Recommendation: Congress should consider designating an agency to regularly collect and maintain specified cost-related data from credit allocating agencies and periodically assess and report on LIHTC project development costs. (Matter for Congressional Consideration 1)

Agency: Congress
Status: Open

Comments: As of August 2020, Congress had not designated an agency to regularly collect and maintain data on LIHTC project development costs.

Recommendation: IRS's Associate Chief Counsel, in consultation with Treasury's Assistant Secretary for Tax Policy, should require general contractor cost certifications for LIHTC projects to verify consistency with the developer cost certification. (Recommendation 1)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that requiring general contractor cost certifications would help address a known fraud risk.

Recommendation: To help allocating agencies analyze development cost trends and drivers and make comparisons to other agencies, IRS's Commissioner of the Small Business/Self-Employed Division should encourage allocating agencies and other LIHTC stakeholders to collaborate on the development of more standardized cost data, considering information in this report about variation in data elements, definitions, and formats. (Recommendation 2)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that greater standardization of LIHTC cost data would facilitate analysis of cost drivers and cost-management practices.

Recommendation: IRS's Associate Chief Counsel, in consultation with Treasury's Assistant Secretary for Tax Policy, should communicate to credit allocating agencies how to collect information on and review LIHTC syndication expenses, including upper-tier partnership expenses. (Recommendation 3)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that communicating expectations about the collection and review of syndication expenses would enhance program transparency and allocating agency financial assessments.

Recommendation: The HUD Assistant Secretary for the Office of Public and Indian Housing should complete its updates of the Housing Choice Voucher (HCV) Program Guidebook and Public Housing Occupancy Guidebook to reflect current guidance on criminal history policies for its public housing and HCV programs. (Recommendation 1)

Agency: Department of Housing and Urban Development: Office of Public and Indian Housing
Status: Open

Comments: HUD is in the process of revising both guidebooks. HUD officials stated that the updated guidebooks will include revisions to reflect HUD's current criminal history policies. The revised guidebooks are expected to be completed no later than December 2019.

Recommendation: The HUD Assistant Secretary for the Office of Public and Indian Housing should review HUD's Compliance Monitoring Checklist to determine if questions should be added to address additional federal criminal history requirements and revise checklist instructions to direct HUD staff to obtain information on PHAs' implementation of these requirements during compliance reviews. (Recommendation 2)

Agency: Department of Housing and Urban Development: Office of Public and Indian Housing
Status: Open

Comments: HUD Office of Public and Indian Housing staff, including Regional Directors, reviewed the checklist and determined that no additional questions should be added as they believe the checklist currently addresses federal criminal history requirements. Therefore, they also maintain that the related checklist instructions also do no require revision.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should collect and assess more comprehensive information on regional efforts to implement the activities listed in the 2018 Standard Operating Procedure. (Recommendation 3)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG did not agree with this recommendation, stating that it was a management function not required in statute or regulation and would be unduly burdensome. We maintain the recommendation is valid. According to HUD OIG's standard operating procedures, they will be responsible for collecting and reporting statistics for some regional office activities. As discussed in this report, we believe the HUD OIG could obtain more comprehensive information on additional required regional activities using existing resources.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should, in collaboration with the FBI, determine what information on fugitive apprehensions and any estimated program savings that occur as the result of the Fugitive Felon Initiative would be most useful and consistently share such information with the FBI. (Recommendation 4)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG did not agree with this recommendation, stating that its ability to determine apprehensions and program savings is limited. However, the MOU between the HUD OIG and the FBI (as of the issuance of the report) states that the HUD OIG is to share this information with the FBI. We believe our recommendation provides sufficient flexibility for the HUD OIG and the FBI to determine what information on results would be feasible to collect, and maintain that such collaboration could better position the HUD OIG and the FBI to enhance their ability to identify any areas for improvement and evaluate the effectiveness of the initiative.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should, in collaboration with the FBI, update the Fugitive Felon Initiative memorandum of understanding (MOU) to reflect the agencies' current activities and responsibilities. (Recommendation 5)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG agreed with this recommendation and would be taking steps to address it.

Recommendation: The Director of the FBI should, in collaboration with the HUD OIG, determine what information on fugitive apprehensions that occur as the result of the Fugitive Felon Initiative would be most useful and consistently share such information with the HUD OIG. (Recommendation 6)

Agency: Department of Justice: Federal Bureau of Investigation
Status: Open

Comments: The Department of Justice agreed with this recommendation and stated that it will continually provide apprehension statistics on a fiscal year basis. The department will also collaborate with the HUD OIG to provide any additional assistance necessary for quality information sharing.

