Finding 1187290 (2025-003)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-03-26
Audit: 394922
Organization: City of Baldwin Park (CA)

AI Summary

  • Core Issue: The City failed to comply with HUD's Housing Quality Standards (HQS) inspection requirements, including timely re-inspections and proper documentation.
  • Impacted Requirements: Violations of 24 CFR 982.405(b) include not completing re-inspections within 30 days, exceeding inspection frequency, and lacking necessary documentation.
  • Recommended Follow-Up: The City should enhance internal controls by establishing a formal tracking system to ensure compliance with inspection timelines and documentation standards.

Finding Text

2025-003 – Special Tests – Internal Control and Compliance over National Standards for the Physical Inspection of Real Estate (NSPIRE) / Housing Quality Standards Inspections (Material Weakness) Information on the Federal Program: Assistance Listing Number: 14.871 Federal Program Name: Housing Voucher Cluster Federal Agency: Department of Housing and Urban Development Pass-Through Entity: N/A Federal Award Number and Award Year: CA120 Criteria or Specific Requirement (Including Statutory, Regulatory, or Other Citation): Pursuant to 24 CFR 982.405(b), the Public PHA (PHA) must inspect the unit leased to a family prior to the initial term of the lease, at least biennially during assisted occupancy, and at other times as needed, to determine if the unit meets Housing Quality Standards (HQS). Pursuant to 2025 Compliance Supplement: The PHA must inspect the unit leased to a family at least biennially to determine if the unit meets Housing Quality Standards (HQS) and the PHA must conduct quality control re-inspections. The PHA must prepare a unit inspection report (24 CFR sections 982.158(d) and 982.405(b)). However, NSPIRE for HCV and Project Based Vouchers (PBV) programs, referred to as NSPIRE-V during HUD’s demonstration, was effective October 1, 2023, and replaced HQS, as previously defined in 24 CFR 982.401, as the inspection standards for these programs. As announced in the Federal Register, “Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE); Extension of NSPIRE Compliance Date for HCV Programs,” HUD extended the compliance date for HCV and PBV programs until October 1, 2024. This applies to all Public Housing Agencies (PHAs), including MTW PHAs, administering Section 8 Housing Choice Voucher programs. For units under HAP contract that fail to meet HQS, if the reported deficiency is life-threatening, the PHA must, within 24 hours of notification, both inspect the housing unit and notify the owner if the life-threatening deficiency is confirmed. The owner must then make the repairs within 24 hours of PHA notification. If the reported deficiency is non-life-threatening, the PHA must, within 15 days of notification, both inspect the unit and notify the owner if the deficiency is confirmed. The owner must then make the repairs within 30 days of notification from the PHA or within any PHA-approved extension. (24 CFR section 982.405(d)). If the owner does not correct the cited HQS deficiencies within the specified correction period, the PHA must stop (abate) HAPs beginning no later than the first of the month following the specified correction period or must terminate the HAP contract. The owner is not responsible for a breach of HQS as a result of the family’s failure to pay for utilities for which the family is responsible under the lease or for tenant damage. For family-caused defects, if the family does not correct the cited HQS deficiencies within the specified correction period, the PHA must take prompt and vigorous action to enforce the family obligations (24 CFR sections 982.158(d) and 982.404). Condition: During the Housing Quality Standards (HQS) inspection testing, we tested twenty-three (23) samples and identified several instances in which the City did not comply with HUD inspection requirements. Specifically:  For seven (7) of twenty-three (23) inspections tested, required re-inspections were not completed within 30 days of the failed inspections, and the City was unable to provide documentation evidencing that an extension had been granted, as required by HUD program regulations.  For three (3) of twenty-three (23) inspections tested, re-inspections were either not performed or were performed without adequate supporting documentation to demonstrate compliance with HUD’s re inspection requirements.  For ten (10) samples out of twenty-three (23) samples, inspections were performed more than 24 months apart, exceeding HUD’s required inspection frequency.  For one (1) of twenty-three (23) inspections tested, the City was unable to locate prior inspection records to verify whether inspections were completed within the required 24-month inspection cycle.  For one (1) of twenty-three (23) inspections tested, the City was unable to locate documentation supporting issuance of the initial inspection notice letter to the participant.  For five (5) of twenty-three (23) inspections tested, the City was unable to locate documentation supporting issuance of failed inspection notice letters, as required to notify participants of deficiencies and required corrective actions.  Additionally, in the forty (40) samples we tested for eligibility, ten (10) samples had failed inspection documented and out of which six (6) re-inspections were not performed within 30 days of the failed inspections. These instances indicate that the City did not consistently perform and document HQS inspections and reinspections in accordance with HUD program requirements. Cause: The deficiencies occurred due to weaknesses in the City’s internal control procedures over the monitoring and documentation of Housing Quality Standards inspections. Specifically, the City did not maintain adequate tracking procedures to ensure inspections and re-inspections were completed within required timeframes, and supporting documentation for certain inspection activities was not consistently retained. Effect or Potential Effect: The City has not complied with the requirements of 24 CFR 982.405(b) – Housing Quality Standards Inspections. Questioned Costs: None. Context: See condition above for the context of the finding. Repeat Finding from Prior Year, If Applicable: Yes. See prior year finding 2024-004. Recommendation: We recommend that the City strengthen its internal control procedures over HQS inspections by implementing a formal tracking and monitoring process to ensure inspections and re-inspections are completed within HUDrequired timeframes. In addition, the City should maintain complete documentation of inspection activities, including inspection dates and supporting records, to demonstrate compliance with program requirements. Views of Responsible Officials: Management concurs.

