FHIP Education and Outreach Technical Correction 5.6.2020 FR-6400-N-21A-TC (1).pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiative Program - Education and Outreach Initiative (EOI) Technical Correction

FR-6400-N-21A-TC

05/11/2020

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:

Fair Housing and Equal Opportunity Funding Opportunity Title:

Fair Housing Initiative Program - Education and Outreach Initiative (EOI) Technical Correction Funding Opportunity Number:

FR-6400-N-21A-TC

Primary CFDA Number:

14.416 Due Date for Applications:

05/11/2020 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):

2529-0033

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The Fair Housing Initiatives Program (FHIP) funds fair housing organizations and other non-profits that assist individuals who believe that they have been victims of housing discrimination.

Currently FHIP provides funds to eligible organizations through competitive grants under three initiatives to carry out enforcement activities to prevent or eliminate discriminatory housing practices, and inform individuals of their rights and responsibilities under the Fair Housing Act.

The Initiatives are: the Fair Housing Organization Initiative (FHOI), the Private Enforcement Initiative (PEI) and the Education and Outreach Initiative (EOI).

This Education and Outreach Initiative (EOI) NOFA makes available $7,600,000 million to develop, implement, carry out, and coordinate education and outreach programs designed to inform members of the public concerning their rights and obligations under the provisions of the Fair Housing Act. Under the EOI NOFA, activities eligible for funding include but are not limited to: developing educational advertising campaigns, developing and distributing material, and conducting educational activities (workshops, conferences, seminars etc.) that inform people of their rights and responsibilities under the Fair Housing Act (see Section III.A for detailed eligible activities). The specific EOI NOFA includes funding for two components:

$1 million for a National Media Campaign; and $6.6 million for general education and outreach activities aimed to inform people of their rights and responsibilities under the Fair Housing Act;

This NOFA will receive applications for the EOI NOFA only. Please see the specific FHOI and PEI NOFAs for the additional FHIP funding opportunities.

2. Changes from Previous NOFA.

This technical correction announces a correction to both the total available funds under the EOI and the total designated to the General Component. The total funding availability under the FY 2020 EOI is changed to $7.6 million, and the total amount available to the General Component is $6.6 million. This reduction also reduces the total number of awards from 58 to 56. The reduction will be used to fund additional EOI activities consistent with Congressional appropriations. This Technical Correction does not substantively change the NOFA nor does it change the application deadline or rating factors. Application due remains the same.

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 Administrative Costs are reasonable costs of overall program management, coordination, monitoring and evaluation. Such costs include, but are not necessarily limited to, necessary expenditures for the following: (1) Salaries, wages, and related costs of the recipient’s staff or other staff engaged in program administration; and (2) Providing or securing legal services, providing or securing financial management services such as accountants, consultants, sub-contractors, or others retained by the organization.

Affiliate is a business entity effectively controlling or controlled by another or associated with others under common ownership or control.

Broad-based means not limited to a single fair housing issue (such as insurance, mortgage lending, or advertising), but rather covering more than one issue related to discrimination in the provision of housing covered under the Fair Housing Act.

Complaint is a filed fair housing complaint accepted by HUD or a FHAP agency as jurisdictional, or a complaint filed in a state or federal court alleging violations of the Fair Housing Act.

Fair Housing Act is Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601-3620).

Fair Housing Assistance Program (FHAP) Agencies, as described in 24 CFR 115, are State and local fair housing enforcement government agencies that receive FHAP funds to administer laws deemed substantially equivalent to the Fair Housing Act.

Fair Housing Enforcement Organization (FHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Intake is a fair housing allegation contact/query received by a fair housing organization. Intake does not include inquiries unrelated to fair housing including general housing, landlord/tenant or others. Intakes may be in-person or by phone, mail or email contact and documented through the fair housing organization’s standard intake form or database entry. Information gathered at intake starts the fair housing process. Repetitive contacts from a single individual may not be counted as an intake unless the additional contact contains a new allegation or relates to a new respondent. Intakes do not include someone returning a non-enforcement related phone call, a telemarketer calling the office, or incoming personal phone calls.

