Foa_Content_of_FR-6400-N-13.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Lead Hazard Reduction Grant Program

FR-6400-N-13

08/24/2020

Table of Contents Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

F. Supplementation

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements Affecting Eligibility

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Administrative, National and Department Policy Requirements for HUD recipients

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

Lead Hazard Reduction Grant Program Funding Opportunity Number:

FR-6400-N-13

Primary CFDA Number:

14.905 Due Date for Applications:

08/24/2020 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Availability (NOFA) to invite applications from eligible applicants for the program and purpose described within this NOFA. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For Further Information Regarding this NOFA: Please direct questions regarding the specific requirements of this Notice of Funding Availability (NOFA) to the office contact identified in Section VII.

OMB Approval Number(s):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The purpose of the Lead-Based Paint Hazard Reduction (LHR) grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, counties/parishes, Native American Tribes or other units of local government in undertaking comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations.

Program funds will be awarded to applicants to accomplish the following objectives:

a. (Targeted Units) Target lead hazard control efforts in housing units where children less than six years of age are at greatest risk of lead poisoning (pre-1960, and, especially, pre-1940 construction), which has historically included children in low-income and minority neighborhoods, to reduce the likelihood of elevated blood lead levels in these children.

b. (Cost Effectiveness) Utilize cost-effective lead hazard control methods and approaches that ensures the long-term safety of the building occupants.

c. (Capacity) Build local capacity of trained and certified individuals and firms to safely and effectively address lead hazards during lead hazard control, and renovation, remodeling, and maintenance activities. Another core element for capacity includes the development of comprehensive, community-based approaches to integrating this grant program within other local initiatives through public and private partnerships that address housing related health and safety hazards and or serve low income families with children under the age of six (6).

d. (Affirmative Marketing) Establish and implement a detailed process of monitoring and ensuring that units made lead-safe units are affirmatively marketed, and priority given, to families with children under age 6 years for not less than three years.

e. (Data Collection) Gather pre- and post-treatment data that supports and validates lead hazard control investments. Program data collected should support the evaluation of grant program activities and outcomes.

f. (Targeted Outreach and Education) Conducting targeted outreach, affirmative marketing, education or outreach programs on lead hazard control and lead poisoning prevention designed to increase the ability of the applicant to deliver the specified lead hazard control services through this program; including educating owners of eligible rental properties, tenants, and others on the benefits and expectations of participating in this program provided by Title X of the Residential Lead-Based Paint Hazard Reduction Act.

2. Changes from Previous NOFA.

High Impact Neighborhood- Not more than ten , rather than seven, jurisdictions with areas of no more than four contiguous census tracts which contain high concentrations of pre-1940 housing, in which low-income families with children are a significantly higher proportion of the population compared to the State average, and for which the instances of elevated blood lead levels in the jurisdiction reported to the State are significantly higher than the State average. For further clarification please see Program Definitions below

Below are other changes from the previous NOFA:

The High Impact Neighborhood funding maximum is $9,000,000 rather than $9,100,000 as in FY 2019.

If you received Lead Hazard Reduction grant funding in 2018 or 2019, you are not eligible to apply under this program.

In Rating Factor 2 Target Area Need, a new table 1C must include the data on the percentage of children under age 6 in the jurisdiction who had been tested for confirmed elevated blood lead level (EBLL), the percentage of children under age 6 in the application’s target area with a confirmed EBLL (>= 5 μg/dL), and the data sources for these percentages, which had been sought in a narrative in the 2019 NOFA.

The Healthy Homes Supplement has a new maximum amount up to $700,000 for previous grantees and up to $400,000 for first time grantees.

3. Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). The obligation to affirmatively further the purposes and policies of the Fair Housing Act.

Assistance Listings (formerly CFDA) is a directory of the various Federal listings, projects, services and activities offering financial and non-financial assistance and benefits to the American public. An Assistance Listing (CFDA) Number is the unique number assigned to each program, project, service or activity listed in the Catalog of Federal Domestic Assistance

(CFDA).

Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424.

Award, as used in this NOFA means a federal grant OR cooperative agreement as specified in Section II.E (Type of Funding Instrument).

Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for more information about the Consolidated Plan and related Action Plan).

Contract means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this NOFA does not include a legal instrument, even if the non-Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward (See 2

CFR 200.22.)

Contractor means an entity receiving a contract.

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.

Curable Deficiency – Applicants may correct a curable deficiency with timely action.

To be curable the deficiency must:

Not be a threshold requirement, except for documentation of applicant eligibility;

not influence how an applicant is ranked or scored versus other applicants; and be remedied within the time frame specified in the notice of deficiency.

Non-Curable Deficiency – An applicant cannot correct a non-curable deficiency after the submission deadline.

Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

DUNS Number is the nine-digit identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. Requests for a DUNS number can be made by visiting the Online DUNS Request Portal.

Eligibility requirements are mandatory requirements for an application to be eligible for funding.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFA.

Non-Federal Entity is a state, local government, Indian tribe, institution of higher education (IHE), or non-profit organization carrying out a Federal award as a recipient or sub recipient.

If eligible applicants under the NOFA include for profit entities, this definition of non-federal entity includes for profit entities.

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AOR. The POC is listed in item 8F on the SF-424.

Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

Recipient means a non-Federal entity receiving an award directly from HUD to carry out an activity under a HUD program.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the recipient. It does not include payments to a contractor or payments to an individual beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. The legal agreement must contain the subrecipient’s assurance of compliance with program requirements, including but not limited to nondiscrimination and equal opportunity requirements.

Subrecipient is a non-Federal entity receiving a subaward from a pass-through entity to carry out part of a HUD program; but does not include an individual beneficiary of such program. A subrecipient may also receive other Federal awards directly from a Federal awarding agency (including HUD).

System for Award Management (SAM), is a U.S. Government system that consolidated the capabilities of Central Contractor Registry (CCR), Excluded Parties List System (EPLS) and the Online Representations and Certifications Application (ORCA). Registration with SAM is required for submission of applications via Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility.

Unique Entity Identifier is a number used to identify a specific commercial, nonprofit, or government entity. SAM states that currently Dun & Bradstreet (D&B) is the designated entity to establish and maintain the DUNS Number as the unique entity identifier required for registration in SAM and further used throughout federal procurement, financial assistance, and financial management systems. Beginning December 2020, the DUNS number will no longer be the official identifier for entities doing business with the government.

4. Program Definitions Areas with the Highest Lead-Based Paint Abatement Needsmeans jurisdictions with the highest lead-based paint abatement needs with at least 3,500 pre-1940 occupied rental housing units, based on American Community Survey 2013-2017 (i.e., the most recent) data; see Rating Factor 2 and Appendix B

Capacity Building means providing resources to build local capacity for work to address lead-based paint hazard control and other work addressing housing related health hazards. This could include delivery of HUD and/or EPA approved lead hazard control training courses and completion of other HUD-approved courses that further the effectiveness of lead hazard control interventions or promote the integration of this grant program with housing rehabilitation, property maintenance, weatherization, healthy homes initiatives, and housing-related health hazard interventions.

Community Health Workers (CHW) are specialists who serve as a liaison, link and intermediary between health services and the community to facilitate access to services and improve the quality and cultural competence of service delivery. Examples of job titles considered to be Community Health Worker positions include but are not limited to Promotores(as) de Salud; Community Health Educators; Health Communicators; Outreach Workers; and Health Advocates.

Equipment Purchase means the purchase of equipment such as an X-ray fluorescence (XRF) analyzer needed to execute lead hazard control interventions.

High Impact Neighborhoods means areas of no more than four contiguous census tracts within communities which contain high concentrations of both pre-1940 housing and low-income families. Additionally, high impact neighborhoods have instances of elevated blood lead levels within the jurisdiction reported to the state that are significantly higher than the state average.

