Finding 2024-001 – HUD Financial Management Review Findings (Other Matter)
Public Housing Program – CFDA No. 14.850a, Grant period – fiscal year ended June 30, 2024
Criteria
The Code of Federal Regulations (CFR’s) and HUD PIH Notices and Handbooks provide requirements and guidance for which the Public Housing Program is to be administered and operated under.
Condition and Perspective
During March of 2024, HUD conducted a Financial Management Review of the Authority covering fiscal years 2017 through 2023. The Review Report dated June 28, 2024, included the following Review Findings:
Finding #2024-01a: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the Rosemont Place property of $824,432.
Finding #2024-01b: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the COCC, ROSS Program and Jobs Plus Program of $232,888.
Finding #2024-02a: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the Tiny Homes properties of $952,241.
Finding #2024-02b: Equity Transaction - Tiny Homes properties transfer to Section 9 of $919,407 needs additional support.
Finding #2024-04: Limitations of Scope of Review – FDS Reporting.
Note that the HUD Review included a Concern (not a Review Finding) referenced with #2024-03, which is not applicable to this Finding.
Questioned Costs – HUD’s Review Report cited potential ineligible uses of Program funds and an unsupported amount in its Review Report; outlined in Review Report Findings 2024-01a, 2024-01b, 2024-02a and 2024-02b above.
Cause
Potential failure to execute certain controls over eligible use requirements of the Program funds.
Effect
Potential noncompliance with eligible use (Allowability) requirements of the Program.
Recommendation
The Authority has responded to HUD’s Review Report Findings with specific corrective actions including opening and utilizing additional bank accounts to limit inter-program activity and provide additional clarity and transparency to transactions. We recommend that the Authority continue executing its corrective actions. Additionally, we recommend that the Authority continue working with HUD’s Quality Assurance Team (QAT) to implement any additional recommendations HUD may have.
Management’s Response
The Authority has responded to HUD’s Review Report Findings with specific corrective actions including opening and utilizing additional bank accounts to limit inter-program activity and provide additional clarity and transparency to transactions. The Authority will continue executing its corrective actions. Additionally, the Authority will continue working with HUD’s Quality Assurance Team (QAT) to implement any additional recommendations HUD may have. The Authority’s Executive Director, Africa Porter has assumed the responsibility of executing the corrective actions and any additional recommendations HUD may have and anticipates resolution as of June 30, 2025.
Finding 2024-002 – Non-compliance with the Davis-Bacon Act (Material Weakness, Material Non- Compliance)
Public Housing Program – Assistance Listing No. 14.850a, Grant Period: Fiscal Year-End June 30, 2024 Criteria
The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Title 29 of the Code of Federal Regulations, Subtitle A, Part 5, Subpart A describes the Davis-Bacon Act and includes a requirement that applicable agencies shall include in their contracts a provision that the contractor or subcontractor comply with those requirements of the Department of Labor regulations (the Davis-Bacon Act). 29 CFR, Subtitle A, Part 5, Subpart A 5.5-A.3 Payrolls and Basic Records includes a requirement for the contractor or subcontractor to submit to the non-federal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls).
Condition and Perspective
Four applicable Public Housing Program funded contract vendor files were sampled for compliance with Davis Bacon Act requirements. The Authority was unable to provide copies of certified payrolls for two of the four applicable contracts which the applicable contractors were required to submit for each week work was performed during the fiscal year.
Questioned Costs – None noted
Cause
Failure to monitor active contracts to ensure compliance with federal Davis Bacon Act requirements.
Effect
Non-compliance with the Davis-Bacon Act.
Recommendation
We recommend that the Authority attain weekly certified payrolls from contractors as applicable for all federally funded contracts subject to the Davis-Bacon Act.
Finding 2024-002 – Non-compliance with the Davis-Bacon Act (Material Weakness, Material Non- Compliance) - Continued
Management’s Response
The Authority will attain weekly certified payrolls from contractors as applicable for all federally funded contracts subject to the Davis-Bacon Act. The Authority’s Executive Director, Africa Porter, has assumed the responsibility of executing this corrective action as of April 1, 2025.