Lending discrimination means discriminatory practices against persons protected under the Fair Housing Act, in the mortgage process and includes actions that may violate the Fair Housing Act in the making, servicing, or purchasing of home loans or loans secured by a home. For instance, it includes – but is not limited to – the use of deceptive, misleading or discriminatory practices to sell services that promise foreclosure relief to homeowners, and the failure to deliver those services.

Operating Budget is an organization's total planned budget expenditures from all sources, including the value of in-kind and monetary contributions, in the period for which funding is requested.

Partnership is a collaboration with one or more identified agencies, task forces, FHAP organizations, or other groups to successfully realize the service or activity planned. A partnership may be formal and contractual with specific roles and deliverables defined, or less formal cooperation through volunteer efforts accomplished without a contract.

Qualified Fair Housing Enforcement Organization (QFHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Referral means referring an intake to HUD or a FHAP agency.

Regional/Local/Community-Based Activities are defined at 24 CFR 125.301(a) and (d).

Rural Areas include any of the following:

a. A non-urban place having fewer than 2,500 inhabitants (within or outside of the metropolitan areas).

b. A county or parish with an urban population of 20,000 inhabitants or less.

c. Territory, including its persons and housing units, in rural portions of “extended cities.”

The Census Bureau identifies the rural portions of extended cities.

d. Open country that is not part of or associated with an urban area. The USDA describes "open country" as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development.

e. Any place in whole or in part, not located in a Metropolitan Statistical Area.

Statement of Work (SOW) is a document that describes all the tasks necessary to do the work, includes all the steps needed for good management control and specificity regarding work to be done and deliverables, and provides a basis for mutual understanding of the requirements and tasks.

Technical Evaluation Panel (TEP) is a panel whose mission is to accomplish sound, impartial, and comprehensive evaluation of proposals consistent with the Notice of Funding Availability.

TEP members are selected from a diverse pool of evaluators, including HUD staff and outside (contract) individuals. Individuals are selected for TEP participation based on skill, background or expertise in areas which include but are not limited to fair housing experience, grant writing and evaluation expertise, strong analytical and writing skill, or education and outreach, civil rights or other related experience.

Testing is an investigative tool used to gather evidence. A test is a covert investigation by a QFHO or FHO involving one or more persons who initiate contact with a person or entity for gathering information about housing policies, treatment and/or practices to compare with the requirements of fair housing laws or other civil rights laws. A test may involve comparing how persons similarly situated except for a protected characteristic are being treated.

Underserved Areas are areas where there are no Fair Housing Initiatives Program or Fair Housing Assistance Program agencies and where either no public or private fair housing enforcement organizations exist or the jurisdiction is not sufficiently served by one or more public or private enforcement fair housing organizations and there is a need for service.

Underserved Populations means groups of individuals who are:

a. Of an immigrant population (especially racial and ethnic minorities who are non- English-speaking or have limited English proficiency);

b. Living in a rural area;

c. Homeless;

d. Persons with disabilities (physical or mental); or

e. Persons in areas where there is inadequate protection and ability to provide fair housing service from a State or local government or private fair housing organization.

B. Authority.

1. Section 561 of the Housing and Community Development Act of 1987, as amended (42 U.S.C. 3616), established FHIP. The implementing regulations are found at 24 CFR Part 125.

FHIP is authorized under Sec. 561 of the Housing and Community Development Act of 1987, as amended.

2. Further, Consolidated Appropriations Act, 2020 (Public Law 116-94), approved December 20, 2019.

II. Award Information.

A. Available Funds Funding of approximately $ 7,600,000 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.

However, subject to statutory constraints, at its discretion, HUD may limit the amount and actual awards made under this NOFA.