Inspections/Testing means performing lead dust, soil/paint-chip testing, XRF testing, lead-based paint inspections, risk assessments, clearance examination, and engineering and architectural activities that are required and in direct support of interim control and lead hazard control work.

Inspections and testing assess eligible housing units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards from paint, dust, or soil through the use of the mentioned testing procedures.

Insurance means securing liability insurance for housing-related environmental health and safety hazard evaluation and control activities, if the scope of the insurance is restricted to work under this grant.

Lead-Based Paint Hazard Control means the control or elimination of all lead-based paint hazards identified in housing units and in common areas of multi-family housing through either interim controls or lead-based paint abatement, or a combination of both. For a complete description of interim controls and abatement, see HUD’s 2012 Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (“HUD Guidelines”), located at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

Occupant Blood Testing means conducting pre-hazard control blood lead testing of persons residing in or frequently visiting units enrolled for or undergoing lead hazard control work.

Other Jurisdiction means a jurisdiction with pre-1978 housing that has lead-based paint hazards.

Relocation means carrying out temporary relocation for families and individuals while the remediation is conducted and until the time the affected unit receives clearance for re-occupancy.

Support Costs Associated with Lead Hazard Control Activities means activities that directly support the undertaking of lead hazard control, and without such support activities, the lead hazard control could not be conducted. These costs may include: staff costs for intake, review https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines and approval of applications and preparation of documents to be signed by applicants for lead remediation work; staff costs for arranging for temporary relocation; staff costs associated with reimbursement and assisting residents in relation to lead hazard control; on-site monitoring of lead hazard control activities; and travel and transportation for staff that perform lead hazard control.

Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities, or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing for the elderly, persons with disabilities, or 0 bedroom dwelling. In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary, at the Secretary's discretion, may designate an earlier date.

Worker Protection means a standard for worker rights adopted by the Occupational Safety and Health Administration (OSHA)’s Lead Standard for the Construction Industry, title 29 Code of Federal Regulations 1926.62. This regulation covers lead, including metallic lead, all inorganic lead compounds, and organic lead soaps; therefore, the standard includes workers in the lead-based paint abatement industries. Additionally, lead-based paint abatement contractors must protect their workers in accordance with 29 CFR 1926.62. At a minimum, workers shall be provided with appropriate respiratory protection and disposable clothing. Other protections of section 1926.62 may also apply depending on the levels of lead exposure to the workers.

Hygiene practices should also be used to prevent exposure and prevent and prevent take-home of lead dust.

B. Authority.

The Lead-Based-Paint Hazard Reduction (LHR) Grant Program is authorized by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852), and funding is provided by the Further Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94), and the Consolidated Appropriations Act, 2019 (Public Law 116-6, approved February 15, 2019).

The Healthy Homes Supplemental funding is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect occupant health. The Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2), and funding is provided by the Further Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94), and the Consolidated Appropriations Act, 2019 (Public Law 116-6, approved February 15, 2019).

II. Award Information.

A. Available Funds Funding of approximately $ 275,000,000 is available through this NOFA.

Additional funds may become available for award under this NOFA, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFA.

Approximately $38,000,000 of the amount above is available for the Healthy Homes Supplemental funding and is available only to applicants who are awarded an LHR grant.

B. Number of Awards.

HUD expects to make approximately 70 awards from the funds available under this NOFA.

For information on the methodology used to make award determinations under this NOFA, please see Section V.B Review and Selection Process below.

Funding will be set aside for applicants that have never received an award under the Lead Hazard Reduction grant program. If there are an insufficient number of eligible applicants to use this set-aside, the funding will be made available to other eligible grant applicants. If there are more eligible applicants for this set-aside than can be funded using the set aside, the highest rated applicants will be awarded, and the remaining eligible applicants will be evaluated along with the remaining group of eligible applicants.

C. Minimum/Maximum Award Information For the purposes of application under this FY 2020 NOFA; you should consider the minimum and maximum funding amounts below as you develop your program approach and budget for consideration.

