of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirement for security funding. Funds have been transferred and will be maintained based on HUD requirements in a separate account from operating funds. Finding Resolution Status: Resolved
Criteria Residual receipts funds should be made within 90 days of year-end. Condition During the year ended June 30, 2024, management did not make the required residual receipts reserve deposit in the amount of $10,012 within 90 days of year-end, as required by HUD. Cause Controls were not in place to ensure that residual receipts funds were timely deposited. Effect or Potential Effect The Organization is not in compliance with the requirements of the regulatory agreement and of the Consolidated Appropriations Act of 2016, governing Residual Receipts for PRAC program. Questioned Costs $10,012 Identification as a Repeat Finding This is not a repeat finding. Recommendations Management should establish internal controls and procedures to ensure that excess residual receipts reserve funds are remitted timely. Auditor Noncompliance Code: B - Failure to make required residual receipts deposits. Views of Responsible Officials Management agrees with the finding and due to the property being short on funds, management will work with HUD on funding. Finding Resolution Status: In process
Criteria Residual receipts funds should be made within 90 days of year-end. Condition During the year ended June 30, 2024, management did not make the required residual receipts reserve deposit in the amount of $10,012 within 90 days of year-end, as required by HUD. Cause Controls were not in place to ensure that residual receipts funds were timely deposited. Effect or Potential Effect The Organization is not in compliance with the requirements of the regulatory agreement and of the Consolidated Appropriations Act of 2016, governing Residual Receipts for PRAC program. Questioned Costs $10,012 Identification as a Repeat Finding This is not a repeat finding. Recommendations Management should establish internal controls and procedures to ensure that excess residual receipts reserve funds are remitted timely. Auditor Noncompliance Code: B - Failure to make required residual receipts deposits. Views of Responsible Officials Management agrees with the finding and due to the property being short on funds, management will work with HUD on funding. Finding Resolution Status: In process
Criteria Management fee payments are limited to amounts determined in accordance with the terms of the HUD approved management agreement. Condition During the year ended June 30, 2024, the project paid management fees of $10,442 in excess of the amount approved by HUD. Cause There were two different management agreements and management did not follow the HUD approved management agreement when paying management fees from operations. Effect or Potential Effect The overpaid amount is an unauthorized distribution and therefore considered to be questioned costs. Questioned Costs $10,442 Identification as a Repeat Finding This is not a repeat finding. Recommendation The management company should reimburse the project for overpaid management fee in the amount of $10,442 and implement procedures to ensure that the management fee paid does not exceed the amount determined in accordance with the HUD approved management agreement. Auditor Noncompliance Code: J. Unauthorized management fees. Views of Responsible Officials Management agrees with the finding and is working with ownership on reimbursements to the property. Management will collect in accordance with HUD going forward. Finding Resolution Status: Unresolved
Criteria Management fee payments are limited to amounts determined in accordance with the terms of the HUD approved management agreement. Condition During the year ended June 30, 2024, the project paid management fees of $10,442 in excess of the amount approved by HUD. Cause There were two different management agreements and management did not follow the HUD approved management agreement when paying management fees from operations. Effect or Potential Effect The overpaid amount is an unauthorized distribution and therefore considered to be questioned costs. Questioned Costs $10,442 Identification as a Repeat Finding This is not a repeat finding. Recommendation The management company should reimburse the project for overpaid management fee in the amount of $10,442 and implement procedures to ensure that the management fee paid does not exceed the amount determined in accordance with the HUD approved management agreement. Auditor Noncompliance Code: J. Unauthorized management fees. Views of Responsible Officials Management agrees with the finding and is working with ownership on reimbursements to the property. Management will collect in accordance with HUD going forward. Finding Resolution Status: Unresolved
Criteria Management's internal control processes should include timely clearing out of reconciliating items on the reconciliation of the project's operating cash account. These reconciliations should be reviewed by a supervisory person who understands both the general ledger and project operations and can assist in researching and clearing out reconciling items. Condition There were material old items carried on the bank reconciliation that were not properly recorded, resulting in adjustments that ultimately lead to a bank overdraft at June 30, 2024. Cause Management carried reconciling items on the bank reconciliation longer than their policy. Effect or Potential Effect The cash balance reported on the project's books is not an accurate account of the actual cash balance which resulted in a bank overdraft. Additionally, there is a potential for fraudulent activity to not be timely identified and rectified due to the lack of enforcement of controls. Questioned Costs N/A Identification as a Repeat Finding This is not a repeat finding. Recommendation Management should ensure there is enough oversight by qualified accounting personnel who have the ability to research and resolve reconciling items. Additionally, management should create a review process where they can enforce their existing policies. Auditor Noncompliance Code: S. Internal control deficiencies Views of Responsible Officials Management agrees with the finding and has implemented a new policy that financials are not to be delivered to ownership until the property has completed all outstanding items. Finding Resolution Status: Resolved
