Continnum_of_Care_Supplemental_FR-6500-N-25S.pdf

U.S. Department of Housing and Urban Development

Community Planning and Development

Continuum of Care Supplemental to Address Unsheltered and Rural Homelessness

FR-6500-N-25S

10/20/2022

Table of Contents

OVERVIEW

I. Funding Opportunity Description and Program Overview

II. HUD's Homeless Policy Priorities and Program Highlights

III. Continuum of Care Program Requirements

IV. Award Information

V. Eligibility Information

VI. APPLICATION AND SUBMISSION INFORMATION

VII. Application Review Information

VIII. Project Review and Selection Process

IX. Award Administration Information

X. Appeals

XI. Agency Contacts

XII. Other Information

OVERVIEW

Application Due Date:

October 20, 2022 The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. 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 NOFO - Please direct specific program requirements of this NOFO to the office contact identified in Section XI.

Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a valid OMB control number. Each NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320.

https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

OMB Approval Number(s):

2506-0218; 2506-0112 I. Funding Opportunity Description and Program Overview A. Program Description. The purpose of this Special NOFO to Address Unsheltered and Rural Homelessness (Special NOFO) is to target efforts to reduce unsheltered homelessness, particularly in communities with very high levels of unsheltered homelessness and homelessness in rural areas. Through this Special NOFO, HUD will award funding to communities to implement coordinated approaches -- grounded in Housing First and public health principles -- to reduce the prevalence of unsheltered homelessness, and improve services engagement, health outcomes, and housing stability among highly vulnerable unsheltered individuals and families.

HUD expects applicant communities to partner with health and housing agencies to leverage mainstream housing and healthcare resources.

The Continuum of Care (CoC) Program (24 CFR part 578) is designed to promote a community-wide commitment to the goal of ending homelessness; to provide funding for efforts by nonprofit providers, states, Indian Tribes, tribally designated housing entities (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103) (TDHEs)), and local governments to quickly rehouse homeless individuals, families, persons fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking, and youth while minimizing the trauma and dislocation caused by homelessness; to promote access to and effective utilization of mainstream programs by homeless individuals and families; and to optimize self-sufficiency among those experiencing homelessness.

B. Authority. The authority for this NOFO is the CoC Program that is authorized by Subtitle C of Title IV of the McKinney-Vento Homeless Assistance Act, (42 U.S.C. 11381–11389) (the Act), and the CoC Program rule found in 24 CFR Part 578 (the Rule). The authority to include activities eligible under the Rural Housing Stability Assistance program under section 491 of such Act (42 U.S.C. 11408) in grants awarded under this NOFO is section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a; Public Law 116-94, approved December 20, 2019). The funds for this NOFO are from recaptured unspent CoC Program funds that are available for reuse pursuant to such section 231.

C. Deadline. The deadline for submitting applications to HUD for the initial selection process in the Special NOFO is October 20, 2022. Applicants must complete and submit their applications in e-snaps at https://esnaps.hud.gov/. See Sections VI.E, F, and G of this NOFO for application submission and timely receipt requirements.

D. Available Funds. Approximately $322,000,000 is available in this Special NOFO. Of this amount, $54,500,000 is available only for projects that serve rural areas as defined in section III.C.2.k and $267,500,000 is available for projects as part of the Unsheltered Homelessness Set Aside. Funds were set aside for grants in rural areas pursuant to section 231 of the FY 2020 Appropriations Act and may be used only to fund projects serving rural areas. The funds for the Unsheltered Homelessness Set Aside were set aside pursuant to Section 231 of the FY 2020 Appropriations Act and may be used by HUD, with Congressional approval, for the Continuum of Care competition. HUD may add to the total amount with available funds under and pursuant to such section 231. All application requirements are included in this NOFO. HUD will require https://esnaps.hud.gov/

Collaborative Applicants to rank all projects as described in Sections I.E.3 and II.B.1 of this

NOFO.

E. Summary of the Application Process. This Special NOFO is administered under 24 CFR Part 578 unless otherwise provided in Section V.3.e.2. of this NOFO for the Rural Set Aside.

Note: This Competition is separate from the FY 2022 CoC Program Competition. Therefore, any information provided in response to the selection criteria in Section VII will not be carried forward to the CoC’s FY 2022 CoC Program application, and any amounts applied for or awarded under this Special NOFO will not impact the amount the CoC may apply for or be awarded in the FY 2022 CoC Program Competition.

Applicants should review and follow the steps as outlined below to ensure applications are complete and submitted timely. Documents referenced in this section can be found on the HUD website.

1. CoC Registration. CoCs do not need a separate registration for this Special NOFO Competition. Only Collaborative Applicants that completed the FY 2022 CoC Program Registration in accordance with https://www.hud.gov/sites/dfiles/CPD/documents/CoC/2022-02cpdn.pdf may apply for this funding opportunity.