The following is a breakdown of estimated total funding available for Lead-Based Paint Hazard Reduction High Impact Neighborhoods: $66,000,000 Highest Lead-Based Paint Abatement Needs: $95,000,000 Other Jurisdictions: $76,000,000 Healthy Homes Supplemental funding: $38,000,000 Total $275,000,000

The minimum award for any applicant to request under this NOFA is $1,000,000 other than a High Impact Neighborhood applicant. The maximum award amounts for the Lead-Based Paint Hazard Reduction grant program will be divided into the following categories:

1. High Impact Neighborhoods = minimum award of $6,000,000; maximum award of $9,000,000 Applicants for the High Impact Neighborhoods funding must be a jurisdiction that is one of the counties or cities listed in Appendix A and have received a Lead Hazard Control grant previously. These applicants will need to be able to implement this project to demonstrate how intensive, extended, multi-year interventions can dramatically reduce the presence of lead-based paint hazards in those communities. These no more than 10 grantees will have 60 months to utilize their grant funds and serve no more than four contiguous census tracts in which there are high concentrations of housing stock built before 1940, in which low income families with children make up a significantly higher proportion of the population as compared to the State average, and that are located in the jurisdictions in which instances of elevated blood lead levels reported to the State are significantly higher than the State average.

To help applicants determine potential eligibility for the High Impact Neighborhoods grant category, HUD developed the online mapping tool available through the link in Appendix C (https://www2.census.gov/geo/pdfs /education/CensusTracts.pdf). This mapping tool allows https://www2.census.gov/geo/pdfs/education/CensusTracts.pdf https://www2.census.gov/geo/pdfs/education/CensusTracts.pdf users to identify possible eligible Census tracts within a given jurisdiction. Applicants must select one to four contiguous (that is, two or more areas that are adjacent to one another, sharing either a common boundary or at least one common point census tracts as the proposed target area. The mapping tool outputs a document highlighting selected census tracts and corresponding eligibility; this tract selection document should be included in the application. The census tract code (11-digit codes that contain a 2- digit code for the state, a 3-digit code for the county, and 6 digits for the census tract) for each selected census tract must be clearly outlined by applicants for consideration. Note the tool can only be used to identify potentially eligible tracts. In order for a selected neighborhood to be considered eligible, the proposed census tracts must be highlighted as eligible in the mapping tool and the proposed jurisdiction must meet the additional eligibility criteria outlined above(regarding being a previous Lead Hazard Control grantee, and having demonstrated higher-than-State-average prevalence,(i.e., “the percentage of a population that is affected with a particular disease at a given time”) of elevated blood lead levels reported to the state. Note also, that if your jurisdiction such as a county, includes another jurisdiction, such as a city within, that will not be part of your target area (e.g., the county’s health department works only in the suburbs because the city’s health department works within the city limits), you must select only census tracts that are in the portion of your jurisdictions in which you will be working.

Grant funds shall be made available for draw down contingent upon the grantee meeting cost-savings, productivity, and grant compliance benchmarks established by the Secretary.

Specifically, these contingencies are that each grantee must meet the grant compliance benchmarks to be identified by the grantee and approved by the Government Technical Representative for the grant as part of the grant’s work plan, with the cost-savings and productivity benchmark being that the average cost per housing unit is less than the average for high-performing grantees i.e., $12,000 per housing unit (excluding Healthy Homes activities) plus an adjustment for the cost of living in the jurisdiction, its state, or the nation based on information from the U.S. Department of Labor’s Bureau of Labor Statistics (e.g., https://data.bls.gov/timeseries/cuur0000sa0) and either the U.S. Office of Personnel Management (www.federalpay.org/gs/locality) or other source of locality cost of living information as determined by the Secretary.

2. Areas with the Highest Lead-Based Paint Abatement needs with at least 3,500 pre-1940 occupied rental housing units = minimum award of $1,000,000; maximum award of $5,000,000.

3. Other Jurisdictions = minimum award of $1,000,000; maximum award of $4,000,000.

4. Jurisdictions that have never received an LBPHC or LHRD grant or whose grant period of performance ended 2 or more years ago = minimum award of $1,000,000; maximum award of $3,000,000.