Criteria Management's internal control processes should include timely clearing out of reconciliating items on the reconciliation of the project's operating cash account. These reconciliations should be reviewed by a supervisory person who understands both the general ledger and project operations and can assist in researching and clearing out reconciling items. Condition There were material old items carried on the bank reconciliation that were not properly recorded, resulting in adjustments that ultimately lead to a bank overdraft at June 30, 2024. Cause Management carried reconciling items on the bank reconciliation longer than their policy. Effect or Potential Effect The cash balance reported on the project's books is not an accurate account of the actual cash balance which resulted in a bank overdraft. Additionally, there is a potential for fraudulent activity to not be timely identified and rectified due to the lack of enforcement of controls. Questioned Costs N/A Identification as a Repeat Finding This is not a repeat finding. Recommendation Management should ensure there is enough oversight by qualified accounting personnel who have the ability to research and resolve reconciling items. Additionally, management should create a review process where they can enforce their existing policies. Auditor Noncompliance Code: S. Internal control deficiencies Views of Responsible Officials Management agrees with the finding and has implemented a new policy that financials are not to be delivered to ownership until the property has completed all outstanding items. Finding Resolution Status: Resolved
Criteria Tenant lease files are required to be maintained and tenant eligibility determined in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Condition In connection with our lease file review we noted the following deficiencies: - Five out of 10 existing tenants tested did not follow EIV guidelines; - Two out of 10 existing tenants had issues where the files were not maintained in accordance with guidelines; - One out of one former tenant had an issue where the file was not maintained in accordance with guidelines; and - One out of one new tenant tested did not follow EIV guidelines. Cause Management's policies with respect to the maintenance of tenant lease files in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs were not consistently followed. Effect or Potential Effect The procedures for determining tenant security deposits and eligibility and maintaining tenant lease files were not consistently applied in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. This could result in units being rented to ineligible tenants or errors in the rent subsidies paid by HUD. Identification as a Repeat Finding This is a repeat finding. Recommendation Management should establish procedures and monitor compliance with those procedures to ensure that tenant security deposits are correctly recorded, tenant eligibility is correctly determined and that tenant lease files are properly maintained in accordance with the requirements of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Views of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirements. 1. Move in EIV's - All move in files will be sent to our in house compliance department and Franklin Group has an EIV specialist who follows and tracks all moves for accuracy for all move files and the EIV specialist also sends out the 90-day reminders for all move in. 2. Existing Tenant EIV - It is the policy that all existing tenant EIV and 120-day reports are run per the 4350 guidelines. The Community Manager for Renaissance Gardens has been provided the HUD Trainings and has noted on her daily task reminder from One Site to pull all reports as required. The RM is required during monthly visits to spot check at least five existing tenants. 3. Gross Rent Change and Medical Reporting - The policy states that all Gross Rent Changes are to be completed as approved by the new rent schedule - The Community Manager is required to scheduled appointments with all residents to sign the effective gross rent change and file in tenants files, it is also required that residents 50059s are signed and in the file, the Community Manager has taken the latest HUD training with our in house HUD Compliance Manager - The Regional Manager ("RM") will also spot check files to be certain that all Gross Rent Changes are in its 6-part file folders. Medical reporting records were discussed in our HUD Compliance Training and all expenses must be in the 6-part file folder. Again, the RM will continue to spot check files during the monthly required inspections. All HUD Communities were required to participate in the HUD Training as a reminder tool. 4. Security Deposit - Franklin Companies has a policy that all security deposit refunds must be submitted within the three-day move out period. This situation was due to the changeover in Management.
