Finding 502646 (2023-002)

Significant Deficiency
Requirement
B
Questioned Costs
$1
Year
2023
Accepted
2024-10-14
Audit: 324633
Auditor: Fogel Klein LLP

AI Summary

  • Core Issue: The Project improperly disbursed $47,837 for legal costs that were not considered operating expenses.
  • Impacted Requirements: This violates the Regulatory Agreement, which limits cash withdrawals to reasonable operating and maintenance expenses.
  • Recommended Follow-Up: Ensure future legal expenses related to property sales are paid from non-project accounts to prevent similar issues.

Finding Text

Finding 2023-002: Federal Awards Major Program Mortgage Insurance for the Purchase or Refinancing of Existing Multifamily Housing Projects (Section 207/223(f)) (CFDA# 14.155): Significant Deficiency Allowable costs/cost principles Finding Resolution Status: Resolved Questioned Costs: $47,837 Information on Universe and Population Size: Not Applicable Sample Size Information: Not Applicable Noncompliance Information: The Project disbursed $47,837 of legal costs that were not operating expenses for the project. Statement of Condition: The Project disbursed $47,837 of legal costs that were not operating expenses for the project. Criteria: The Regulatory Agreement (HUD-92466 version 11/2002, section 13(g)) restricts withdrawal of cash of the Project to payments for reasonable expenses incident to the operation and maintenance of the project. Cause: The Project paid legal fees pertaining to the sale that were billed to the Project prior to the sale and release from the Regulatory Agreement. Effect or Potential Effect: The Project disbursed $47,837 of legal costs that were not operating expenses for the project. Auditor Non-Compliance Code: Z - Other Recommendations: The Project should ensure that expenses pertaining to the sale of the property should be paid from entity non-project accounts. Reporting Views of Responsible Officials: Management concurs with this finding and the current management agent has ensured that $47,837 was reimbursed from entity non-project funds. Auditor's Summary of the Auditee's Comments on the Findings and Recommendations: Management concured and has ensured that $47,837 was reimbursed from entity non-project funds. Completion Date: February 8, 2024 Response: Management concurs with this finding and the current management agent has ensured that $47,837 was reimbursed from entity non-project funds. Actions Taken or Planned on the Finding: The funds were reimbursed from entity non-project funds. Contact Person: Moshe Eichler

Corrective Action Plan

B. Finding 2023-002 Mortgage Insurance for the Purchase or Refinancing of Existing Multifamily Housing Projects (Section 207/223(f)) (CFDA# 14.155) Allowable costs/cost principles The Project disbursed $47,837 of legal costs that were not operating expenses for the project. (1) Comments on the Finding and Each Recommendation Management concurs with this finding and the current management agent has ensured that $47,837 was reimbursed from entity non-project funds. (2) Actions Taken on the Finding The funds were reimbursed from entity non-project funds.

Categories

Questioned Costs Allowable Costs / Cost Principles HUD Housing Programs Procurement, Suspension & Debarment Reporting Significant Deficiency

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 $2.12M
14.195 Project-Based Rental Assistance (pbra) $539,360
14.191 Multifamily Housing Service Coordinators $36,387