Finding 2024-001 – HUD Financial Management Review Findings (Other Matter)
Public Housing Program – CFDA No. 14.850a, Grant period – fiscal year ended June 30, 2024
Criteria
The Code of Federal Regulations (CFR’s) and HUD PIH Notices and Handbooks provide requirements and guidance for which the Public Housing Program is to be administered and operated under.
Condition and Perspective
During March of 2024, HUD conducted a Financial Management Review of the Authority covering fiscal years 2017 through 2023. The Review Report dated June 28, 2024, included the following Review Findings:
Finding #2024-01a: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the Rosemont Place property of $824,432.
Finding #2024-01b: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the COCC, ROSS Program and Jobs Plus Program of $232,888.
Finding #2024-02a: Potential Ineligible Use of Public Housing Funds – Interfund transactions with the Tiny Homes properties of $952,241.
Finding #2024-02b: Equity Transaction - Tiny Homes properties transfer to Section 9 of $919,407 needs additional support.
Finding #2024-04: Limitations of Scope of Review – FDS Reporting.
Note that the HUD Review included a Concern (not a Review Finding) referenced with #2024-03, which is not applicable to this Finding.
Questioned Costs – HUD’s Review Report cited potential ineligible uses of Program funds and an unsupported amount in its Review Report; outlined in Review Report Findings 2024-01a, 2024-01b, 2024-02a and 2024-02b above.
Cause
Potential failure to execute certain controls over eligible use requirements of the Program funds.
Effect
Potential noncompliance with eligible use (Allowability) requirements of the Program.
Recommendation
The Authority has responded to HUD’s Review Report Findings with specific corrective actions including opening and utilizing additional bank accounts to limit inter-program activity and provide additional clarity and transparency to transactions. We recommend that the Authority continue executing its corrective actions. Additionally, we recommend that the Authority continue working with HUD’s Quality Assurance Team (QAT) to implement any additional recommendations HUD may have.
Management’s Response
The Authority has responded to HUD’s Review Report Findings with specific corrective actions including opening and utilizing additional bank accounts to limit inter-program activity and provide additional clarity and transparency to transactions. The Authority will continue executing its corrective actions. Additionally, the Authority will continue working with HUD’s Quality Assurance Team (QAT) to implement any additional recommendations HUD may have. The Authority’s Executive Director, Africa Porter has assumed the responsibility of executing the corrective actions and any additional recommendations HUD may have and anticipates resolution as of June 30, 2025.
Finding 2024-002 – Non-compliance with the Davis-Bacon Act (Material Weakness, Material Non- Compliance)
Public Housing Program – Assistance Listing No. 14.850a, Grant Period: Fiscal Year-End June 30, 2024 Criteria
The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Title 29 of the Code of Federal Regulations, Subtitle A, Part 5, Subpart A describes the Davis-Bacon Act and includes a requirement that applicable agencies shall include in their contracts a provision that the contractor or subcontractor comply with those requirements of the Department of Labor regulations (the Davis-Bacon Act). 29 CFR, Subtitle A, Part 5, Subpart A 5.5-A.3 Payrolls and Basic Records includes a requirement for the contractor or subcontractor to submit to the non-federal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls).
Condition and Perspective
Four applicable Public Housing Program funded contract vendor files were sampled for compliance with Davis Bacon Act requirements. The Authority was unable to provide copies of certified payrolls for two of the four applicable contracts which the applicable contractors were required to submit for each week work was performed during the fiscal year.
Questioned Costs – None noted
Cause
Failure to monitor active contracts to ensure compliance with federal Davis Bacon Act requirements.
Effect
Non-compliance with the Davis-Bacon Act.
Recommendation
We recommend that the Authority attain weekly certified payrolls from contractors as applicable for all federally funded contracts subject to the Davis-Bacon Act.
Finding 2024-002 – Non-compliance with the Davis-Bacon Act (Material Weakness, Material Non- Compliance) - Continued
Management’s Response
The Authority will attain weekly certified payrolls from contractors as applicable for all federally funded contracts subject to the Davis-Bacon Act. The Authority’s Executive Director, Africa Porter, has assumed the responsibility of executing this corrective action as of April 1, 2025.