Finding Text
Continuum of Care, U.S. Department of Housing and Urban Development Federal Assistance Listing #14.267; Contract No. CA1126L9D042209, CA1126L9D042310,CA0869L9D042311, CA2041D9D042100, CA2041D9D042201, CA1517L9D042207, CA1200L9D042209
Condition: Evaluation of reasonable rents lacked supporting documentation and research of comparable housing units and the method thereof were not maintained on record. Additionally, three of six rental assistance payment amounts were determined to
be above HUD-determined fair market rents.
Criteria: In compliance with Title 24 CFR Subpart D Part §578.49 Leasing (b): (1) Leasing structures. When grants are used to pay rent for all or part of a structure or structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. (2) Leasing individual units. When grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged for comparable units, and the rent paid may not exceed HUD-determined fair market rents.
Cause: The error stems from the lack of internal controls over retention of supporting documentation. Additionally, the misinterpretation of program compliance requirements resulted in payments in excess of HUD-determined fair market rents.
Effect: The auditor was unable to verify the information obtained to compare housing units in the nearby areas and of similar condition and features. Failure to retain proof of research performed casts doubt on the Organization's vetting process and procedures to determine reasonable rental assistance. This could result in a loss of funding. Additionally, rental assistance payments were paid despite being in excess of HUD determined fair market rents. Failure to comply with fair market rent rules could result in an abuse from landlords taking advantage of program funding if rents are intentionally inflated due to the credible nature of federal assistance programs. This could result in a misuse of federal funds which could impact the Organization's eligibility for future grant funding.
Recommendation: Management should implement controls and procedures for maintaining supporting documentation for all compliance requirements including research on comparable housing units. Additionally, while the Organization has incorporated a procedure during the application process to determine if proposed rental assistance amounts are within HUD-determined fair market value, the Organization bypassed those limits and thereby circumvented its own controls. Management should adhere to set limits on rental assistance and implement controls to prevent aforementioned violations.