Recommendation: The Director of the FBI should, in collaboration with the HUD OIG, update the Fugitive Felon Initiative MOU to reflect the agencies' current activities and responsibilities. (Recommendation 7)

Agency: Department of Justice: Federal Bureau of Investigation
Status: Open

Comments: The Department of Justice agreed with this recommendation and will take action to update the MOU, in collaboration with the HUD OIG.

Recommendation: For RHS properties whose mortgages have matured, Congress should consider granting RHS the authority to renew annual rental assistance payments to owners who wish to continue to receive them and provide vouchers to tenants living in rental assistance units in properties whose owners choose to no longer receive rental assistance.

Agency: Congress
Status: Open

Comments: In September 2019, Sen. Jeanne Shaheen introduced S. 2567 that proposed decoupling Section 521 rental assistance from the Section 515 mortgage, allowing rental assistance to continue after the mortgage is paid in full. The bill also would expand the use of the Section 542 Rural Development Voucher program to include all tenants in properties with loans that had matured, rather than just tenants in properties with prepaid mortgages. Sen. Shaheen's bill was referred to the Senate Committee on Banking, Housing, and Urban Affairs. As of September 2020, no additional action had been taken.

Recommendation: The RHS Administrator should establish additional controls to check the accuracy of all loan information entered into RHS information technology systems, to help ensure complete, accurate, and reliable data for estimating rural rental housing property exit dates. (Recommendation 1)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: USDA said it would prioritize the development of options for the RHS Information Technology System , including dashboards and other protocols, to provide more analytical assessments and accurate data with respect to mortgage maturity dates and property-level information. It also said it would strengthen its partnership with Rural Development's Information Technology staff and develop more effective communication tools with RHS field personnel to highlight the importance of maintaining reliable data. USDA estimated it would complete these steps by September 30, 2019. However, as of May 2020, USDA officials had not provided us documentation of their efforts.

Recommendation: The RHS Administrator should establish a process to help ensure regular and frequent updates for the preservation tool and its underlying data. (Recommendation 2)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: USDA said it would embed quality assurance in the preservation tool to ensure that the underlying data are accurately sourced, maintained, and analyzed. USDA also said it would ensure involvement from RHS National Office staff and RHS field office staff in this process to maximize the resources allocated to ensuring that the tool's data are integral and timely. Finally, USDA said RHS National Office personnel in the Deputy Administrator's office will be assigned quality control responsibility for the accurate maintenance of the tool. USDA estimated it would complete these steps by September 30, 2019. However, as of May 2020, USDA officials had not provided us documentation of their efforts.

Recommendation: The RHS Administrator should establish performance goals and measures for its rural rental housing preservation and rehabilitation efforts and report out these outcomes. (Recommendation 3)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: USDA said it would incorporate preservation goals, objectives, and measures into its on-going updates and edits to handbook guidance. As an initial step, on June 4, 2018, the agency incorporated the guidance provided in the Unnumbered Letter titled "Dynamic Servicing Strategies for the Multi-family Housing Direct Loan Portfolio." The revisions also renamed Chapter 6 of the handbook to "Portfolio and Property Assessment." USDA said on-going guidance updates will prioritize preservation as the goal of servicing strategies and require program staff to exhaust all potential remedies to achieve this goal prior to proceeding to terminate assistance or otherwise not preserve the affordable housing property. USDA officials expected these and other steps to be completed by September 30, 2019. However, in May 2020, USDA officials said publication of the guidance had been delayed, and guidance was not expected to issue until early fiscal year 2022.

Recommendation: The RHS Administrator should monitor the results of rural rental housing preservation efforts and assess the degree to which those efforts yielded intended outcomes. (Recommendation 4)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: USDA said that in conjunction with its establishment of preservation goals and objectives, it would utilize a performance tracking system and establish management routines to discuss and strategize how to achieve these goals. In November 2019, USDA officials said they had assessed the Section 515 Multi-Family Housing Preservation and Revitalization demonstration program and planned to finalize a plan that would enhance program delivery efficiency and consistency within 8 months (July 2020). However, as of May 2020, USDA officials had not provided documentation showing performance tracking or routine monitoring efforts. The officials said they planned to complete an evaluation of rural housing preservation goals or objectives by the third quarter of fiscal year 2022.

