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345 SE 5th, Madras, OR 97741 | 541.475.2275
Federal officials are preparing to take action against the Warm Springs Housing Authority for failure to appropriately manage federal housing funds.
After the U.S. Department of Housing and Urban Development identified deficiencies in the way federal housing funds were managed during a July 25, 2008, site visit, Lee Jones, public affairs officer for HUD, said the department has never received an adequate response to the findings and concerns.
"Our job is to deliver money, and then make sure the money is spent in accordance with the statutes authorizing the appropriation, and in accordance with the regulations that are adopted to implement the statutes," he said.
"Most of the violations are in relation to how they keep the books, how they spend the money, and how they account for it," Jones explained.
In the final monitoring report, issued Jan. 22, 2009, by the Northwest Office of Native American Programs -- part of HUD -- the Housing Authority was commended for transitioning to an automated accounting system, providing home maintenance courses, preparing families for home ownership, improving inspections, removing abandoned vehicles, and participating in a clean-up effort.
"The spirit of the monitoring review is to assist recipients in improving delivery of housing and community services to low-income Native Americans," the report noted.
In the report which reviewed expenditures from January 2003 through December 2007, the Housing Authority was chided for 10 findings and three concerns.
A finding is "a deficiency in a program that represents a violation of a statutory or regulatory requirement," and requires corrective action. A concern is "a deficiency in program performance, which is not a violation of a statutory or regulatory requirement."
The first concern involved background checks on commissioners which found that some could not be bonded because of criminal history. "However, the Tribe appointed these individuals in spite of this knowledge," the report stated.
The second concern was that supervisory staff did not have adequate training, and the third, that residents of affordable housing were worried about crime.
"During the onsite review, WSHA staff indicated that it might be dangerous to inspect some of its West Hills units because of potential drug-related or other criminal activity in and around these units," the report pointed out. "Staff noted that gunshots are heard daily in West Hills and that drug activity, domestic violence, assault, burglary, and child sexual abuse are common."
"Tenants are living in a state of fear constantly being worried about criminal activity and drug abuse," the report continued. "This situation is compounded by the fear of retaliation if these crimes are reported."
The report recommended additional police patrols, eviction of some tenants and homeowners and protection for others, and clean-up of all burned and abandoned units.
Under findings, the first found that the accounting system did not comply with HUD regulations, and that commissioners were being paid $100 to $150 per meeting, but the payments were not always documented.
Travel expense reports were inadequate, and utilities payments did not comply with regulations.
The second found that self-monitoring in areas such as "occupancy, finance, inspections, maintenance, and environmental" were inadequate.
Under the third finding, the Annual Performance Report for the 2007 fiscal year, which included 2005 through 2007, was inaccurate.
For the fourth finding, 24 housing units -- 11 rental and 13 homeownership units -- were inspected, and it was determined that inspection and maintenance systems were out of compliance.
Inspections weren't completed, repairs weren't made, health and safety issues were noted, and supplies were stored in a warehouse, but not tracked and controlled.
A review of environmental responsibilities resulted in another out of compliance finding -- Finding No. 5.
Environmental reviews were required for "an office remodel, clean-up of burned units, senior home repairs, and rehabilitation of 1937 Housing Act units," but weren't completed.
The sixth finding took issue with enforcement of the occupancy policy, noting that there were illegal health and safety issues involving "felonious criminal activity."
After a 2003 monitoring report, tribal police provided reports on criminal activity to the Housing Authority, which failed to act to evict tenants in violation of the occupancy policy.
"As a result, residents of affordable housing continue to live in unsafe neighborhoods, housing assets have deteriorated, and law-abiding tribal members remain on the waiting list for years to obtain adequate housing," the report noted.
In the seventh finding, HUD found problems in compliance with the occupancy system, including potential conflicts of interest, disregard of waiting lists, and families with adequate income receiving the same benefits as low-income families.
Monitoring of contractors -- particularly for 25 homes under construction on Bear Drive -- was found to be inadequate in the eighth finding. Problems included improperly installed heating and cooling systems, collapsing subfloors, and deterioring concrete walkways.
Other findings included lack of documentation on lead-based paint testing, and noncompliance with policy on wage rates on contracts funded by HUD.
An earlier report, issued on June 13, 2003, had similar findings, but after that report, the Housing Authority resolved the outstanding issues.
Lyle Rhoan, who served on the commission which was charged with overseeing the Warm Springs Housing Authority for two separate terms -- from 1996 to 2002 and from 2004 until February 2005, explained that the Housing Authority receives about $1.4 million per year in funding from HUD.
The Housing Authority administers about 118 units, primarily with the federal funding.
"We were trying to get in compliance," said Rhoan, noting that in 2004, the Housing Authority responded to all the findings.
Since then, there have been several changes in leadership -- from Tribal Council to the commission overseeing the Housing Authority down to the director.
Scott Moses was named the executive director of the Warm Springs Housing Authority late last year, after Jeff Sanders was released from that position. Moses was elected to Tribal Council in March.