B. Number of Awards.

HUD expects to make approximately 56 awards from the funds available under this NOFA.

The number of awards made from funds available under this NOFA depends on the number of eligible applicants and other factors. We reserve the right to re-allocate funds as appropriate. For information on the methodology used to make award determinations and the reallocation and adjustment of funds under this NOFA, please see Section V.B. Review and Selection Process below.

C. Minimum/Maximum Award Information The maximum award possible under this solicitation varies. The specific maximum award amounts per component are listed under Section III, Eligibility Information.

Estimated Total Funding:

$ 7,600,000 Minimum Award Amount:

$ 125,000 Per Project Period Maximum Award Amount:

$ 250,000 Per Project Period D. Period of Performance The period of performance under this initiative is 12 months. Obligations should be made within six months of notice of the award and all grants expended in the specified agreed upon timeframe(s) established in negotiations. However, expenditures should be no more than 18-24 months from award.

Estimated Project Start Date:

08/01/2020 Estimated Project End Date:

08/01/2021 Length of Project Periods:

12-month project period and budget period Length of Periods Explanation of Other:

The period of performance under this initiative is 12 months. Obligations should be made within six months of notice of award and all grants expended in the specified agreed upon timeframe(s) established in negotiations. However, expenditures should be no more than 18-24 months from award.

E. Type of Funding Instrument.

Funding Instrument Type:

CA (Cooperative Agreement) G (Grant) HUD expects to award a cooperative agreement or grant agreement to each applicant selected for an award. HUD will set forth the relationship between HUD and an awardee using a grant or cooperative agreement, where the principal purpose is the transfer of funds, property, services, or anything of value to the awardee to accomplish an eligible public purpose.

The agreement will identify the eligible activities to be undertaken, financial controls, and special conditions, including sanctions for violations of the agreement, reporting requirements including sub-recipient reporting requirements under the Federal Funding Accountability and Transparency Act of 2006 and integrity requirements under Section 872 of the Duncan Hunter Defense Authorization Act of 2009. HUD will determine the type of instrument under which the award will be made and monitor progress to ensure that the awardee has achieved the objectives set out in the agreement. Failure to meet such objectives may be the basis for HUD determining the awardee to be in default of the grant or cooperative agreement and for exercising available sanctions, including suspension, termination, and/or recapture of funds. Also, HUD may refer violations or suspected violations to enforcement offices within HUD, the Department of Justice, or other enforcement authorities.

If funds are provided subject to a cooperative agreement, HUD will also exercise the right to have substantial involvement in all proposed deliverables, as well as the Work Plan or Statement of Work (SOW). For grants and cooperative agreements, HUD will conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables as documented in the applicant’s Work Plan or SOW. Most FHIP funds are awarded under grant agreements. However, national funds are awarded under cooperative agreements and remain in Headquarters since the grants have a nationwide impact, and therefore require more complex and frequent oversight as well as Departmental approval of deliverables, which is a higher level approval process than funds awarded under grant agreements.

F. Supplementation.

For this NOFA, sub-section "F. Supplementation" is Not Applicable

III. Eligibility Information.

A. Eligible Applicants.

Others (see text field entitled "Additional Information on Eligibility" for clarification) Information on Eligible Applicants Eligible applicants may be Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), public or private not-for-profit organizations or institutions,and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices; agencies of State or local governments;

and agencies that participate in the Fair Housing Assistance Program (FHAP). All applicants are required to complete Appendix B, EOI Eligibility Certification and submit as a part of the application. All EOI project periods are 12-18 months.

HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

The following list details the EOI Components, the approximate available funding, and the eligible applicants and activities:National Media Campaign Component (EOI-NMC)

Amount Available - $1,000,000 (we reserve the right to re-allocate funds to the other EOI funding component as appropriate.)

