Finding 37560 (2022-002)

- Repeat Finding
Requirement
P
Questioned Costs
-
Year
2022
Accepted
2022-11-13

AI Summary

  • Core Issue: The Organization's Operating Assistance Flexible Subsidy Loans have matured, requiring full repayment within 30 days.
  • Impacted Requirements: Non-compliance with HUD Handbook 4350.1, which mandates timely deferment requests if repayment cannot be made.
  • Recommended Follow-Up: Management should persist in negotiations with HUD to secure the necessary deferment for loan repayment.

Finding Text

Agency: U.S. Department of Housing and Urban Development (HUD) CFDA Number: 14.164 Program: Operating Assistance Flexible Subsidy Loans Statement of condition: The Organization's Operating Assistance Flexible Subsidy Loans have matured. The term of the loans require full repayment of the Operating Assistance Flexible Subsidy Loans within 30 days after they mature. Criteria: The HUD Handbook 4350.1 requires the Organization to timely file for deferment of repayment if they cannot repay the loan within 30 days of maturity. Questioned costs: N/A Effect: The Organization was not in compliance with HUD regulations. Cause: Management has been in negotiations with HUD to obtain deferment of repayment. Repeat finding: Yes, previously reported as 2021-001. Recommendation: We recommend that management continue to work with HUD to obtain proper deferment of the Operating Assistance Flexible Subsidy Loans. Management's Response: See attached management's response and planned corrective actions.

Corrective Action Plan

a. Comments on the Finding and Each Recommendation Management concurs with Finding 2022-002 and agrees with the recommendation in the finding. However, the Organization would like to note that it has documentation dating back to 2015, which shows the submission of a deferral package to HUD, and correspondence afterward from HUD stating that due to the government shutdown the package was on hold. Following the hold and the installation of a new Executive Director in May of 2019, the Organization has documentation of correspondence with HUD directly asking for an update on the submitted deferral package, and HUD recognizing that the delays caused the deferral package to be lost in the system and that the old package was deemed incomplete and a new package would need to be submitted. As of November 25, 2020 a Resolution Specialist from HUD was assigned to AHC and since then management has worked closely with her to gather resources and prepare a package for deferral. b. Action(s) Taken or Planned on the Finding Management is currently preparing a deferral package to be submitted to HUD by the upcoming fiscal year end for the deferral and repayment of the Flexible Subsidy Loans. A Capital Needs Assessment was completed on the property July 12, 2021 which provided guidance to the Board of Directors to prepare for future capital needs and the repayment of the loan. In addition, management worked with and met with members of CHFA & DOLA regularly throughout this fiscal year to analyze the CNA and gather information about potential strategies to address capital needs and the repayment of the loan. Management also wrote and received grants for its capital campaign from donors, CHFA, the Colorado Health Foundation and the Community Foundation serving Southwest Colorado. In March of 2022, the board heard a recommendation from RCAC for a large-scale LIHTC rehab project and considered its cost and value. Ultimately, the board decided to term out the HUD loan and continue making upgrades on the units when they turn over, and utilize funds acquired through its capital campaign to make large-scale renovations. Additionally, a successful REAC inspection was completed with a score of 66c on July 14, 2022. Lastly, the HAP Contract for AHC expired September 30, 2022 which caused a delay in the ability to complete the Flex Loan Deferral package, as the Pro Forma depends on the contract rents.

Categories

HUD Housing Programs Matching / Level of Effort / Earmarking

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.164 Operating Assistance for Troubled Multi-Family Housing Projects $781,427
14.195 Section 8 Housing Assistance Payments Program $358,020