Finding 513866 (2023-001)

Material Weakness
Requirement
A
Questioned Costs
$1
Year
2023
Accepted
2024-12-11

AI Summary

  • Core Issue: The management company misused $283,467 of project funds for unrelated expenses.
  • Impacted Requirements: This misuse violates 24 CFR section 891.400(e), which mandates that funds be used solely for project operations and required accounts.
  • Recommended Follow-Up: Management should improve internal controls to ensure project funds are only spent on approved project activities.

Finding Text

Criteria: Project funds must be used for the operation of the project, including required insurance coverage, and to make required deposits to replacement reserve and residual receipts accounts (24 CFR section 891.400(e)). Condition: During 2023, the management company used operating and mortgage escrow funds in the amount of $283,467 for purposes unrelated to the Project. The management company returned $130,000 to the operating cash account during the year. Remaining $144,135 is included in accounts receivable, other and $9,332 is included in prepaid expenses as of December 31, 2023. Questioned Costs: $283,467 Cause: Management company’s oversight of Project funds did not ensure compliance with requirements related to the use of Project funds. Effect: The unauthorized use of Project funds by the management company resulted in the Project not to be in full compliance with its Regulatory Agreement regarding use of project funds. Recommendation: Management should enhance its internal controls to ensure Project funds are only used for Project activities and expenses necessary for the ongoing operation and maintenance of the Project.

Corrective Action Plan

Comments on Findings and Recommendations: Management concurs with the findings and auditors’ recommendations to enhance internal controls to ensure compliance with the HUD Regulatory Agreement. Action(s) Taken or Planned for amounts due back to the Project: The management company previously advised HUD that it is in the process of marketing and selling its affordable property portfolio. The management company has reached an agreement in principle with a buyer for the sale of a significant portion of its affordable property portfolio. The buyer has significant experience in the affordable housing industry and is well-positioned to own and manage these properties. The parties are in the process of drafting all necessary documents and will work with HUD on all necessary documentation and approvals promptly once the underlying documents are fully negotiated. The management company is confident that there will be sufficient funds at the conclusion of the collective transactions with the buyer for the (re)payment of amounts to address the Findings identified herein. The management company anticipates closings by the end of 2024.

Categories

Questioned Costs HUD Housing Programs Internal Control / Segregation of Duties Cash Management

Other Findings in this Audit

  • 513867 2023-002
    Material Weakness
  • 513868 2023-003
    Material Weakness
  • 1090308 2023-001
    Material Weakness
  • 1090309 2023-002
    Material Weakness
  • 1090310 2023-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
14.195 Section 8 Housing Assistance Payments Program $675,856
14.157 Supportive Housing for the Elderly $622,755
14.191 Multifamily Housing Service Coordinators $31,132