Recommendation: The RHS Administrator should identify, analyze, and respond to risks to achieving its preservation goals, including resource and staffing limitations. (Recommendation 5)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: USDA said it would utilize a performance tracking system and establish management routines to discuss and strategize how to achieve its goals. According to USDA, this will include an assessment of challenges and risks that may affect the achievement of performance and preservation objectives. However, as of May 2020, USDA had not provided us documentation of its efforts to identify, analyze and respond to risks to achieving its preservation goals.

Recommendation: The Assistant Secretary for the Office of Public and Indian Housing (PIH) should complete workforce planning for the MTW demonstration to help ensure that PIH has sufficient staff with appropriate skills and competencies to manage an expanded demonstration, including reviewing reports and carrying out compliance reviews in a timely manner. (Recommendation 1)

Agency: Department of Housing and Urban Development
Status: Open
Priority recommendation

Comments: In February 2020, HUD officials stated that PIH was continuing its workforce planning efforts, including assessing the knowledge, skills, and abilities needed to implement the MTW expansion.

Recommendation: The Assistant Secretary for PIH should more fully document the process for annually assessing compliance with the five demonstration requirements. (Recommendation 2)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that they had drafted written protocols for assessing compliance with the five demonstration requirements that would be finalized by May 2019.

Recommendation: The Assistant Secretary for PIH should develop and implement a process to track how MTW demonstration funds are being used for other allowable activities, including local, nontraditional activities. (Recommendation 3)

Agency: Department of Housing and Urban Development
Status: Open
Priority recommendation

Comments: In February 2020, HUD officials stated that they were still determining the most cost effective way to track MTW demonstration funds being used for local, nontraditional activities.

Recommendation: The Assistant Secretary for PIH should identify and implement changes to PIC to capture household data for households served through local, nontraditional activities. (Recommendation 4)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that HUD planned to add fields for capturing data on households served through local, nontraditional activities to the next generation of PIC for expansion MTW agencies, which would be implemented in the summer of 2020. Officials said HUD is currently in the process of determining how the next generation of PIC will be rolled out for existing MTW agencies.

Recommendation: The Assistant Secretary for PIH should develop and implement a process to monitor MTW agencies' reserves. (Recommendation 5)

Agency: Department of Housing and Urban Development
Status: Open
Priority recommendation

Comments: In February 2020, HUD officials stated that they planned to monitor existing MTW agencies' Housing Choice Voucher reserves by revising their annual reporting requirements to require them to report their plans for and use of reserves.

Recommendation: The Assistant Secretary for PIH should clarify HUD's rent-reform definition for the MTW demonstration as part of a framework for monitoring the effect of rent-reform, work-requirement, and time-limit policies on tenants. (Recommendation 6)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that PIH would clarify the definition of rent reform for existing MTW agencies in a document responding to frequently asked questions on the annual reporting requirements and for expansion agencies in the operations notice that it was finalizing for the expansion of the MTW program.

Recommendation: The Assistant Secretary for PIH should set parameters for HUD's definition of self-sufficiency for the demonstration, either by providing one definition or a range of options from which agencies could choose, as part of a framework for monitoring the effect of rent-reform, work-requirement, and time-limit policies on tenants. (Recommendation 7)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that they planned to provide a range of suggested options for defining self-sufficiency in a document responding to frequently asked questions about the annual reporting requirements for MTW agencies.

Recommendation: The Assistant Secretary for PIH should revise HUD's guidance to MTW agencies to make it clear which elements are required in impact analyses, annual reevaluations, and hardship policies and the information required for each element as part of a framework for monitoring the effect of rent-reform, work-requirement, and time-limit policies on tenants. (Recommendation 8)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that they planned to make it clear which elements are required in impact analyses, annual reevaluations, and hardship policies in the operations notice HUD was finalizing for the expansion of the MTW program. Further, HUD officials stated that the 2016 Appropriations Act that extended the standard agreement for the existing 39 MTW agencies limits HUD's ability to revise its guidance for these agencies to make it clear which elements are required in impact analyses, annual reevaluations, and hardship policies and the information required for each element. However, they stated that guidance related to the hardship policy and annual reevaluations has been updated to include more specific parameters for what an agency must submit to HUD. As we stated in our report, this guidance is set forth outside the standard agreement, which HUD already has revised without changes to the standard agreement. Therefore, we continue to believe that HUD could revise its guidance for the existing agencies to clarify which elements are required for these documents and the information each element should include.