2. Special NOFO Available Funding Opportunities. CoCs will have the opportunity to submit projects for two funding opportunities through this Special NOFO: (1) Unsheltered Homelessness Set Aside and (2) Rural Set Aside. CoCs may apply for projects under one or both funding opportunities as follows:

a. Unsheltered Homelessness Set Aside. Projects included in this funding opportunity may serve any geographic area within the CoC and must meet all eligibility and quality threshold requirements established in this Special NOFO. A CoC’s maximum award amount for this funding opportunity is described in Section III.J of this NOFO.

b. Rural Set Aside. Projects included in this funding opportunity must serve geographic areas that meet the definition of “rural area” as defined in Section III.C.2.k of this NOFO and meet all eligibility and quality threshold requirements established in this Special NOFO. CoCs whose geographic areas do not include any rural areas are not eligible for funding under this funding opportunity. A CoC’s maximum award amount for this funding opportunity is described in Section III.J of this NOFO.

3. CoC Project Review and Ranking. Project applications must be submitted to the CoC to be included on the CoC Priority Listing (see Section VI.F.3 for more information). CoCs must review and either accept and rank, or reject project applications submitted to them, including project applications for CoC Planning and Unified Funding Agency (UFA) Costs. All project applications approved by the CoC must be listed on the CoC Priority Listing in rank order.

4. Special NOFO Consolidated Application Submission. Collaborative Applicants, including any Collaborative Applicant designated by HUD as an UFA, are responsible for submitting the CoC Consolidated Application in e-snaps on behalf of the CoC. The CoC Consolidated Application is made up of the following three parts:

a. CoC Application. The Collaborative Applicant must provide information about the CoC planning body, governance structure, overall performance, the strategic planning https://www.hud.gov/sites/dfiles/CPD/documents/CoC/2022-02cpdn.pdf process, and their CoCs Plan for Serving Individuals and Families Experiencing Homelessness with Severe Service Needs. This part of the application is scored and will determine the order in which CoCs are funded. CoCs may apply for both the Unsheltered Homelessness Set Aside and the Rural Set Aside (if they have rural areas in their geography), or only the Unsheltered Homelessness Set Aside or the Rural Set Aside. If CoCs are planning to apply for funds through the Unsheltered Homelessness Set Aside they must complete the entire application as described in Section VII.B of this NOFO. If a CoC is only planning to apply for funds through the Rural Set Aside, however, they need only answer the questions marked as required for the Rural Set Aside in Section VII.B of this NOFO.

b. Project Application. All project applications, including CoC planning and UFA costs, must be completed by project applicants and must describe the population(s) and subpopulation(s) they will serve, the type of housing and services that will be provided, and the budget activities that are being requested. Collaborative Applicants applying for CoC planning and UFA Costs (if designated as an UFA by HUD) must provide a description of the activities that will be carried out with CoC Program grant funds. For more information on project applications, see Section V of this NOFO. Additionally, all project applicants must ensure their organization has a Code of Conduct that complies with the requirements of 2 CFR part 200 and is on file with HUD at https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conduct. If the organization's Code of Conduct does not appear on HUD's website, the project applicant must attach its Code of Conduct that includes all required information to its Project Applicant Profile in e-snaps.

c. CoC Priority Listing. The CoC Priority Listing includes:

(1) four separate project listing forms- Unsheltered Homelessness Set Aside, Rural Set Aside, CoC planning, and UFA Costs (if applicable)-where each project application must be reviewed, approved, and have a unique rank number or be rejected;

(2) form HUD-2991, Certification of Consistency with the Consolidated Plan, which must be signed and dated between June 22, 2022 and October 20, 2022.

Additionally, applicants that propose to locate a project on a reservation or trust land must include a tribal resolution from the tribe authorizing the applicant to do so or a letter from an official or principal of the Indian Tribe or TDHE who is authorized to act on behalf of the Indian tribe or TDHE indicating approval. Tribes do not need to include a tribal resolution or a letter from an official of the Indian Tribe or TDHE who is authorized to act on behalf of the Indian tribe or THDE to site a project on their own reservation or trust land. A tribal resolution is the formal manner in which the tribal government expresses its legislative will in accordance with its organic documents. In the absence of such organic documents, a written expression adopted pursuant to tribal practices or a letter from an official or principal of the Indian Tribe or TDHE who is authorized to act on behalf of the Indian tribe or TDHE will be acceptable.

