Finding Text
Compliance and Significant Deficiency in Internal Control over compliance with Special
Tests and Provisions
U.S. Department of Housing and Urban Development
Direct Program
Program Name: Continuum of Care
AL#: 14.267
Condition: For 2022, the Organization performed rent comparisons to the HUD fair market rent rates using the rates in place for 2021 when determining if the 2022 rent was in excess of the allowable rent.
Criteria: Per 24 CFR Section 578.51(g), where grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents charged for comparable units taking into consideration relevant features. In add the portion of rents paid with the grant funds may not exceed HUD-determined fair market rents for the current year.
Context: Of the 10 cases selected for testing using leasing funds, 4 tenant’s rents paid exceeded the published fair market rent allowed for 2022. Of the 10 cases selected for testing using rental assistance funds, 2 tenant’s rents paid exceeded the published fair market rates.
Cause: The Organization did not update their records and calculation worksheets for the change in the FMV from 2021 to 2022. There was a decrease in the published rates for 2022 which affected the calculation of the allowable rents.
Effect: The Organization is not in compliance with the requirements of the Continuum of Care program with respect to Special Test Requirements for Reasonable Rental Rates.
Recommendation: We recommend that written procedures addressing internal controls with respect to tracking changes in program requirements be implemented and that procedures to update any worksheets for the effect of those requirements be performed and verified to ensure that the Organization is in compliance at all times.
View of Responsible
Officials: Mental Health Association in Orange County Inc.’s (MHA) management concurs with this finding. The Organization is in the process of implementing procedures to ensure that compliance is maintained in the future. Please refer to the corrective action plan on pages 13 - 14.