Finding 1672 (2023-002)

Material Weakness Repeat Finding
Requirement
B
Questioned Costs
$1
Year
2023
Accepted
2023-11-13
Audit: 2908
Auditor: Rubinbrown LLP

AI Summary

  • Core Issue: The Commission faces challenges in managing a high volume of rental assistance applications, leading to known and suspected noncompliance with federal guidelines.
  • Impacted Requirements: Compliance with 2 CFR sections 200.400 through 200.401 regarding allowable costs and activities is at risk, with over $1.6 million in questioned costs identified.
  • Recommended Follow-Up: Continue enhancing training for staff and third parties, and strengthen internal controls to prevent further noncompliance and ensure proper implementation of procedural improvements.

Finding Text

Finding 2023-002 – Allowable Costs and Activities, Eligibility – Compliance and Control Finding Federal Award. No. 21.023 Emergency Rental Assistance Program – COVID 19 Federal Agency: U.S. Department of Treasury Pass-Through Entity: Missouri Department of Economic Development Criteria Or Specific Requirement: 2 CFR sections 200.400 through 200.401 provide the general provisions for cost principles. Section 200.400(b) states that the non-Federal entity assumes responsibility of administering Federal funds in a manner consistent with underlying agreements, program objectives and the terms and conditions of the Federal award. Condition: In our nonstatistical sample of 40 transactions, we noted no exceptions as a result of our testing. However, during the current fiscal year, management of the Commission identified certain questionable rental assistance payments. Certain payments have been reported to the appropriate agencies in accordance with regulatory requirements and other payments are pending further investigation. Cause: The significant amount of Federal dollars awarded, the short period of time required to make awards available and the presence of new requirements under a new program were burdensome for management to disburse in compliance with Federal guidelines. Compared to the Commission’s other Federal programs, the program involves a very large number of applications and a high volume of transactions resulting in exposure to error and irregularity. Effect: Instances of known and suspected noncompliance were identified by the Commission. Questioned Costs: The Commission has identified $1,613,771 of known questioned costs and is actively investigating an additional $2,956,036 of potential questioned costs in fiscal year 2023. Context: Approximately 33,000 vendors are set up in the Commission’s system for application of emergency rental assistance. Of the vendors with applications approved for funding, 350 are considered to be known noncompliance and 225 are being investigated for potential noncompliance. Since fiscal year 2021, $22,461,431 of costs are actively being investigated by the Commission. Of this amount, the Commission has identified $12,293,592 of known questioned costs and $10,167,839 of potential questioned costs that are still being investigated. After the identification of the first instance of noncompliance, the Commission adjusted and enhanced its procedures for evaluating current and existing applications. As the Commission reviews future applications following their updated policies and procedures, additional vendors could be flagged to investigate prior payments for potential ineligible costs. As the direct rental and utility assistance provided in accordance with this program was concluded and the final disbursements made during February 2023, additional internal metrics and compliance review processes are being developed to apply a consistent process for examining any outstanding questioned costs and to make a final determination regarding the eligibility of disbursed funds. Identification As A Repeat Finding: Repeat of Finding No. 2022-002. Recommendation: We recommend that management continue to apply resources devoted to mitigating and preventing further exposure to noncompliance. Additionally, we recommend the Commission continue to provide additional training to employees as well as third parties responsible for reviewing and approving applications. Internal controls over allowable costs and activities should ensure procedural improvements are implemented properly. Views Of Responsible Officials: See Management’s review and Corrective Action Plan included at the end of the report. Anticipated Completion Date: The Commission implemented additional compliance review procedures during fiscal years 2021 and 2022 and expects to conclude its investigation of the fiscal year identified cases during calendar year 2024. Contact Person: Steve Whitson, Director of Community Programs

Corrective Action Plan

Finding 2023-002 – Allowable Costs and Activities, Eligibility – Compliance and Control Finding Federal Award No. 21.023 Emergency Rental Assistance Program – COVID 19 Corrective Action Plan: The Commission administered direct assistance according to the program rules and regulations. The Commission collected the required information and documentation to review and approve applications. Applicants submitted certified applications meeting the requirements of the program. However, the Commission staff discovered through its noncompliance review and identification processes that some program applicants provided false information and fraudulent documentation that continues to be investigated and reported to the proper authorities. Internal controls have been enhanced to mitigate and help prevent further exposure to noncompliance. Past and ongoing measures implemented to ensure eligibility of all funds disbursed include: the adoption of a formal fraud, waste, and abuse policy in July 2021 as well as providing additional training to employees and third parties that were responsible for reviewing and approving applications in order to better detect invalid applicants to prevent funding these applicants. In May 2021, the Commission hired an Internal Compliance Manager and created an Internal Compliance Department who has engaged a third party law firm and a consulting group to provide consultative assistance to improve processes and to assist in investigating applications deemed to be questionable. Further, internal staffing capacity was expanded with the creation of the Community Programs Processes Department in fall 2021 and the Data and Analytics Department in early 2022. Additional investigative techniques such as “mass denial metrics” and tiered level reviews were implemented into weekly application processing. Commission staff set regular internal coordination meetings to improve communication and aid in the identification of new indicators. Internal compliance staff actively participates in national groups administering similar programs, and explores and adopts new preventative or other review measures demonstrated to be effective in other states. As program funds for direct rental and utility assistance have been expended and direct assistance applications no longer accepted, additional internal metrics and compliance review processes are being developed to apply a consistent process for examining any outstanding questioned costs and to make a final determination regarding the eligibility of disbursed funds. Completion Date: The Commission implemented additional compliance review procedures during fiscal years 2021 and 2022 and expects to conclude its investigation of the fiscal year identified cases during calendar year 2024. Contact Person: Steve Whitson, Director of Community Programs

Categories

Questioned Costs Allowable Costs / Cost Principles Eligibility Subrecipient Monitoring Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1670 2023-001
    Material Weakness Repeat
  • 1671 2023-001
    Material Weakness Repeat
  • 1673 2023-003
    -
  • 578112 2023-001
    Material Weakness Repeat
  • 578113 2023-001
    Material Weakness Repeat
  • 578114 2023-002
    Material Weakness Repeat
  • 578115 2023-003
    -

Programs in Audit

ALN Program Name Expenditures
14.239 Home Investment Partnerships Program $282.25M
21.023 Emergency Rental Assistance Program $254.28M
14.182 Section 8 New Construction and Substantial Rehabilitation $162.26M
21.026 Homeowner Assistance Fund $50.27M
14.188 Housing Finance Agencies (hfa) Risk Sharing $24.53M
14.275 Housing Trust Fund $16.91M
14.231 Emergency Solutions Grant Program $3.18M
14.135 Mortgage Insurance_rental and Cooperative Housing for Moderate Income Families and Elderly, Market Interest Rate $1.68M
10.438 Section 538 Rural Rental Housing Guaranteed Loans $116,000
14.218 Community Development Block Grants/entitlement Grants $19,000