Criteria Tenant lease files are required to be maintained and tenant eligibility determined in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Condition In connection with our lease file review we noted the following deficiencies: - Five out of 10 existing tenants tested did not follow EIV guidelines; - Two out of 10 existing tenants had issues where the files were not maintained in accordance with guidelines; - One out of one former tenant had an issue where the file was not maintained in accordance with guidelines; and - One out of one new tenant tested did not follow EIV guidelines. Cause Management's policies with respect to the maintenance of tenant lease files in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs were not consistently followed. Effect or Potential Effect The procedures for determining tenant security deposits and eligibility and maintaining tenant lease files were not consistently applied in accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. This could result in units being rented to ineligible tenants or errors in the rent subsidies paid by HUD. Identification as a Repeat Finding This is a repeat finding. Recommendation Management should establish procedures and monitor compliance with those procedures to ensure that tenant security deposits are correctly recorded, tenant eligibility is correctly determined and that tenant lease files are properly maintained in accordance with the requirements of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs. Views of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirements. 1. Move in EIV's - All move in files will be sent to our in house compliance department and Franklin Group has an EIV specialist who follows and tracks all moves for accuracy for all move files and the EIV specialist also sends out the 90-day reminders for all move in. 2. Existing Tenant EIV - It is the policy that all existing tenant EIV and 120-day reports are run per the 4350 guidelines. The Community Manager for Renaissance Gardens has been provided the HUD Trainings and has noted on her daily task reminder from One Site to pull all reports as required. The RM is required during monthly visits to spot check at least five existing tenants. 3. Gross Rent Change and Medical Reporting - The policy states that all Gross Rent Changes are to be completed as approved by the new rent schedule - The Community Manager is required to scheduled appointments with all residents to sign the effective gross rent change and file in tenants files, it is also required that residents 50059s are signed and in the file, the Community Manager has taken the latest HUD training with our in house HUD Compliance Manager - The Regional Manager ("RM") will also spot check files to be certain that all Gross Rent Changes are in its 6-part file folders. Medical reporting records were discussed in our HUD Compliance Training and all expenses must be in the 6-part file folder. Again, the RM will continue to spot check files during the monthly required inspections. All HUD Communities were required to participate in the HUD Training as a reminder tool. 4. Security Deposit - Franklin Companies has a policy that all security deposit refunds must be submitted within the three-day move out period. This situation was due to the changeover in Management.
Criteria 1. Management is responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 2. Management is responsible for timely submission of audited financial statements to Federal Audit Clearinghouse ("FAC"). Condition 1. The accounting records required numerous material adjustments to be proposed and recorded in order for the financial statements to be fairly presented in accordance with generally accepted accounting principles in the United States of America. 2. Single Audit reports are required to be submitted to the FAC pursuant to the audit requirement of Title 2 U.S. Code of Federal Regulations Part 200. Submission of June 30, 2023 financial statements was not completed within specified time frame. Cause Management did not have sufficient controls over financial reporting. Effect or Potential Effect Condition 1 may lead to inaccurate financial reporting and potential misstatement of the financial statements such that they are not in accordance with accounting principles generally accepted in the United States of America. Condition 2 results in auditee being designated as not a lowrisk auditee, which may have an effect on future federal grants and program eligibility. Recommendation 1. Management should undertake a review of internal controls over financial reporting and ensure that financial data is properly recorded in the books and records of the project to prevent misstatements from occurring in the future. 2. Management should implement procedures to ensure that required filing is completed timely. Auditor Noncompliance Code S. Internal control deficiencies Views of Responsible Officials 1. Management agrees with the finding and recommendation and has implemented reviews of the financial statements by senior management prior to closing books to ensure accuracy of information. 2. Management agrees with the finding and recommendation and will ensure required filing is completed timely. Finding Resolution Status: Resolve