Corrective Action Plan

Corrective Actions: Housing Authority of the City of Baldwin Park (HACBP) has taken immediate corrective actions. All required inspections now are current and supporting documentation is complete and properly filed. Management continues to monitor inspection activities to prevent recurrence of the conditions noted. Management has also taken immediate and comprehensive corrective measures, including: • Removal of the external consultant from all inspection-related responsibilities. • Return of HACBP’s in‑house inspector from extended leave, restoring full internal oversight of the HQS inspection process. • Assignment of inspection responsibilities solely to trained HACBP inspection and management staff. • Implementation of strengthened procedures for tracking, scheduling, and documenting all inspections including, initial, re-inspections, and annual/biennial inspections. • Verification that all inspection files are properly uploaded, retained, and accessible in accordance with HACBP’s file management policies.

Categories

HUD Housing Programs Subrecipient Monitoring

Other Findings in this Audit

  • 1187287 2025-001
    Material Weakness Repeat
  • 1187288 2025-002
    Material Weakness Repeat
  • 1187289 2025-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $2.46M
14.871 SECTION 8 HOUSING CHOICE VOUCHERS $859,778
14.218 COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS $390,544
20.205 HIGHWAY PLANNING AND CONSTRUCTION $153,287
16.710 PUBLIC SAFETY PARTNERSHIP AND COMMUNITY POLICING GRANTS $141,441
97.067 HOMELAND SECURITY GRANT PROGRAM $63,900
20.608 MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED $48,136
14.239 HOME INVESTMENT PARTNERSHIPS PROGRAM $43,139
16.922 EQUITABLE SHARING PROGRAM $38,829
20.600 STATE AND COMMUNITY HIGHWAY SAFETY $35,914
14.872 PUBLIC HOUSING CAPITAL FUND $32,192
21.016 EQUITABLE SHARING $22,464
14.850 PUBLIC HOUSING OPERATING FUND $22,321
16.738 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM $16,988
97.036 DISASTER GRANTS - PUBLIC ASSISTANCE (PRESIDENTIALLY DECLARED DISASTERS) $6,827
20.611 INCENTIVE GRANT PROGRAM TO PROHIBIT RACIAL PROFILING $3,726