Recommendation: The Assistant Secretary for PIH should develop written guidance for existing MTW agencies that requires a hardship policy for public housing time limits and encourages an impact analysis, annual reevaluation, and hardship policy for work-requirement and time-limit policies for public housing and voucher programs as part of a framework for monitoring the effect of these policies on tenants. (Recommendation 9)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that they had updated their most recent annual reporting requirements for MTW agencies to require a hardship policy for public housing time limits and that they were working on finalizing guidance to existing MTW agencies encouraging an impact analysis, annual reevaluation, and hardship policy for work-requirement and time-limit policies for public housing and voucher programs.

Recommendation: The Assistant Secretary for PIH should require an impact analysis, annual reevaluation, and hardship policy for work-requirement and time-limit policies new MTW agencies adopt for their public housing and voucher programs as part of a framework for monitoring the effect of these policies on tenants. (Recommendation 10)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2020, HUD officials stated that the operations notice they were finalizing for the expansion of the MTW program would require an impact analysis, annual reevaluation, and hardship policy for work-requirement and time-limit policies new MTW agencies adopt for their public housing and voucher programs.

Recommendation: The Assistant Secretary for PIH should develop and implement a plan for analyzing the information that agencies report on the effect of rent-reform, work-requirement, and time-limit policies on tenants as part of a framework for monitoring the effect of these policies on tenants. (Recommendation 11)

Agency: Department of Housing and Urban Development
Status: Open
Priority recommendation

Comments: In February 2020, HUD officials stated that they planned to develop separate analysis plans for existing and expansion MTW agencies due to differences in the types of performance information HUD can require them to report under their MTW agreements.

Recommendation: The Administrator of RHS should develop and implement a plan for ongoing monitoring, including testing and evaluation, of the obligation tool using relevant data. (Recommendation 1)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said that implementing the recommendation would require information technology funding.

Recommendation: The Administrator of RHS should develop controls to check the reasonableness of rental assistance agreement amounts calculated by the obligation tool. (Recommendation 2)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said that implementing the recommendation would require information technology funding.

Recommendation: The Administrator of RHS should develop controls to ensure that RHS uses the inflation rates from the President's economic assumptions in developing budget estimates. (Recommendation 3)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said it would incorporate the recommended controls into the fiscal year 2021 budget cycle.

Recommendation: The Administrator of RHS should provide guidance to Rural Development state offices that specifies that prior to obligating funds, staff are to review information related to a property's mortgage servicing status. (Recommendation 4)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said it was working toward providing the recommended guidance to Rural Development state offices.

Recommendation: To better inform Congress and improve what is known about the extent to which elderly residents of Section 202 properties are assisted by service coordinators, the Assistant Secretary for Housing should develop and implement written guidance that describes how HUD staff should assess Section 202 properties' compliance with the program's supportive services requirement. Such guidance should include information on the roles and responsibilities of HUD staff for (1) identifying stand-alone Section 202 properties and (2) monitoring the supportive services requirement for Section 202 properties with grant- and budget-based service coordinators, Section 202 properties that do not have service coordinators, and stand-alone Section 202 properties.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2018, HUD noted that it is in the process of finalizing written guidance which will document the agency's expectations regarding the supportive services requirement for Section 202 properties. HUD plans to finalize the guidance and post it on its website by May 2018. In July 2019, HUD noted that it posted guidance related to service coordinators on its website in 2018. The guidance describes the roles and responsibilities of service coordinators as well is reporting policies related to budget-based service coordinators. As of October 2019, HUD noted that it is drafting guidance that includes information on identifying and monitoring stand-alone Section 202 properties. This recommendation will remain open until HUD can demonstrate providing guidance to HUD staff on (1) identifying stand-alone Section 202 properties, and (2) monitoring the supportive services requirement for various types of Section 202 properties, including properties without service coordinators and stand-alone Section 202 properties. In December 2019, we requested further information from HUD and will continue to follow up on the agency's progress toward implementing this recommendation.