Applicant Eligibility - QFHOs, other FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968. Applicants must have at least five years of experience as an advertising, media or public relations organization or must partner with an advertising and media services organization with at least five years of experience as an advertising, media, or public relations organizations.

Project Period - 12-18 months Award Caps - Up to $250,000

Eligible Activities - Eligible activities shall include development of a creative and innovative education and advertising campaign designated for the FY2021 Fair Housing Month that will: 1) Provide online and other education and outreach activities that have a connection to the Fair Housing Act including activities prohibited by, and rights protected under the Act. The proposed campaign must provide a nexus between the Fair Housing Act and members of the protected classes under the Act; 2) The materials must be connected by a Fair Housing common theme or graphic design approved by HUD; 3) The applicant must identify gaps in the existing materials, including their production and availability in languages other than English; 4) The applicant may propose up to four (4) new activities to expand existing materials or develop new materials; 5. The applicant must develop a plan to publish and distribute to fair housing groups and other organizations serving members of the Fair Housing Act's protected classes; and 6) Eligible activities include, but are not limited to the development of Facebook, Twitter, Instagram, or YouTube public service advertisements; and training materials including PowerPoint presentations and other materials designed to educate individuals, organizations and housing providers about the Fair Housing Act that can be used for multiple distribution. Delivery systems may include printing hard copy materials, production of user-friendly materials on disc or electronically, and the use of social media strategies. The above activities must be developed for national distribution with appropriate number of copies, and all materials created must demonstrate a connection to furthering the non discrimination provisions of the Fair Housing Act.

General Component (EOI-G) Amount Available - $6,600,000 Applicant Eligibility - QFHOs, other FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies of State or local governments and agencies certified by the Secretary under section 810(f) of the Fair Housing Act or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

Project Period - 12-18 months Award Caps - Up to $125,000 Eligible Activities - Eligible activities are those that inform people of their rights or responsibilities under the Fair Housing Act that may include, but are not limited to:

developing and distributing fair housing material (i.e. brochures, webinars, and social media advertising); conducting educational symposia or other training; and providing fair housing information outreach through printed and electronic media into languages applicable to communities in the proposed project area (i.e. Public Service Announcements for radio, television, and newspaper advertisements).

Applicants should look to a common theme in the development of all fair housing material. All activities must have a direct connection to the Fair Housing Act or issues that may violate the Act. Housing Counseling Services are not eligible activities.

Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or Fair Housing Assistance Program (FHAP) substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

B. Ineligible Applicants.

HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

There is no statutory requirement for applicants to leverage resources; however, under Factor 4 applicants may receive points for leveraging resources.

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.

3. Minimum Score. Applicants must receive a minimum Technical Evaluation Panel (TEP) score of 75 points to be considered for funding, not including preference points.

4. Eligible Activities. When the majority of the proposed activities are ineligible (more than 50%) HUD will not fund the application.

5. Suits Against the United States. An application is ineligible for funding if, as a current recipient of FHIP funds (within the last three years), the organization used any funds provided by HUD for the payment of expenses in connection with litigation against the United States (24 CFR 125.104(f)).

6. Other Litigation. An application is ineligible for funding if the organization proposes in its current application or used funds provided by HUD (within the last three years) under this Program to fund or support the settlement of a claim, satisfy a judgment, or fulfill a court order in any defensive litigation (42 U.S.C. 3616 note Sec. 561(i)).

Only applicants deemed eligible will be ranked and rated. Applicants that do not meet one or more of the threshold requirements will not be eligible for funding.

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. Fair Housing Related Activities. All program activities/tasks and costs within the

Statement of Work (SOW) and budget must be fair housing related activities and must demonstrate an explicit connection to furthering the non-discrimination provisions of the Fair Housing Act. HUD will not fund any portion of an application that is not eligible for funding under the regulatory requirements or that does not meet the requirements under this NOFA. Only the eligible portions of a successful application will be funded.