Criteria 1. Management is responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 2. Management is responsible for timely submission of audited financial statements to Federal Audit Clearinghouse ("FAC"). Condition 1. The accounting records required numerous material adjustments to be proposed and recorded in order for the financial statements to be fairly presented in accordance with generally accepted accounting principles in the United States of America. 2. Single Audit reports are required to be submitted to the FAC pursuant to the audit requirement of Title 2 U.S. Code of Federal Regulations Part 200. Submission of June 30, 2023 financial statements was not completed within specified time frame. Cause Management did not have sufficient controls over financial reporting. Effect or Potential Effect Condition 1 may lead to inaccurate financial reporting and potential misstatement of the financial statements such that they are not in accordance with accounting principles generally accepted in the United States of America. Condition 2 results in auditee being designated as not a lowrisk auditee, which may have an effect on future federal grants and program eligibility. Recommendation 1. Management should undertake a review of internal controls over financial reporting and ensure that financial data is properly recorded in the books and records of the project to prevent misstatements from occurring in the future. 2. Management should implement procedures to ensure that required filing is completed timely. Auditor Noncompliance Code S. Internal control deficiencies Views of Responsible Officials 1. Management agrees with the finding and recommendation and has implemented reviews of the financial statements by senior management prior to closing books to ensure accuracy of information. 2. Management agrees with the finding and recommendation and will ensure required filing is completed timely. Finding Resolution Status: Resolve
Criteria In accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD projects are required to establish and maintain at all times a fully funded separate bank account for tenant security deposits collected. Condition As of June 30, 2024, management has not fully funded the tenant security deposits cash account. The tenant security deposits cash account was underfunded by $3,391. Cause The tenant security deposits liability exceeds the tenant security deposits cash account by $3,391 as of June 30, 2024. Effect or Potential Effect Management commingled tenant security deposits with its operating cash and did not have sufficient cash balance in the tenant security deposits cash account to cover the tenant security deposits liability as of June 30, 2024. Questioned Costs $3,391 Identification as a Repeat Finding This finding is not a repeat finding. Recommendations Management should transfer $3,391 from the operating account in order to fully fund the tenant security deposits account. Auditor Noncompliance Code: M. Security Deposits View of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirement for security funding. Funds have been transferred and will be maintained based on HUD requirements in a separate account from operating funds. Finding Resolution Status: Resolved
Criteria In accordance with HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD projects are required to establish and maintain at all times a fully funded separate bank account for tenant security deposits collected. Condition As of June 30, 2024, management has not fully funded the tenant security deposits cash account. The tenant security deposits cash account was underfunded by $3,391. Cause The tenant security deposits liability exceeds the tenant security deposits cash account by $3,391 as of June 30, 2024. Effect or Potential Effect Management commingled tenant security deposits with its operating cash and did not have sufficient cash balance in the tenant security deposits cash account to cover the tenant security deposits liability as of June 30, 2024. Questioned Costs $3,391 Identification as a Repeat Finding This finding is not a repeat finding. Recommendations Management should transfer $3,391 from the operating account in order to fully fund the tenant security deposits account. Auditor Noncompliance Code: M. Security Deposits View of Responsible Officials Management agrees with the finding and recommendation and has reviewed the HUD requirement for security funding. Funds have been transferred and will be maintained based on HUD requirements in a separate account from operating funds. Finding Resolution Status: Resolved
Criteria Residual receipts funds should be made within 90 days of year-end. Condition During the year ended June 30, 2024, management did not make the required residual receipts reserve deposit in the amount of $10,012 within 90 days of year-end, as required by HUD. Cause Controls were not in place to ensure that residual receipts funds were timely deposited. Effect or Potential Effect The Organization is not in compliance with the requirements of the regulatory agreement and of the Consolidated Appropriations Act of 2016, governing Residual Receipts for PRAC program. Questioned Costs $10,012 Identification as a Repeat Finding This is not a repeat finding. Recommendations Management should establish internal controls and procedures to ensure that excess residual receipts reserve funds are remitted timely. Auditor Noncompliance Code: B - Failure to make required residual receipts deposits. Views of Responsible Officials Management agrees with the finding and due to the property being short on funds, management will work with HUD on funding. Finding Resolution Status: In process
Criteria Residual receipts funds should be made within 90 days of year-end. Condition During the year ended June 30, 2024, management did not make the required residual receipts reserve deposit in the amount of $10,012 within 90 days of year-end, as required by HUD. Cause Controls were not in place to ensure that residual receipts funds were timely deposited. Effect or Potential Effect The Organization is not in compliance with the requirements of the regulatory agreement and of the Consolidated Appropriations Act of 2016, governing Residual Receipts for PRAC program. Questioned Costs $10,012 Identification as a Repeat Finding This is not a repeat finding. Recommendations Management should establish internal controls and procedures to ensure that excess residual receipts reserve funds are remitted timely. Auditor Noncompliance Code: B - Failure to make required residual receipts deposits. Views of Responsible Officials Management agrees with the finding and due to the property being short on funds, management will work with HUD on funding. Finding Resolution Status: In process
