Finding 970773 (2023-001)

- Repeat Finding
Requirement
A
Questioned Costs
-
Year
2023
Accepted
2024-04-24
Audit: 304340
Organization: Fairport Baptist Homes (NY)
Auditor: Bonadio & CO LLP

AI Summary

  • Core Issue: The Homes failed to make required monthly debt and escrow payments due to cash constraints and bankruptcy restrictions.
  • Impacted Requirements: This non-compliance violates the HUD regulatory agreement, previously noted in finding 2022-002.
  • Recommended Follow-Up: The Homes should adhere to bankruptcy rules, ensuring payments to HUD as a secured creditor are made post-sale of the Facility in 2024.

Finding Text

C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAM Finding 2023-001 – Assistance Listing No. 14.129 – United States Department of Housing and Urban Development Previously reported as finding 2022-002 Criteria Under the terms of the related regulatory agreement The Homes is required to make timely monthly debt payments and deposits in certain escrow accounts. Condition/Context As part of our compliance testing, we reviewed the debt and escrow schedules and noted that the debt and escrow payments due throughout 2023 were not made. Cause The Homes were experiencing significant cash constraints and was not able to make debt payments and escrow payments as they were due and was limited under the terms of the bankruptcy filing as to what payments were allowable. Effect The Homes is out of compliance with the HUD regulatory agreement. Recommendation As HUD servicer is a named secured creditor in the bankruptcy filing, we recommend that The Homes follow the rules of the bankruptcy filing. Management Response The HUD mortgage is a secured creditor under the bankruptcy filing and we expect the lender to be paid under the terms of the bankruptcy agreement at the conclusion of the sale of the Facility that is expected to occur during 2024.

Categories

HUD Housing Programs

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.129 Mortgage Insurance_nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities $7.59M