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

2. Fair Housing Act/Protected Classes. All FHIP-funded projects must address housing discrimination based on race, color, religion, sex, disability, familial status, and/or national origin and further the non-discrimination provisions of the Fair Housing Act.

HUD is determined to ensure equal opportunity and access to housing in all communities across the nation. All services and activities must be available to all protected class members. The application’s description of proposed activities must reflect the commitment to address housing discrimination affecting all the protected classes listed above, or the applicant will be ineligible.

3. For EOI-G Applicants only. Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or Fair Housing Assistance Program (FHAP) substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

4. For EOI-G Applicants only. If the application has income restrictions for services, the application must identify the restriction, and describe how individuals who fall outside of the restrictions will be equally served and how that service is provided. If not provided, the applicant will be deemed ineligible. HUD reserves the right to request proof if the organization is selected for funding.

5. HUD will not fund an organization if the parent or its affiliate/subsidiary organization has an open grant (previously funded) under the same EOI component and will not fund both a parent organization and its affiliate/subsidiary organization under this NOFA for the same component. In addition, HUD will not allow affiliate and parent organization staff sharing protocols whereby the parent organization shares key staff with an affiliate(s). All funded organizations must be fully independent functional enforcement organizations, e.g., able to conduct business on an on-going basis without support from parent or its staff to complete proposed program activities and set apart from parent organization.

6. Co-applicants or members of a consortium must each meet the eligibility requirements of this NOFA or the applicant will be deemed ineligible. All applicants must be eligible applicants as defined in Section III A.

7. If an applicant is applying as a 501(c)(3), the applicant must be a 501(c)(3) tax-exempt organization as determined by the Internal Revenue Service (IRS) prior to the application deadline date to be eligible for funding. Applications must include an IRS report showing 501(c)(3) status. If an applicant's 501(c)(3) status has expired prior to application deadline date, the application must show that the organization has applied for renewal of tax-exempt status and that the application is pending. If 501(c)(3) status has expired and there is no information regarding the application for renewal in the organization's application at the deadline date, the applicant will be deemed ineligible. In addition, if an organization with a pending 501(c)(3) application is selected for a funding award, the applicant must provide proof that the 501(c)(3) renewal is approved prior to release of funding. If the applicant’s pending application for renewal is subsequently denied, the applicant’s organization will be deemed ineligible and the award selection will be rescinded. Further, the applicant must maintain 501(c)(3) status throughout the grant period.

8. Amount exceeding the Maximum Amount. Applicants are ineligible for funding if they request funding over the maximum amount allowed under the initiative or component for which they have apply.

9. Inconsistencies in the Requested Amount or Miscalculations. Inconsistencies in the requested amount and/or miscalculations that result in amounts over the maximum award amount will be considered excessive and the application will be considered ineligible.

10. Performance. An organization is deemed ineligible for funding under this NOFA if the organization received a “poor” rating on its last or most recent performance assessment on a prior FHIP grant for any initiative/component. The organization will remain ineligible for a period of two years after the NOFA closure date unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the General Technical Representative/General Technical Monitor (GTR/GTM) to improve future performance.

In addition, if a “poor” performance rating on another FHIP grant is received after selection and receipt of funding under this NOFA, all remaining FHIP grant funds received under this NOFA will be rescinded and the organization will be deemed ineligible. The organization will remain ineligible for a period of two years after receipt of the “poor” performance rating unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the GTR/GTM to improve future performance.

FHAP agencies under a suspension or performance improvement plan, as designated under 24 CFR Part 115.210(a) and (b) at the time of application submission are ineligible for funding unless the performance issues are resolved to HUD’s satisfaction before the application deadline.

12. Research/Survey Activities. Applicants are ineligible for funding if their project is aimed solely at research or data gathering (such as Audit Testing). If a successful application contains research and other activities, only the eligible portions of the application will be funded.