Criteria Management fee payments are limited to amounts determined in accordance with the terms of the HUD approved management agreement. Condition During the year ended June 30, 2024, the project paid management fees of $10,442 in excess of the amount approved by HUD. Cause There were two different management agreements and management did not follow the HUD approved management agreement when paying management fees from operations. Effect or Potential Effect The overpaid amount is an unauthorized distribution and therefore considered to be questioned costs. Questioned Costs $10,442 Identification as a Repeat Finding This is not a repeat finding. Recommendation The management company should reimburse the project for overpaid management fee in the amount of $10,442 and implement procedures to ensure that the management fee paid does not exceed the amount determined in accordance with the HUD approved management agreement. Auditor Noncompliance Code: J. Unauthorized management fees. Views of Responsible Officials Management agrees with the finding and is working with ownership on reimbursements to the property. Management will collect in accordance with HUD going forward. Finding Resolution Status: Unresolved
Criteria Management fee payments are limited to amounts determined in accordance with the terms of the HUD approved management agreement. Condition During the year ended June 30, 2024, the project paid management fees of $10,442 in excess of the amount approved by HUD. Cause There were two different management agreements and management did not follow the HUD approved management agreement when paying management fees from operations. Effect or Potential Effect The overpaid amount is an unauthorized distribution and therefore considered to be questioned costs. Questioned Costs $10,442 Identification as a Repeat Finding This is not a repeat finding. Recommendation The management company should reimburse the project for overpaid management fee in the amount of $10,442 and implement procedures to ensure that the management fee paid does not exceed the amount determined in accordance with the HUD approved management agreement. Auditor Noncompliance Code: J. Unauthorized management fees. Views of Responsible Officials Management agrees with the finding and is working with ownership on reimbursements to the property. Management will collect in accordance with HUD going forward. Finding Resolution Status: Unresolved
Criteria Management's internal control processes should include timely clearing out of reconciliating items on the reconciliation of the project's operating cash account. These reconciliations should be reviewed by a supervisory person who understands both the general ledger and project operations and can assist in researching and clearing out reconciling items. Condition There were material old items carried on the bank reconciliation that were not properly recorded, resulting in adjustments that ultimately lead to a bank overdraft at June 30, 2024. Cause Management carried reconciling items on the bank reconciliation longer than their policy. Effect or Potential Effect The cash balance reported on the project's books is not an accurate account of the actual cash balance which resulted in a bank overdraft. Additionally, there is a potential for fraudulent activity to not be timely identified and rectified due to the lack of enforcement of controls. Questioned Costs N/A Identification as a Repeat Finding This is not a repeat finding. Recommendation Management should ensure there is enough oversight by qualified accounting personnel who have the ability to research and resolve reconciling items. Additionally, management should create a review process where they can enforce their existing policies. Auditor Noncompliance Code: S. Internal control deficiencies Views of Responsible Officials Management agrees with the finding and has implemented a new policy that financials are not to be delivered to ownership until the property has completed all outstanding items. Finding Resolution Status: Resolved
Criteria Management's internal control processes should include timely clearing out of reconciliating items on the reconciliation of the project's operating cash account. These reconciliations should be reviewed by a supervisory person who understands both the general ledger and project operations and can assist in researching and clearing out reconciling items. Condition There were material old items carried on the bank reconciliation that were not properly recorded, resulting in adjustments that ultimately lead to a bank overdraft at June 30, 2024. Cause Management carried reconciling items on the bank reconciliation longer than their policy. Effect or Potential Effect The cash balance reported on the project's books is not an accurate account of the actual cash balance which resulted in a bank overdraft. Additionally, there is a potential for fraudulent activity to not be timely identified and rectified due to the lack of enforcement of controls. Questioned Costs N/A Identification as a Repeat Finding This is not a repeat finding. Recommendation Management should ensure there is enough oversight by qualified accounting personnel who have the ability to research and resolve reconciling items. Additionally, management should create a review process where they can enforce their existing policies. Auditor Noncompliance Code: S. Internal control deficiencies Views of Responsible Officials Management agrees with the finding and has implemented a new policy that financials are not to be delivered to ownership until the property has completed all outstanding items. Finding Resolution Status: Resolved