Finding 573696 (2024-001)

Significant Deficiency Repeat Finding
Requirement
C
Questioned Costs
-
Year
2024
Accepted
2025-08-15

AI Summary

  • Core Issue: New Community Urban Renewal Corporation violated HUD regulations by making unauthorized loans totaling $1,560,918 to New Community Healthcare, Inc.
  • Impacted Requirements: The organization must obtain prior written approval for any financial transactions involving personal property and can only disburse funds for operating expenses and necessary repairs.
  • Recommended Follow-Up: Continue monitoring compliance with HUD regulations and adhere to the agreed restitution payments of at least $150,000 annually through 2024.

Finding Text

In accordance with the HUD regulatory agreement, New Community Urban Renewal Corporation may not, without prior written approval, assign, transfer, dispose of, or encumber any personal property of the project, including rent, and shall not disburse or pay out any funds except for usual operating expenses and necessary repairs. New Community Urban Renewal Corporation has unauthorized loans of $1,560,918 to New Community Healthcare, Inc. as of December 31, 2024. The amount due from New Community Healthcare, Inc. predominately dates back prior to 2003 and is believed to be the result of unpaid rents and potentially loans from the New Community Urban Renewal Corporation’s reserve for repairs and replacement. New Community Urban Renewal Corporation is in violation of the HUD regulatory agreement. Identification as Repeat Finding, refer to finding No. 2023-001. We recommend New Community Urban Renewal Corporation continues to regularly monitor its strict compliance with each aspect of the plan of compliance. New Community Urban Renewal Corporation and HUD have agreed to a plan of compliance requiring, among other things, restitution payments of not less than $150,000 per year through 2024. The required restitution payment for 2024 was made. New Community Urban Renewal Corporation is currently in communication with HUD regarding the new repayment proposal. Until such time as the parties agree to new terms, New Community Urban Renewal Corporation’s intention is to continue making payments of not less than $150,000. No questioned costs identified.

Corrective Action Plan

New Community Urban Renewal Corporation (“NCURC”, “the Corporation” or “the Project”) agreed to a HUD proposal for repayment of the funds and adopted a resolution by the Board indicating such acceptance which was submitted to HUD and includes the following: 1. An acknowledgement of the obligations set forth in the Regulatory Agreement with HUD dated April 11, 1984 and the intention to fully comply with the provisions therein going forward. 2. NCURC’s affiliates, New Community Corporation (“NCC”) and New Community Healthcare, Inc.’s (“NCHC”) intention to make full restitution of the outstanding balances due to the Corporation. Annual payments will not be less than $150,000 for the next ten years beginning in 2015 through 2024. NCURC is currently in communication with HUD regarding the new repayment proposal. Until such time as the parties agree to new terms, NCURC’s intention is to continue making payments of not less than $150,000. 3. One year prior to the expiration of the 10-year repayment period (2023), a new repayment proposal will be provided to HUD requiring payments not less than $250,000 per year. NCURC is currently in communication with HUD regarding the new repayment proposal. 4. No Project funds or other HUD funds will be used as a source for repayment. 5. An accounting system must be maintained to track restitution payments acceptable to HUD. 6. Management is required to provide to HUD responses to any management letters received in connection with the annual audits. 7. Certain monthly financial reports and other program specific reports are required to be submitted to HUD. 8. The Boards of NCC / the Corporation are required to conduct quarterly compliance briefings with the minutes of such meetings sent to HUD.

Categories

HUD Housing Programs Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1150138 2024-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
14.129 Mortgage Insurance Nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities $3.59M