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Issue
Date: January 27, 2009
Audit
Memorandum No: 2009-BO-1801
File Size: 168.27KB
Title:
Housing Authorities at Bath and Brunswick, Maine, Overpaid Basic
Rent and Housing Assistance Payments for Section 8 Tenants in a
Subsidized Multifamily Project (Orchard Court)
We
performed an audit of the Orchard Court project, a Section 236 multifamily
property, located in Bath, Maine. As part of our audit, we reviewed
subsidy payments made to Orchard Court from Bath and Brunswick,
Maine, Housing Authorities (Authorities). Our objective was to determine
whether Section 8 voucher program subsidies paid to Orchard Court
from the Authorities were for basic rent, rather than market rent.
Basic rent is the minimum rent a tenant would pay under the Section
236 U.S. Department of Housing and Urban Development (HUD)-subsidized
housing program, and market rent is the rent a property would obtain
from any tenant if the rental unit was free of income restrictions
and available for leasing.
The Authorities did not always pay basic rents failing to follow
applicable HUD requirements in determining Section 8 rental subsidies
for the tenants housed at the Orchard Court project. We recommended
that the Director of the Office of Public Housing require the Bath
and Brunswick Housing Authorities to recover from the Orchard Court
project and reimburse $32,299 to the Section 8 program from nonfederal
funds, and develop and implement controls and procedures to ensure
that future subsidy payments made for Section 8 unit leases at multifamily
developments do not exceed basic rents authorized under 24 CFR 982.521K.
Issue
Date: November 6, 2008
Audit
Report No. 2009-BO-1002
File Size: 557.67KB
Title:
Orchard Court Multifamily Project, Located in Bath, Maine, Was Not
Properly Managed in Accordance with HUD Regulations
We audited
the Orchard Court project, located in Bath, Maine, in response to
a referral received by the Office of Inspector General’s (OIG) Office
of Investigation (Region 1). The referral indicated a potential
inappropriate use of project funds by the Orchard Court Housing
Corporation (project owner) and/or the management agent. Our overall
objective was to determine whether the project owner and/or management
agents operated the project in accordance with U.S. Department of
Housing and Urban Development (HUD) requirements.
The
project owner and/or prior management agents failed to operate the
Orchard Court project in accordance with HUD regulations. The owner
and/or prior management agents did not comply with HUD requirements
with regard to maintaining vacancies at a reasonable rate; making
payments that were eligible, reasonable, adequately supported; following
proper procurement procedures; maintaining the project in good physical
condition; and ensuring that tenants qualified for subsidized rental
housing. As a result, the project had $265,226 in vacancy losses
and incurred ineligible, unreasonable, and unsupported costs of
$511,727.
The
project owner and a prior management agent executed two interest-bearing
promissory notes in violation of the regulatory agreement, and a
“Letter of Agreement” that may have violated the Project Owner’s/Management
Agent’s Certification (Certification). The two notes allowed for
the inappropriate accrual of interest in the amount of $56,086.
Further, accounting records were incomplete, inaccurate or unavailable.
The project’s current certified public accounting firm refused to
prepare the project’s 2007 financial statements because it considered
the project’s records not auditable. The project also lacked controls
over the calculation of management fees and bad debts.
We recommend
that the Director of the Office of Housing require the project owner
to reimburse or require the responsible management agents to reimburse
the project $49,270 for ineligible administrative, site supervisor,
HUD 202, and site management fees paid to mangement agents; eliminate
from the project’s accounting records $151,436 in accrued administrative,
maintenance, site management, other administrative, and HUD 202
fees that are ineligible project costs; and request from responsible
management agents supporting documentation for the $265,412 in unsupported
costs charged to the project so that the eligibility of these costs
can be determined. For any amounts determined to be ineligible,
the project owner should repay or seek reimbursement from responsible
management agent to pay the project from non-project funds; and
remove $56,086 in interest accrued on the notes payable of $303,653
from the accounting records. In addition, HUD should consider pursuing
administrative sanctions against the project owner and three prior
management agents, including recovering management fees paid and
removing payables representing unpaid management fees from the project’s
accounting records.