The project listing forms rank all project applications in order of priority and identify any project applications rejected by the CoC. In this competition, HUD is also requiring Collaborative Applicants to rank CoC planning and UFA Costs with unique rank https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conduct numbers. The Collaborative Applicant cannot accurately complete the project listing forms of the CoC Priority Listing until all project applications have been submitted to the CoC. For more information on the CoC Priority Listing, see Section VI.F.3 of this

NOFO.

F. Eligible Applicants.

1. Collaborative Applicants. Only those CoCs with a valid registration for FY 2022 will have access to the Special NOFO Consolidated Application, which includes the CoC Application, the CoC Priority Listing, and the project application(s). CoCs should not attempt to change Collaborative Applicants during this Special NOFO Competition without HUD's prior approval, unless HUD replaces the CoC's designated Collaborative Applicant under the authority of Section 402(c) of the Act. HUD will approve Collaborative Applicant changes outside the annual CoC Program Registration process under the following circumstances:

a. the Collaborative Applicant made an error when entering the Collaborative Applicant name in the CoC Applicant Profile;

b. the Collaborative Applicant designated by the CoC is no longer in business;

c. the CoC selected a new Collaborative Applicant; or

d. a new Collaborative Applicant was selected by HUD as a remedial action under Section 402(c) of the Act.

In cases where the CoC needs to change the Collaborative Applicant approved during the FY 2022 CoC Program Registration process, the CoC must notify the local HUD CPD field office, in writing, stating the reason for the Collaborative Applicant change. The notice to HUD must provide documentation of the CoC's approval of the change (e.g., a copy of the meeting minutes to include the date and attendees).

2. Project Applicants. Eligible project applicants for the CoC Program are identified in Section V.A and V.B.3.a of this NOFO. For-profit entities are ineligible and applications from them will not be reviewed.

G. Local Competition Deadlines. 24 CFR 578.9 requires CoCs to design, operate, and follow a collaborative process for the development of an application in response to a NOFO issued by HUD. As part of this collaborative process, CoCs should implement internal competition deadlines and notification processes to ensure transparency and fairness at the local level. The implementation of deadlines that meet the standards outlined in Section VI.G.1.b of this NOFO for project applications will be part of the scoring criteria (see Section VII.B.1.b).

H. CoC Review of Project Applications. HUD expects each CoC to implement a thorough review and oversight process at the local level for the project applications submitted to HUD in the Special NOFO Competition. It has been HUD’s experience that many project applications contain information that results in conditions on the grant; or for more serious infractions, a project application being rejected. Deficient project applications prolong the review process for HUD, which results in delayed funding announcements, lost funding for CoCs due to rejected projects, and delays in funds to house and assist individuals and families experiencing homelessness. CoCs are expected to closely review information provided in each project application to ensure:

1. all proposed program participants will be eligible for the program component type selected;

2. the information provided in the project application and proposed activities are eligible and consistent with program requirements at 24 CFR part 578, unless otherwise provided in Section V.3.e.(2) of this NOFO for the Rural Set Aside;

3. each project narrative is fully responsive to the question being asked and that it meets all the criteria for that question as required by this NOFO;

4. the data provided in various parts of the project application are consistent;

5. any project ranked on the Rural Set Aside project listing exclusively serves rural areas as defined by this NOFO; and,

6. all required attachments correspond to the list of attachments in e-snaps that must contain accurate and complete information that are dated between June 22, 2022 and October 20, 2022.

I. Special NOFO Competition. CoCs and applicants should read this NOFO in its entirety in conjunction with the Rule to ensure a comprehensive understanding of and compliance with all CoC Program requirements. This NOFO frequently references citations from the Rule.

1. HUD will conduct a threshold review (see Section V.C.3.c and Section VIII.A.1 for more information) of ranked projects for all CoCs that submit the Special NOFO Consolidated Application by the application deadline.

2. HUD may issue more than one funding announcement.

3. HUD will score the Special NOFO CoC Application portion in accordance with the criteria set forth in Section VII.B of this NOFO.

II. HUD's Homeless Policy Priorities and Program Highlights A. Policy Priority.

1. Unsheltered Homelessness. Unsheltered homelessness is continuing to rise in many areas of the country and recent analysis of homelessness data shows that people experiencing unsheltered homelessness report significantly greater health challenges and experiences of trauma and violence than their sheltered peers. These challenges often begin before they lose their housing. This NOFO supports this highly vulnerable population by supporting CoCs in their efforts to identify people living in unsheltered situations, including encampments, and connects them with health and housing resources. It also supports CoCs in their efforts to enhance their Homeless Management Information System (HMIS) to collect more comprehensive data on people experiencing unsheltered homelessness in their geographic area.

2. Unsheltered Homelessness and Individuals and Families Experiencing Homelessness with Severe Service Needs in Rural Areas. Rural areas often lack the resources and infrastructure for providing homeless services and permanent housing. Additionally, rural areas often require unique strategies to solve challenges specific to their geography. To support CoCs in their efforts to end unsheltered homelessness in their rural areas, this NOFO targets resources to rural areas and provides additional eligible activities to address some of the unique needs of rural areas.

