Finding Text
Continuum of Care, U.S. Department of Housing and Urban Development Federal Assistance Listing #14.267; Contract No. CA1126L9D042209, CA1126L9D042310, CA0869L9D042311, CA0869L9D042412, CA2041D9D042201, CA2041D9D042302, CA1517L9D042308. Condition: Evaluation of reasonable rents lacked supporting documentation and research of comparable housing units and the method thereof were not maintained on record. Additionally, two of five rental assistance payment amounts were determined to be above HUD-determined fair market rents. Lastly, two out of five tenants did not have leases for longer than one year. Criteria: In compliance with Title 24 CFR Subpart D Part §578.49 Leasing (b): (1) Leasing structures. When grants are used to pay rent for all or part of a structure or structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. (2) Leasing individual units. When grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged for comparable units, and the rent paid may not exceed HUD-determined fair market rents. Additionally, under 24 CFR 578.51(l)(1), for projectbased, sponsor-based, or tenant-based rental assistance, program participants must enter into a lease agreement for a term of at least one year, which is terminable for cause. The leases must be automatically renewable upon expiration for terms that are a minimum of one month long, except on prior notice by either party. Cause: The error stems from the lack of internal controls over retention of supporting documentation. Additionally, the misinterpretation of program compliance requirements resulted in payments in excess of HUD-determined fair market rents and leases executed for less than one year. Effect: The auditor was unable to verify the information obtained to compare housing units in the nearby areas and of similar condition and features. Failure to retain proof of research performed casts doubts on the Organization’s vetting process and procedures to determine reasonable rental assistance. This could result in a loss of funding. Additionally, rental assistance payments were paid despite being in excess of HUD-determined fair market rents. Failure to comply with fair market rent rules could result in an abuse from landlords taking advantage of program funding if rents are intentionally inflated due to the credible nature of federal assistance programs. This could result in a misuse of federal funds which could impact the Organization’s eligibility for future grant funding. Failure to have participants enter into leases in compliance with program requirements may result in participants not receiving the appropriate housing assistance in which they are entitled to. Recommendation: Management should implement controls and procedures for maintaining supporting documentation for all compliance requirements including research on comparable housing units. Additionally, while the Organization has incorporated a procedure during the application process to determine if proposed rental assistance amounts are within HUD-determined fair market value, the Organization bypassed those limits and thereby circumvented its own controls. Management should adhere to set limits on rental assistance and implement controls to prevent aforementioned violations. Finally, management should ensure all leases are executed for longer than one year.