Finding 22664 (2022-003)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2022-10-19
Audit: 18368
Organization: YWCA Apartments, Inc. (CA)

AI Summary

  • Core Issue: The Corporation violated HUD regulations by entering into an Assignment of Leases without prior approval.
  • Impacted Requirements: This finding highlights a lack of sufficient internal controls to ensure compliance with HUD's regulatory agreement.
  • Recommended Follow-Up: Management should strengthen internal controls to prevent future compliance issues and ensure proper processes are in place.

Finding Text

Finding # 2022-003 Federal Grantor: Department of Housing and Urban Development AL # / Program : 14.155 - Mortgage Insurance for the Purchase or Refinancing of Existing Multifamily Housing Projects Type of Finding: Federal Award Finding Finding Resolution Status: Unresolved Information on Universe Population Size: The universe population size is not applicable to the finding. Sample size information: The sample size information is not applicable to the finding. Criteria: The Corporation entered into a regulatory agreement with HUD dated January 1, 2013 on form HUD-92466M (Rev. 04/11). Section VI. Paragraph 36. f. states the Corporation shall not without prior written approval of HUD convey, assign or transfer any right to receive the Rents of the Mortgaged Property, except as provided in the Security Instrument. Statement of Condition: The Corporation entered into an Assignment of Leases with YWCA Golden Gate Silicon Valley (YWCA GGSV) on March 1, 2021. Cause: The Corporation had insufficient controls in place to identify material noncompliance with HUD regulatory requirements. Effect or Potential Effect: The Corporation is not in compliance with the HUD regulatory agreement dated January 1, 2013 Section VI. Paragraph 36. f. Auditor Non-Compliance Code: S - Internal Control Deficiencies Questioned Costs: N/A Reporting Views of Responsible Officials: Management disagrees that material noncompliance is indicative of a material weakness in internal controls. Context: During testing of internal controls over compliance with compliance requirements, it was noted that controls were not sufficient to prevent or detect material instances of noncompliance. Recommendations: We recommend management evaluate internal controls over compliance with compliance requirements to ensure the existence of adequate processes and procedures to prevent and/or detect material instances of noncompliance. Auditor's Summary of the Auditee's Comments on the Findings and Recommendations: Management disagrees that material noncompliance is indicative of a material weakness in internal controls. Response Indicator: Disagree Completion Date: 12/31/2022 Response: See Corrective Action Plan

Corrective Action Plan

Finding # 2022-003 (Internal Control Deficiencies) Questioned Costs: N/A Comments on Findings and Recommendation: The Corporation acknowledges its inadvertent oversight in not obtaining advance HUD approval of the March 1, 2021 Assignment of Leases with YWCA Golden Gate Silicon Valley (YWCA GGSV) (the ?Assignment?). Actions Planned on the Finding: The Corporation plans to rescind the Assignment no later than December 31, 2022, and will obtain advance HUD approval for any such assignments in the future. The Corporation?s oversight was uncharacteristic and an anomalous situation, therefore the Corporation disagrees that the oversight is indicative of internal control deficiencies.

Categories

HUD Housing Programs Procurement, Suspension & Debarment Material Weakness Reporting Internal Control / Segregation of Duties

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.155 Mortgage Insurance for the Purchase Or Refinancing of Existing Multifamily Housing Projects $4.11M
14.195 Section 8 Housing Assistance Payments Program $2.03M
21.019 Coronavirus Relief Fund $3,470