Finding 8790 (2023-002)

Significant Deficiency Repeat Finding
Requirement
N
Questioned Costs
$1
Year
2023
Accepted
2024-01-17

AI Summary

  • Core Issue: The Corporation lacks a HUD-approved Project Owner's/Management Agent's Certification (HUD-9839-B), leading to potential non-compliance with federal regulations.
  • Impacted Requirements: Management fees cannot be paid without the approved certification, which is necessary per HUD Handbook 5381.5 REV-2.
  • Recommended Follow-up: Management should persist in requesting the certification from HUD and refrain from paying any management fees until it is received.

Finding Text

Assistance Listing (Federal award identification number and year): Mortgage insurance for the purchase or refinancing of existing multifamily housing projects, Assistance Listing Number 14.155, 2013 (Project identification number 085-11150) Auditor non-compliance code: J - Unauthorized management fees Finding resolution status: In process Universe population size: The universe population size is not applicable to the finding. Sample size information: The sample size information is not applicable to the finding. Name of Federal agency: U.S. Department of Housing and Urban Development Pass-through entity: N/A Questioned costs: $19,136 Statement of condition 2023-002: For the year ended June 30, 2023, the Corporation did not have a HUD approved Project Owner's/Management Agent's Certification (HUD-9839-B). Criteria: Pursuant to the regulatory agreement and HUD Handbook 5381.5 REV-2, the Corporation's management agent must have an approved Project Owner's/Management Agent's Certification (HUD9839-B). Effect: The Corporation is not in compliance with the regulatory agreement. Management fees should not be paid without an approved Project Owner's/Management Agent's Certification (HUD-9839-B). Cause: The Property changed management agent's effective October 1, 2021 and HUD has not returned an executed Project Owner's/Management Agent's Certification (HUD-9839-B) to the new management agent. Recommendation: Management should continue to request the executed Project Owner's/Management Agent's Certification (HUD-9839-B) from HUD. Management should not pay any management fees until the executed Project Owner's/Management Agent's Certification (HUD-9839- B) is received. Completion date: June 30, 2024 Management's response: Agree. Management received email correspondence from HUD on August 12, 2021 that stated the Agent is approved to take over management immediately and the Project Owner's/Management Agent's Certification (HUD-9839-B) would be retroactively effective. Management has continued to seek the executed Project Owner's/Management Agent's Certification (HUD-9839-B) from HUD.

Corrective Action Plan

Finding #2023-002 Comments on the Finding and Each Recommendation: Statement of condition 2023-002: For the year ended June 30, 2023, the Corporation did not have a HUD approved Project Owner's/Management Agent's Certification (HUD-9839-B). Recommendation: Management should continue to request the executed Project Owner's/Management Agent's Certification (HUD-9839-B) from HUD. Management should not pay any management fees until the executed Project Owner's/Management Agent's Certification (HUD-9839-B) is received. Action(s) taken or planned on the finding: Agree. Management received email correspondence from HUD on August 12, 2021 that stated the Agent is approved to take over management immediately and the Project Owner's/Management Agent's Certification (HUD-9839-B) would be retroactively effective. Management has continued to seek the executed Project Owner's/Management Agent's Certification (HUD-9839-B) from HUD.

Categories

Questioned Costs HUD Housing Programs Procurement, Suspension & Debarment

Other Findings in this Audit

  • 8789 2023-001
    Significant Deficiency
  • 585231 2023-001
    Significant Deficiency
  • 585232 2023-002
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
14.155 Mortgage Insurance for the Purchase Or Refinancing of Existing Multifamily Housing Projects $1.92M
14.195 Section 8 Housing Assistance Payments Program $373,666