Finding 1238817 (2025-001)

Material Weakness Repeat Finding
Requirement
C
Questioned Costs
-
Year
2025
Accepted
2026-09-30

AI Summary

  • Core Issue: New Community Urban Renewal Corporation has unauthorized loans totaling $1,410,918 to New Community Healthcare, Inc., violating HUD regulations.
  • Impacted Requirements: The organization must not assign or disburse funds without prior approval, which has not been adhered to.
  • Recommended Follow-Up: Continue monitoring compliance with HUD regulations and ensure restitution payments of at least $150,000 annually through 2025.

Finding Text

Criteria In accordance with the HUD regulatory agreement, New Community Urban Renewal Corporation may not, without prior written approval, assign, transfer, dispose of, or encumber any personal property of the project, including rent, and shall not disburse or pay out any funds except for usual operating expenses and necessary repairs. Condition New Community Urban Renewal Corporation has unauthorized loans of $1,410,918 to New Community Healthcare, Inc. as of December 31, 2025. Cause The amount due from New Community Healthcare, Inc. predominately dates back prior to 2003 and is believed to be the result of unpaid rents and potentially loans from the New Community Urban Renewal Corporation’s reserve for repairs and replacement. Effect New Community Urban Renewal Corporation is in violation of the HUD regulatory agreement. Identification as Repeat Finding Yes, refer to finding No. 2024-001 Recommendation We recommend New Community Urban Renewal Corporation continues to regularly monitor its strict compliance with each aspect of the plan of compliance. Management’s Response New Community Urban Renewal Corporation and HUD have agreed to a plan of compliance requiring, among other things, restitution payments of not less than $150,000 per year through 2025. The required restitution payment for 2025 was made. New Community Urban Renewal Corporation has been in communication with HUD regarding the new repayment proposal. Until such time as the parties agree to new terms, New Community Urban Renewal Corporation’s intention is to continue making payments of not less than $150,000.

Corrective Action Plan

Plan of Compliance As discussed in Note 1 regarding the Corporation’s instance of noncompliance with its regulatory agreement with HUD, the Corporation agreed to a HUD proposal for repayment of the funds and adopted a resolution by the board indicating such acceptance and includes the following: An acknowledgement of the obligations set forth in the regulatory agreement with HUD dated April 11, 1984, and the intention to fully comply with the provisions therein going forward. NCC’s and NCHC’s intention to make full restitution of the outstanding balances due to the Corporation. Annual payments will not be less than $150,000 for the next 10 years beginning in 2015 through 2024. The Company is currently in communication with HUD regarding the new repayment proposal. Until such time as the parties agree to new terms, the Corporation's intention is to continue making payments of not less than $150,000. One year prior to the expiration of the 10-year repayment period (2023), a new repayment proposal will be provided to HUD, requiring payments not less than $250,000 per year. The Company has been in communication with HUD regarding the new repayment proposal. Until such time as the parties agree to new terms, the Corporation's intention is to continue making payments of not less than $150,000. No Project funds or other HUD funds will be used as a source for repayment. An accounting system must be maintained to track restitution payments acceptable to HUD. Management is required to provide to HUD responses to any management letters received in connection with the annual audits. Certain monthly financial reports and other program-specific reports are required to be submitted to HUD. The boards of NCC / the Corporation are required to conduct quarterly compliance briefings with the minutes of such meetings sent to HUD.

Categories

HUD Housing Programs Matching / Level of Effort / Earmarking

Programs in Audit

ALN Program Name Expenditures
14.129 MORTGAGE INSURANCE NURSING HOMES, INTERMEDIATE CARE FACILITIES, BOARD AND CARE HOMES AND ASSISTED LIVING FACILITIES $3.09M