Core Issue: The Corporation entered a management agreement without obtaining necessary HUD approval or submitting required forms.
Impacted Requirements: This violates HUD Handbook guidelines and the regulatory agreement from January 1, 2013.
Recommended Follow-Up: Management should strengthen internal controls to ensure compliance with HUD requirements and address identified weaknesses.
Finding Text
Finding # 2022-005 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: HUD Handbook 4381.5 REV-2. paragraph 2.6 states that the management agent may assume management responsibility only after: a. The HUD Loan/Asset Management staff has issued a letter approving the agent proposed by the owner; and b. The Owner and agent have executed and submitted the appropriate Management Certification form (Form HUD-9839a). Statement of Condition: The Corporation entered into a Property Management Agreement with YWCA Golden Gate Silicon Valley (YWCA GGSV) on March 1, 2021. The Corporation did not obtain a letter of approval from HUD and did not execute or submit Form HUD-9839a. 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 paragraph 21. 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 # 2022-005 (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 GCSV) (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 the appointment of a management agent to manage the commercial leases 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
Questioned CostsHUD Housing ProgramsProcurement, Suspension & DebarmentMaterial WeaknessReportingMatching / Level of Effort / EarmarkingInternal Control / Segregation of Duties