Healthy Homes Funding

The maximum award amount for the Healthy Homes Supplemental funding will be divided into the following categories:

1. High Impact Neighborhoods jurisdictions, and Highest Lead-Based Paint Abatement Needs https://data.bls.gov/timeseries/cuur0000sa0 http://www.federalpay.org/gs/locality jurisdictions, and other jurisdictions (but see below) = $700,000

2. Jurisdictions that have never received an LBPHC or LHRD grant or whose grant period or performance ended 2 or more years ago = $400,000

Census tracts are small, relatively permanent statistical subdivisions of a county; on average, they contain about 4,000 residents. They are uniquely numbered in each county with a numeric code, as discussed below. More information is available at https://www2.census.gov/geo/pdfs /education/CensusTracts.pdf www.federalregister.gov/d/2011-21647 www.merriam-webster.com/dictionary/prevalence

Estimated Total Funding:

$ 275,000,000 Minimum Award Amount:

$ 1,000,000 Per Project Period Maximum Award Amount:

$ 9,000,000 Per Project Period D. Period of Performance Estimated Project Start Date:

09/30/2020 Estimated Project End Date:

09/29/2025 Length of Project Periods:

Other Length of Periods Explanation of Other:

For all grants except for the High Impact Neighborhoods grants category, the period of performance is expected to be 42 months project and the budget period is expected to end 03/30/2024.

For the High Impact Neighborhoods grants category, the period of performance is expected to be 60 months project and the budget period is expected to end 9/29/2025 (with no possibility of an extension).

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) F. Supplementation.

For this NOFA, sub-section "F. Supplementation" is Applicable https://www2.census.gov/geo/pdfs/education/CensusTracts.pdf https://www2.census.gov/geo/pdfs/education/CensusTracts.pdf http://www.federalregister.gov/d/2011-21647 http://www.merriam-webster.com/dictionary/prevalence

HUD is providing grantees with an option to request Healthy Homes Supplemental funding. The Healthy Homes Supplemental funding request is an additional amount distinct from the requested federal lead hazard control grant award amount for this program and must be treated as such. A separate SF 424 must be filled out and attached to the grant application package in the grants.gov system to receive these funds in addition to the required narrative and budget documents as detailed in the rating factors below.

The Healthy Homes Supplemental request must also be clearly indicated in your abstract. It is your responsibility to include the additional SF 424 requesting the Healthy Homes Supplement amount as a separate additional award and to clearly define in the abstract and the narrative submitted the exact dollar amount requested for both the Lead Based Paint Hazard Reduction Grant award and any total amount of Healthy Homes Supplement requested to ensure that the breakdown of the total request is accurately reflected on any such awarded application. Please Note: As described in section III.C.3.a, below, in the event you request an amount over the maximum award, on line 18a of the SF 424, the application will not pass threshold and will not be reviewed.

III. Eligibility Information.

A. Eligible Applicants.

State governments County governments City or township governments Special district governments Native American tribal governments (Federally recognized) Others (see text field entitled "Additional Information on Eligibility" for clarification) Information on Eligible Applicants Only cities, counties/parishes, and other units of local government, and certain States and Native American Tribes (those that have an EPA-authorized lead abatement certification program on the submission deadline) are eligible applicants. Multiple entities may apply as a consortium, but a principal (lead) applicant responsible for ensuring compliance with NOFA requirements must be designated, and each entity must meet the Resolution of Civil Rights Matters threshold requirement.

If your department or agency does not report directly or through a direct chain of command to your jurisdiction’s chief executive officer (governor, county executive, mayor, etc.), you must identify the specific statute(s) (e.g., 1 MyState Revised Code 2345) establishing it as a part of the government, and either attach the relevant wording, or include the specific freely accessible web address(es) in the application.

An applicant with at least 3,500 pre-1940 occupied rental housing units (either alone or through a consortium) may apply under the Highest Lead-Based Paint Abatement Needs grants category for up to $5,000,000.