Issue
Date: January 18, 2008
Audit
Report No. 2008-BO-1003
File Size: 242.08KB
Title:
The Maine State Housing Authority, Augusta, Maine, Needs to Improve
Controls over Its Administration of the HOME Program
We audited
the HOME Investment Partnerships program (HOME) administered by
the Maine State Housing Authority, Augusta, Maine (Authority), as
part of our annual audit plan. The Authority received more than
$21 million in U.S. Department of Housing and Urban Development
(HUD) funding for its federal HOME program from 2005 to 2007. Our
audit objective was to determine whether the Authority administered
its HOME program in compliance with HUD regulations. We focused
on whether the Authority (1) had adequate internal controls over
its management process, accounting, and data processing; (2) used
HOME program funds for eligible activities and adequately supported
expenditures; (3) had adequate monitoring practices; and (4) properly
accounted for HOME program income.
The
Authority generally administered its HOME program in accordance
with HUD regulations. It had adequate internal controls over its
accounting and data processing and properly accounted for HOME program
income. However, we identified two areas in which the Authority
needs to improve its management controls, including improving its
monitoring practices and ensuring that HOME program funds are used
for eligible activities. Specifically, the Authority failed to track
the status of outstanding housing quality standards deficiencies
it found during annual compliance reviews and ensure that corrective
actions were taken in a timely manner. The Authority also failed
to ensure that two homes met HUD health safety standards before
disbursing HUD funds to assist homebuyers. These deficiencies occurred
because the temporary transition of personnel assigned to perform
monitoring duties and the heavy workload of the Authority’s only
inspector for the Home Repair and Maine American Dream Initiative
(MADI) programs impeded efforts to address corrective action items
in a timely manner. Also, the Authority was unaware that the two
homes failed to meet HUD standards because it did not maintain inspection
reports, relying on the community action agency’s (CAA) certifications
that homes met HUD standards. As a result, several homeowners were
living in homes that were not decent, safe, and sanitary. Also,
the Authority’s disbursement of $13,686 to two homebuyers for homes
that were not decent, safe, and sanitary was not the best use of
funds.
Issue
Date: August 28, 2006
Audit
Report No. 2006-BO-1011
File Size: 1.02MB
Title:
The Portland Housing Authority, Portland, Maine, Did Not Use Reserve
Funds or Properly Allocate Employee Costs, Resulting in Questioned
Costs of More Than $850,000
We reviewed
the Section 8 Housing Choice Voucher program (Voucher program) at
the Portland Housing Authority (Authority) as part of our fiscal
year 2006 annual audit plan. Our objective was to determine whether
the Authority properly administered its Voucher program in accordance
with its annual contributions contracts and U.S. Department of Housing
and Urban Development (HUD) requirements.
The
Authority generally administered its Voucher program in accordance
with its annual contributions contracts and HUD requirements. However,
it did not use its Section 8 administrative fee reserves in a timely
manner or properly allocate salary and employee benefits expense
to the Voucher program.
In February
2003, the Authority transferred Section 8 administrative fee reserves
to its local programs account, but as of March 2006, it had not
used $647,814 of these reserve funds for program or other housing
purposes. This occurred because the Authority (1) did not implement
its Board resolution donating $550,000 to the Authority’s non-profit
entity, the Portland Housing Development Corporation (PHDC), (2)
lacked specific plans to use available funds, and (3) was unaware
that reserve funds must be expended to be considered used. The Authority
also undercharged its Voucher program by $158,034 in salary and
employee benefits expense because its cost allocation procedures
improperly charged the program costs to its Public Housing Capital
Fund (Capital Fund) program when the Voucher program had funding
shortfalls. The Authority agreed to establish quantifiable and verifiable
procedures, which should reduce future Capital Fund program costs
by $44,336 during the next 12 months.