Proposed surveys or data gathering must be approved by HUD or OMB under the Paperwork Reduction Act before the application submission, or the activity is deemed ineligible.

This program requires a certification of Consistency with the Consolidated Plan under 24 CFR

91.2. This certification means the proposed activities in the application are consistent with the jurisdiction's strategic plan, and the location of the proposed activities is consistent with the geographic areas specified in the Consolidated Plan.

The Consolidated Plan also includes the jurisdiction's certification to affirmatively further fair housing, which means: (1) that it will take meaningful actions to further the goals identified in the HUD-accepted Assessment of Fair Housing (AFH) conducted in accordance with 24 CFR

5.150 through 5.180, and that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing; or (2) for jurisdictions that do not have a HUD-accepted AFH, they must continue complying with the regulations that existed prior to August 17, 2015, with respect to conducting Analyses of Impediments to Fair Housing Choice, as applicable. Under 24 CFR 91.510, for competitive programs, a certification of consistency of the application with the approved consolidated plan for the jurisdiction may be required, whether the applicant is the jurisdiction or another applicant. If you fail to provide the certification, and you do not cure the omission as a curable deficiency, HUD will not fund the application.

Participative Planning and Implementation: Applicants must identify the steps they will take to ensure that traditionally marginalized populations (such as racial and ethnic minorities and persons with disabilities) will be able to meaningfully participate in the planning process. The applicant must identify the specific populations that it will include, identify community organizations that represent these populations, and describe how these populations will be included in the planning process. For capital investment projects, grantees should commit to and demonstrate plans to employ low-income and very low-income persons and/or utilize Section 3 businesses at levels beyond those required by Section 3. In seeking public participation, applicants and recipients must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Executive Order 13166 require that grantees take reasonable steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons).

G. Criteria for Beneficiaries.

1. Single Audit Requirement. All applicants who have expended $750,000 or more in Federal financial assistance within a single year (this can be a program or fiscal year) must be audited in accordance with the requirements as established in 2 CFR Part 200.501. If an applicant receives $750,000 or more in Federal financial assistance, the application must set aside funds to complete the audit.

2. Dun and Bradstreet Numbering System. (DUNS) Numbering Requirement (refer to the www.Sam.gov website). The DUNS number used in the application must be for the applicant organization identified in Box 8a on the HUD424, Application for Federal Financial Assistance.

3. Independence of Awards. The application submitted must be independent and capable of being implemented without reliance of other applications, or other grantees(s), including staff sharing protocols of key staff. Applicants applying under one of the FHIP Initiatives may not use the performance (e.g., performance review rating or successfully completed activities) of another organization to meet the requirements of Rating Factor 1, Staffing and Organization Experience.

4. Training Funds. The applicant's proposed budget must set aside $5,000 annually to be utilized to participate in HUD sponsored mandatory or approved training. Grants that have a performance period of 12-18 months are considered 12 month grants for purposes of this requirement.

5. Grant Closeouts. Closeouts should be undertaken as specified in 2 CFR 200.343 "Closeouts".

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the CFDA Number and CFDA Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFA to which you are applying.

The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFA and forms necessary for a complete application. The Instruction Download may include Microsoft

Word, Microsoft Excel and additional documents.

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission. For example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written request at least 15 days before the application deadline and if you do not demonstrate good cause. An email request for a waiver received by HUD 15 days before the application is due will also be considered. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFA. To request a waiver you must contact:

Name:

Myron Newry Email:

Myron.P.Newry@hud.gov HUD Organization:

FHEO

Street:

451 7th Street, SW City:

Washington State:

Zip:

20410 All waiver requests will be submitted to FHEO's Assistant Secretary for a final determination.

If you are granted a waiver, the notification will provide instructions on where to submit the application and how many copies are required. If you receive a waiver of the electronic application submission requirement, your paper copy application must be received by HUD in room 5222B no later than 4:30 pm eastern time on the application deadline date. HUD applications are scanned. The scanning facility at HUD Headquarters closes at 5:00 pm eastern time. Applicants must allow adequate time for the application to be scanned through this facility.