An applicant that has been a prior lead hazard control grantee and has at least one area of up to four contiguous census tracts: (a) with high concentrations of pre-1940 housing in which low-income families with children make up a significantly higher proportion of the population than http://grants.gov/ the State average, and (b) that are located in a jurisdiction in which instances of elevated blood lead levels reported to the State are significantly higher than the State average, may apply under the High Impact Neighborhoods grants category for up to $9,000,000.

An applicant that would be a first-time grantee or whose previous lead hazard control grant ended 2 or more years before the deadline may request up to $3,000,000. An applicant whose previous grant ended less than 2 years ago may request up to $4,000,000 (Other Jurisdictions).

An applicant requesting funding under the High Impact Neighborhoods or Highest Lead-Based Paint Abatement Needs category that does not meet the applicable criteria will be put into the general applicants pool and the requested amount lowered to the maximum for the category under which they are assigned, i.e., $3,000,000 or $4,000,000, as above, if the requested funding exceeded the applicable maximum.

B. Ineligible Applicants.

The following are not eligible entities for this competition and applications will not be reviewed:

1. Individuals.

2. Non-Profit Organizations. Applications from organizations established under section

501(c) (including any subsidiary sections) of the Internal Revenue Code will not be reviewed.

3. 2018 and 2019 Lead Hazard Reduction grant awardees.

4. Foreign entities.

5. Sole proprietorship organizations.

C. Cost Sharing or Matching.

This Program requires cost sharing or matching as described below.

Match is required for this program by statute 42 U.S.C. 4852(h) and Public Law 116-

94. Generally, Federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program’s authorizing statute (for example, HUD’s Community Development Block Grants program).

The chart below describes the match percentage requirement, minimum percentage of Federal funds for lead hazard control activities, and maximum administrative cost (as a percentage of federal funds). The minimum match requirement applies to the federal lead hazard control requested amount for applicants for each of the four lead hazard reduction funding categories and excludes the requested Healthy Homes (HH) Supplemental funding amount.

Match and Cost Requirements Table.

Program Minimum Match (of federal request)

Minimum Lead Hazard Control Costs

Maximum Administrative Costs

Lead Based Paint Hazard Reduction

10 percent

(excluding HH Supplemental funds)

65 percent

(excluding HH Supplemental funds)

10 percent

(excluding HH supplemental funds)

Matching Funds Evaluation.

Applicants must include the Matching Contribution Table below and should match the commitment on the form HUD 424 CBW and the SF 424 application documents submitted under this opportunity. The SF 424 and the match table will constitute the applicants’ commitment to fund the match requirement. The applicant is responsible for all match commitments, including those from donors, discounts and property owners, should those contributions not materialize.

The table should indicate the source, proposed eligible uses and amounts of match committed on the SF424 and Form HUD_424_CBW. Add additional rows to the table, as needed, for each match.

Source of Allowable Match Purpose of the Match

Match Amount

Shared costs or matching funds and contributions must not be paid by another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs.

NOTE : Community Development Block Grant (CDBG) funds may be used as match to satisfy the matching resource requirements, provided they are specifically designated for the activities and costs allowed in this NOFA. Proposed matching commitments that are not eligible, such as, funding sources that are federal (e.g. HOME or Weatherization Assistance Program funds) or that are not committed for allowable uses (e.g., rehabilitation, code compliance) will not be counted towards satisfying the match requirements of the programs in this NOFA.

Evidence of match commitment. You must provide documentation of all match indicated on the SF424 and the Form HUD_424_CBW by letters of firm commitment, such as Memoranda of Understanding or other signed agreements from those entities identified as partners in the application with your submission to this NOFA. All letters of commitment, including those provided by your organization, MUST clearly identify the dollar amount or value, the source(s) of the funds, and the proposed uses of matching funds being committed. Commitments for match to be supplied by your organization must be supported by a letter signed by the authorized official whose signature appears on the SF424 detailing sources and uses of the committed match. The commitment documentation must mention this NOFA and have been signed on or after the date this NOFA was published. You must show that matching contributions will be used specifically for allowable program costs and come from allowable non-federal sources. Both the source of the funds and use of the funds must comply with the requirements of this NOFA. The Department will track and monitor all match commitments according to Office of Management and Budget (OMB) and program requirements.