We recommend
that the director of the Office of Public Housing, Boston, Massachusetts,
require the Authority to (1) repay to its Section 8 program the
unused portion of $647,814 in administrative fee reserve funds transferred
to its local programs account and provide supporting documents for
verification of the $158,034 in transferred reserve funds to the
Capital Fund program, (2) identify current and valid uses for the
remaining Section 8 administrative reserves ($489,780), and (3)
establish and implement formal written procedures to properly allocate
costs to the benefiting programs, thereby reducing future Capital
Fund program expenses by $44,336. In addition, we recommend that
HUD verify the repayment of $158,034 to the Authority’s Capital
Fund program for ineligible administrative expenses.
Issue Date: November 4, 2003
Audit
Memorandum No.: 2004-BO-1002
File Size: 532.2KB
Title: Family Living Adult Care Center FHA Project Number 024-22019
Biddeford and Saco, Maine
Our review disclosed that the Family Living project has suffered
serious financial problems, including a default on the HUD-insured
mortgage, and had ceased being a profitable entity. These problems
were caused by questionable cash distributions (withdrawals) from
the project bank accounts by the Owner. We consider these distributions,
totaling $455,439, to be “equity skimming” and to be in violation
of applicable Federal statutes and HUD regulations. By means of
these distributions, the Owner diverted project funds from June
2000 to February 2002 to other businesses he owned and for personal
expenses.
Issue Date: October 26, 2000
Audit
Related Memorandum No.: 01-BO-202-1801
File Size: 42KB
Title: Review of Complaint, Waterville Housing Authority, Waterville,
Maine
As requested by the Office of Public Housing, we performed an
audit survey of the Waterville Housing Authority’s (WHA) Operations.
Our objectives were to determine the validity of a complaint identifying
six issues brought by a former WHA employee, and to identify any
other indicators of problems or deficiencies in WHA’s operations,
particularly those conditions that may be indicators of fraud, waste
and mismanagement.
Our review determined that, of the problem areas identified by
the complainant, only one remained unresolved; the controlling and
safeguarding of fixed assets. WHA’s internal controls in this area
are inadequate and need to be improved.
Issue Date: September 25, 2000
Audit
Related Memorandum No.: 00-BO-255-1803
File Size: 248KB
Title: Review of Program Recipients’ Complaints, State of Maine
FIX ME Program, Maine State Housing Authority, Augusta, Maine
In response to several complaints received from program recipients
(homeowners), we performed a review of the Maine State Housing Authority’s
(MSHA) FIX ME Program. Our objective was to evaluate MSHA’s administration
of the program.
Our review identified deficiencies in the following areas: contractors
did not obtain the required local building permits and local building
inspections, work write-ups/cost estimates were not prepared by
CAP agencies, one CAP agency did not properly document the required
inspections of repair work, and MSHA’s monitoring reviews of CAP
agencies (which administer the day to day operations of the program)
were limited in scope and did not disclose the type of problems
identified by the complainants. In our opinion, the overall design
and structure of the FIX ME Program allowed these problems to occur
because of a lack of adequate controls. MSHA needs to improve and
standardize their procedures, and establish clear lines of accountability
to prevent similar problems from recurring.
Issue Date: June 16, 1999
Audit
Report No.: 99-BO-202-1002
File Size: 84KB
Title: Westbrook HA HOPE I Implementation Grant Westbrook, ME
We conducted an audit of the Westbrook Housing Authority in specific
relation to its HOPE 1 Implementation Grant Program. The purpose
of our review was to determine whether the Housing Authority provided
adequate accountability for awarded Federal funds; maintained records
which identify the source and application of Federal funds; and
carried out its home ownership activities as described in its HUD
approved grant application.
Our audit disclosed a significant portion of HUD's HOPE 1 Implementation
Grant award of $717,000 to the Housing Authority was not needed
to accomplish the goal of home ownership. We found that the Housing
Authority is nearing completion of their home ownership program
and has sold over 75 percent of the units; however, only 13 percent
of grant funds were used toward accomplishing this goal. We further
found that the Housing Authority did not use sale proceeds of $420,000
to accomplish stated objectives in their grant application; that
grant funds and sale proceeds were commingled with the low income
housing general fund; and that such funds were used for unauthorized
and unrelated purposes including non-federal assisted housing programs.
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