Recommendation: To better inform Congress and improve what is known about the extent to which elderly residents of Section 202 properties are assisted by service coordinators, the Assistant Secretary for Housing should develop and implement policies and procedures for (1) verifying the accuracy of a sample of the performance information that Section 202 properties submit through semiannual performance reports and (2) analyzing the performance information collected.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In February 2018, HUD noted that it had implemented a pilot program in 2017 which connected the information systems that some Section 202 properties use to record information on their service coordinator programs to a "grant reporting framework." In February 2018, HUD staff told us that all Section 202 properties with Service Coordinators would be required to use the new grant reporting framework in 2018, and that the new framework included edit checks and other mechanisms designed to improve the reliability of the data reported. In July 2019, HUD noted that they are continuing work on the pilot program and have not analyzed the data yet. They also stated that the pilot includes processes to help ensure the reliability of the data. In October 2019, HUD stated that the pilot ended in FY 2018 and the new grant reporting framework became a national reporting requirement for all Multifamily service coordinator programs (grant-funded and budget-based) in FY 2019. This recommendation will remain open until HUD develops and implements policies and procedures for (1) verifying the accuracy of a sample of performance information, and (2) analyzing the performance information collected. In December 2019, we requested further information from HUD and will continue to follow up on the agency's progress toward implementing this recommendation.

Recommendation: To the extent that the CDBG program continues to be the primary vehicle used to provide post-disaster assistance for permanent housing, Congress may wish to consider providing more specific direction regarding the distribution of disaster-related CDBG assistance that states are to provide for homeowners and renters. If Congress wishes to change the proportion of assistance directed to homeowners and rental property owners in future recovery efforts, Congress could, for example, require states to demonstrate to HUD that they are adequately addressing the needs of both homeowners and renters with their CDBG allocation and other resources as a condition for receiving funds. Alternatively, Congress could direct HUD to develop a formula that accounts for the housing needs of both homeowners and renters. Such a formula could be used by states to determine the proportions of their disaster CDBG funds that should be used for housing, specifically rental housing. Further, the formula could also reflect the anticipated production levels of other programs that provide permanent housing assistance, such as the Low-Income Housing Tax Credit program.

Agency: Congress
Status: Open

Comments: Since 1993, Congress has appropriated Community Development Block-Disaster Recovery (CDBG-DR) funding in the wake of numerous presidentially-declared disasters, including, most recently, $2.431 billion in Public Law 116-20, the majority of which amount is for disasters that occurred in 2018 and 2019. Similar to previous CDBG-DR appropriations, the CDBG-DR appropriation in Public Law 116-20, enacted June 6, 2019, neither requires states to demonstrate to HUD that they adequately addressed the needs of both homeowners and renters nor, alternatively, directs HUD to develop a formula that accounts for the housing needs of both homeowners and renters. A bill introduced and reported out of committee in the 115th Congress, HR 4557, required HUD to disapprove a state action plan that detailed a grantee's use of funds if, among other reasons, the plan did not provide an equitable allocation of resources among homeowners, renters, and persons experiencing homelessness. A draft bill, whose provisions were essentially identical to HR 4557, was the focus of a hearing during the 116th Congress.

Recommendation: To strengthen formal collaboration efforts, the Secretary of Transportation should direct the Administrator of the Federal Transit Administration, and the Secretary of Housing and Urban Development should direct the appropriate program offices, to develop a plan to ensure that data collected on the various programs of the agencies related to affordable housing and transit are sufficient to measure the agencies' performance toward goals and outcomes established in the HUD-FTA action plan and the Partnership for Sustainable Communities.

Agency: Department of Housing and Urban Development
Status: Open

Comments: On November 30, 2009, we received a response from HUD stating that actions were planned or underway to address this and the other recommendation in this report. As of July 2019, we are reviewing additional documentation provided by DOT and HUD on actions they have taken.

Recommendation: To strengthen formal collaboration efforts, the Secretary of Transportation should direct the Administrator of the Federal Transit Administration, and the Secretary of Housing and Urban Development should direct the appropriate program offices, to develop a plan to ensure that data collected on the various programs of the agencies related to affordable housing and transit are sufficient to measure the agencies' performance toward goals and outcomes established in the HUD-FTA action plan and the Partnership for Sustainable Communities.

Agency: Department of Transportation: Federal Transit Administration
Status: Open

Comments: On November 30, 2009, we received a response from HUD stating that actions were planned or underway to address this and the other recommendation in this report. As of July 2019, we are reviewing additional documentation provided by DOT and HUD on actions they have taken.