Permissible Match Contributions. Examples of eligible sources that are permissible as match contributions include:

Documentation of Contributions from Property Owners. Homeowners or landlords (owners) may contribute match dollars. You must provide detailed documentation of the cost to be paid by the homeowner or landlord. Only owner contributions for eligible activities will count as match. Owner contributions must be supported and verified by a third party: for example, materials or labor that the owner paid for or provided must be substantiated via receipts/records. You must document and verify all owner-provided labor through a third party, and this labor must be valued at market rates.

The value of in-kind donated items, such as paint and other materials or equipment that are used for lead-based paint hazard control, must be established at market rates.

For services or products provided at a discounted rate and used an eligible use under the grant, the discounted part of the fee or price is the eligible match, not the entire value of the services or products. For example: if a supply company provides a product to the contractor at a lower rate, the difference in the cost of the product the supplier would typically charge, and the discounted rate is a match if otherwise eligible.

Third Party In-Kind Contributions. See 2 CFR 200.306 for additional information on third party in-kind contributions.

D. Threshold Eligibility Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated.

1. Outstanding civil rights matters must be resolved to HUD’s satisfaction prior to grant award, provided that all applicable legal processes have been satisfied.

2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFA that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times.

a. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants who after review are confirmed to have civil rights matters unresolved at the application deadline will be deemed ineligible; the application will receive no further review, will not be rated and ranked, and will not receive funding. Such matters include:

Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex, national origin, disability or familial status;

Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a);

Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act or 13 of 55 a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

Receipt of a letter of findings identifying systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974; or the Americans with Disabilities Act; or

Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income.

b. Documentation of Resolution. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline will resolve the matter. Examples of actions that may be sufficient to show documentation of resolution of these matters include (all options must have been completed prior to the application deadline date), but are not limited to:

o Current compliance with a voluntary compliance agreement signed by all the parties;

o Current compliance with a HUD-approved conciliation agreement signed by all the parties;

o Current compliance with a conciliation agreement signed by all the parties and approved by the state, governmental or local administrative agency with jurisdiction over the matter;

o Current compliance with a consent order or consent decree;

o Current compliance with a final judicial ruling or administrative ruling or decision; or

If the applicant has a HUD Office of the Inspector General (OIG) and/or Government Accountability Office (GAO) finding, it must be resolved if the applicant is awarded a grant before HUD will execute the grant. It is within HUD’s discretion to determine that prompt resolution is unlikely and for HUD to withdraw the award on that basis and make the funds available elsewhere.

c. Request Funding Amount. You must clearly document the requested federal funding amount on line 18a of the SF424 (Application for Federal Assistance), and the Form HUD_424_CBW (HUD Detailed Budget Worksheet including Total Budget).

d. Applications Not in Scope with Program Purpose. Applications submitted to conduct activities other than lead-hazard control evaluation and remediation and, if Healthy Homes Supplement funding is also being requested, evaluation and control of housing-related health and safety hazards, will not be reviewed.

e. Duplicate Application. Only one application will be accepted from any given state, tribal or local government under this NOFA. Title X requires that each award be made to “A State or unit of local government” (42 U.S.C. § 4852(b) or, by extension based on an EPA determination, to a federally-recognized tribe that is authorized by that Agency to administer its lead activities certification program, rather than to an individual agency of such a government, so that only one award may be made to an eligible government. If more than one application is received from a state, tribal or local government, whether from the same or a different government agency, the most recent application that was received by Grants.gov that meets the timely receipt requirements will be considered for review and funding, and the other applications will not be reviewed.

f. Match Requirement. If the application does not include documentation that details the minimum 10 percent matching requirement as described in the Cost Sharing or Matching section, above, it will not be reviewed.

g. Required Documents. If the application does not contain each of the required application documents as indicated in Section IV, below, it will not be reviewed.

h. Jurisdiction Identification. If the applicant does not clearly identify in the application the jurisdiction in which it intends to utilize these program resources, the application will not be reviewed. State applicants may list more than one city, town or borough, or other comparable local jurisdiction terminology (e.g., parish if appropriate), as the focus of their jurisdiction.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.

Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities Equal Participation of Faith-Based Organizations in HUD Programs and Activities

F. Program-Specific Requirements Affecting Eligibility.

1. Allowable Costs and Activities. This section applies to allowable costs and activities funded under this NOFA. Allowable costs are determined in accordance with the cost principles in 2 CFR part 200, subpart E - Cost Principles. Costs and activities outlined in http://grants.gov/ https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps sections 2) and 3) below are not considered administrative costs and, therefore, do not count as part of the 10 percent administrative cost cap of this program.

** For more information on Allowable Costs, please see Policy Guidance 2015-01 Clarification of Costs for Lead Based Paint Hazard Reduction Programs. Available at https://www.hud.gov/sites/documents/2015-01_COST_CATEGORIES.pdf

2. For the purposes of application under this FY 2020 NOFA; you should consider the minimum and maximum funding amounts below as you develop your program approach and budget for consideration.

The minimum award for any applicant to request under this opportunity is $1,000,000 except that for the Lead-Based Paint Hazard Reduction in High Impact Neighborhoods category, the minimum award is $6,000,000.

The maximum award amounts for the Lead-Based Paint Hazard Reduction grant program will be divided into the following categories:

a. High Impact Neighborhoods = $9,000,000 Applicants for the High Impact Neighborhoods funding must be a jurisdiction that is one of counties or cities listed in Appendix A and have received a Lead Hazard Control grant previously. These applicants will need to be able to implement this project to demonstrate how intensive, extended multi-year interventions can dramatically reduce the presence of lead-based paint hazards in communities containing high concentrations of both pre-1940 housing and low-income families by achieving economies of scale that substantially reduce the cost of lead based paint remediation activities and administrative costs. These applicants will have 60 months to utilize their grant funds and serve no more than four contiguous census tracts in which there are high concentrations of housing stock built before 1940, in which low income families with children make up a significantly higher proportion of the population as compared to the State average, and that are located in the jurisdictions in which instances of elevated blood lead levels reported to the State are significantly higher than the State average.

b. Highest Lead-Based Paint Abatement Needs jurisdictions = $5,000,000

c. Other state and local jurisdictions (but see below) = $4,000.000

d. Jurisdictions that have never received an LBPHC, LHRD or LHR grant or whose last grant’s period of performance ended 2 or more years ago = $3,000,000

The maximum award amount for the Healthy Homes Supplemental funding will be divided into the following categories:

a. Large, urban jurisdictions or other state/local jurisdictions (but see below) = $700,000

b. Jurisdictions that have never received an LBPHC or LHRD grant or for which their last LBPHC or LHRD grant period of performance ended 2 or more years ago= $400,000

Healthy Homes Supplemental funding is exclusively for direct costs associated with the identification and remediation of the housing related health and safety hazards identified in each individual eligible unit. A complete Healthy Homes Assessment of each individual unit results in a report and scope of work that prioritizes hazards found and corresponds with priorities based on the community needs identified while reflective of a maximum amount per unit. Those costs allowable with the Healthy Homes Supplemental funding include costs for completing an assessment to identify housing hazards that affect health, development of scopes of work of the https://www.hud.gov/sites/documents/2015-01_COST_CATEGORIES.PDF identified hazards, and conducting remediation of identified and documented health and safety hazards that are individualized for each of the housing units selected to receive this funding where lead hazard control activities are being completed. Eligible costs also include re-evaluation of the completed work, reporting, and notification to occupants and owners, if different, of the nature and results of the remediation.