Finding 1241655 (2025-002)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-11-05

AI Summary

  • Core Issue: The Center failed to assess and document compliance with the Uniform Relocation Act during a property acquisition, missing key requirements for notifying and assisting displaced occupants.
  • Impacted Requirements: Non-compliance with 49 CFR Part 24 and 2 CFR 200.303 regarding relocation provisions and internal controls over federal awards.
  • Recommended Follow-Up: Consult with HUD to identify displaced occupants, implement corrective actions as directed, and establish written policies for future compliance with relocation requirements.

Finding Text

Finding Number: 2025-002 - Special Tests and Provisions: Uniform Relocation Act Program Name: Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Assistance Listing: 14.251 Award Number and Government Department/Agency: B-23-CP-NY-1118, U.S. Department of Housing and Urban Development Federal Award Period: 12/19/2024 - 8/31/2031 Criteria: Article IV.K of the grant agreement requires compliance with the Uniform Relocation Act and 49 CFR Part 24, including the relocation provisions applicable to any person who moves from real property as a direct result of acquisition for a federally assisted project. 2 CFR 200.303 requires effective internal control over the federal award. Condition: The Center acquired occupied residential real property using federal award funds on April 15, 2025, and the vacancy of existing tenants was a condition of its purchase terms. The Center did not assess whether the relocation provisions of 49 CFR Part 24 applied, did not identify the occupants or retain occupancy records, and did not issue any notice required by 49 CFR 24.203. Cause: The Center had not established written policies or procedures addressing compliance with 49 CFR Part 24, and no individual was assigned responsibility for identifying and monitoring relocation requirements in connection with property acquisition undertaken with federal funds. Effect or potential effect: Without an assessment and supporting records, the Center: - Cannot demonstrate whether any occupant was a displaced person entitled to relocation assistance. - Did not provide required notices or advisory services to occupants. - May not have made relocation payments that were required. Questioned costs: Undetermined. The amount, if any, could not be quantified in the absence of an assessment of the occupants' eligibility for relocation assistance. Context: This is not a sampling-based finding. The condition applies to the single real property acquisition carried out under the award. Repeat finding: No. Recommendations: We recommend that the Center: - Determine, in consultation with HUD, whether any occupant was a displaced person under 49 CFR Part 24. - Take such corrective action as HUD directs. - Adopt written policies addressing 49 CFR Part 24 for future related activity. Views of Responsible Officials: See management corrective action plan attached.

Corrective Action Plan

Finding: 2025-002 - Special Tests and Provisions: Uniform Relocation Act Condition Reported by the Auditor: OCGDLC did not assess whether the relocation provisions of 49 CFR Part 24 applied to the occupants of the property acquired with federal award funds, did not identify the occupants or retain occupancy records, and did not issue any notice required by 49 CFR 24.203. Corrective Action Planned: Ossining Community Garden of Dreams Legacy Center Inc. (OCGDLC) recognizes the importance of compliance with the Uniform Relocation Act (URA) and acknowledges the documentation and procedural concerns identified during the audit. The federally assisted property acquisition was completed on April 15, 2025. While the prescribed HUD relocation-related form was not utilized during the acquisition process, OCGDLC maintains that communication concerning the property's occupancy circumstances was conveyed to the seller, as reflected in the available transaction documentation. These communications demonstrate that occupancy considerations were addressed during the acquisition process, notwithstanding the absence of the specific form. Furthermore, to the best of OCGDLC management's knowledge and based on the information available, no displacement occurred as a result of the acquisition. OCGDLC has provided HUD with available documentation concerning the completed acquisition and occupancy circumstances. OCGDLC remains committed to ensuring that the documentation and communications surrounding the transaction are appropriately reflected in its federal grant records. OCGDLC will implement the following corrective measures: 1. Documentation of the Completed Acquisition: OCGDLC has maintained the existing acquisition records, including correspondence and documentation reflecting communications with the seller regarding occupancy, together with the supporting materials previously submitted to HUD. These records are maintained as part of OCGDLC's federal grant documentation. 2. Advance Confirmation of Federal Compliance Requirements: For any future federally assisted real property acquisition, OCGDLC will proactively request written guidance from HUD or the applicable federal awarding agency identifying all required forms, notices, certifications, supporting documentation, and applicable submission deadlines. OCGDLC will seek clarification regarding when each requirement must be completed, including any actions necessary before acquisition, during the transaction, or following closing. This process will supplement OCGDLC's internal compliance review and promote clear communication and coordination regarding federal requirements. These measures reflect OCGDLC's commitment to federal compliance while recognizing the distinction between the absence of a prescribed form and the documented communications that occurred during the acquisition. OCGDLC will continue to strengthen its compliance practices through advance clarification of applicable requirements and maintenance of supporting documentation. Anticipated Completion Date: Completed: Existing acquisition documentation, occupancy-related correspondence, and supporting materials have been maintained on file and provided to HUD. Effective Immediately: OCGDLC will proactively request written confirmation of applicable federal forms, notices, documentation requirements, and submission deadlines in advance of any future federally assisted real property acquisition. Name and Title of Responsible Official: Diana E. Lemon Chief Executive Officer & Co-Founder Ossining Community Garden of Dreams Legacy Center Inc.

Categories

Special Tests & Provisions Procurement, Suspension & Debarment Subrecipient Monitoring Eligibility HUD Housing Programs Equipment & Real Property Management Internal Control / Segregation of Duties

Other Findings in this Audit

  • 1241654 2025-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.251 ECONOMIC DEVELOPMENT INITIATIVE, COMMUNITY PROJECT FUNDING, AND MISCELLANEOUS GRANTS $1.95M