Applications not received in 5222B by the 4:30 pm Eastern Time deadline date shall be deemed ineligible. There is no grace period for paper application submissions.

HUD will not accept a paper application without a waiver being granted and such paper applications will be returned to sender.

We advise you send your application via a carrier that provides a receipt of delivery. In addition, you will receive a confirmation (via HUD 2993 Form) confirming HUD’s receipt. This HUD receipt may not come before the submission deadline.

B. Content and Form of Application Submission.

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFA for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package.

Submission of an application that is otherwise sufficient, under the wrong CFDA and Funding Opportunity Number is a curable deficiency.

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

Application for Federal Assistance

(SF424)

Submission is required for all applicants by the application due date.

Disclosure of Lobbying Activities (SFLLL), if applicable

HUD will provide instructions to grantees on how the form is to be submitted.

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award.

HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient Disclosure/Update Report

HUD will provide instructions to grantees on how the form is to be submitted.

HUD instructions to grantees are provided by webcast, To view the webcast, click here.

Application for Federal Assistance and Assurances - Non- Construction Programs

Form SF424 & 424B. Applicants must include the nine digit zip code (ZIP code plus four

Both forms are required. The SF-424B Covers compliance with Federal legal requirements such as age and sex discrimination, environment http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv

Forms/Assurances/Certifications Submission Requirement Notes/Description digits) associated with the applicant’s address in box 8d of the SF424. Also, in Box 15, along with the Initiative, an applicant should include the Component to which you are applying.

standards and the Uniform Relocation Act.

Survey for Ensuring Equal Opportunity for Applicants

HUD Form SF-424 Supplement (“Faith Based EEO Survey

(HUD424SUPP);

(per required form).

Non-profit private organizations (not including private universities) are encouraged to submit the survey with their application.

Applicants applying electronically, may submit this survey along with the application as part of the appendix or as a separate document.

Encouraged Form

Race and Ethnic Data Reporting Form HUD-27061 Required form - post award

Budget Information HUD Form 424-

CBW

("HUD Detailed

Required form

Forms/Assurances/Certifications Submission Requirement Notes/Description

Budget Form and Worksheet)

Certification Regarding Lobbying

All applicants (except as noted below) must submit with their application the signed Certification Regarding Lobbying included in the download from Grants. gov.

Federally-recognized Indian tribes and tribally designated housing entities (TDHEs) established by federally-recognized Indian tribes are excluded from coverage of the Byrd Amendment.

The Byrd Amendment and 24 CFR part 87 prohibit recipients of federal awards from using appropriated funds for lobbying the executive or legislative branches of the Federal government in connection with a specific award.

Certification of Consistency with Promise Zone Goals and Implementation, if applicable.

Form HUD 50153, if applicable.

This form is required if applicant would like to apply for Promise Zone Bonus points.

Opportunity Zones HUD-2996 Opportunity Zones

This form is required if applicant would like to apply for Opportunity Zone Bonus points.

Additionally, your complete application must include the following narratives and non-form attachments.

Provide separate narrative responses to the Factor 1-5 criteria for each factor as described in Section V, "Application Review Information"

Project Abstract (one-page summary including Initiative and component applied, amount of funding requested, general description of project activities, areas of concentration, and issues pending resolution, if any)

Statement of Work (SOW) Narrative and SOW chart (see Appendix A for sample chart)

Budget Work Plan Narrative and Form Grant Application Detailed Worksheet (HUD

424-CBW)

Any Factor charts required under this NOFA Complete Appendix B, EOI Eligibility Certification and submit it as a part of your application

Further, all applicants must read and adhere to Initiative and Component specific submission requirements under Section III, Eligibility. Applicants must submit a separate completed electronic application for each Initiative and component for which the applicant applies.