3. Providing Assistance on Tribal Lands. Indian Reservations and Trust Lands may be all or part of a CoCs’ geographic areas, and Indian Tribes and Tribally Designated Housing Entities are eligible recipients of CoC Program funds. This NOFO provides additional incentives for creating projects that serve individuals and families in geographic areas that have high levels of homelessness, housing distress, or poverty, and are located where CoC services have until now been entirely unavailable, such as, for example, Trust Lands and Reservations.

4. Involving a Broad Array of Stakeholders in the CoC’s Efforts to Reduce Homelessness.

Ending homelessness cannot be achieved by homeless service organizations alone. It requires coordination with a variety of other stakeholders, including affordable housing developers, mainstream service providers, the business community, victim service providers, political leaders, and healthcare providers. This NOFO supports and encourages CoCs to invite a variety of stakeholders to develop and implement a CoC Plan to Serve Individuals and Families Experiencing Homelessness with Severe Service Needs.

5. Advancing Equity. In nearly every community, Black, Indigenous, and other people of color as well as individuals who identify as LGBTQ+ and individuals with disabilities are substantially overrepresented in the homeless population. HUD is emphasizing system and program changes to address equity within CoCs through identifying and addressing the needs of subpopulations who are disproportionally more likely to experience homelessness, such as the populations identified above, and other populations who are disproportionately more likely to experience homelessness. CoCs should be reviewing their strategies to support and serve underserved communities in their geographic area, identify barriers that led to any disparities in communities being served, and take steps to eliminate these barriers. This includes, in conjunction with people experiencing homelessness, reviewing local policies, procedures, and processes to determine where and how to address disparities affecting underserved communities experiencing homelessness.

6. Use a Housing First approach. Housing First prioritizes rapid placement and stabilization in permanent housing and does not have service participation requirements or preconditions.

Projects funded under this NOFO should help individuals and families move quickly into permanent housing, and the CoC should measure and help projects reduce the length of time people experience homelessness as well as ensure projects are correctly implementing a Housing First approach. Additionally, CoCs should engage landlords and property owners to identify an inventory of housing available for rapid rehousing and permanent supportive housing participants, remove barriers to entry, and adopt service delivery methods that respond to the preferences and needs of the individual or family presenting for assistance.

B. CoC Program Implementation. The following list highlights important information that applicants should consider as they are preparing the CoC Application and project application(s).

This is not an exhaustive list of considerations or requirements; therefore, all applicants and CoC stakeholders should carefully review the Rule for comprehensive information.

1. Review of CoC Rankings. CoCs will be required to rank all project applications to be considered in the selection process, including project applications for CoC planning and UFA costs (as applicable), submitted by project applicants in e-snaps. HUD will not review any project that is rejected by the CoC.

2. HUD Funding Process. HUD will use two processes to select projects for this Special NOFO –one for the Unsheltered Homelessness Set Aside and one for the Rural Set Aside.

The maximum amount of funding available for each set aside can be found in section III.J of this NOFO

a. Unsheltered Homelessness Set Aside. HUD will select CoCs for funding based on CoC score, meaning the highest scoring CoC will have its rated and ranked projects that pass thresholds as described in Section V.C.3 and VIII.A.1 of this NOFO conditionally selected for funding. HUD will select projects in this manner until no more funds are available.

b. Rural Set-Aside. Projects included on the CoC’s Rural Set Aside project listing will be selected in order, up to the CoCs maximum funding amount, based on project application scores HUD will award as follows:

HUD will award a point value to each project application that is on the Rural Set Aside project listing using a 100-point scale:

(1) CoC Score. Up to 50 points in direct proportion to the score received on the questions from the CoC Application required to be answered for the Rural Set Aside (e.g., if a CoC received 60 out of 89 points on the Rural Set Aside CoC Application questions, the project application would receive 34 out of 50 points for this criterion).

(2) CoC Project Ranking. Up to 40 points for the CoC’s ranking of the project application(s). To consider the CoCs ranking of projects, point values will be assigned directly related to the CoC’s ranking of project applications. The calculation of point values will be 50 times the quantity (1-x) where x is the ratio of the cumulative funding requests for all projects or portions of projects ranked higher by the CoC on the Rural Set Aside project listing plus one half of the funding of the project of interest to the total amount of funding available for the rural set aside. For example, if a CoC is eligible to apply for projects totaling $500,000 in the rural set aside and applies for 5 projects of $100,000 each: the highest-ranked project would receive 36 points, and then the subsequently ranked projects would receive 28, 20, 12, and 4 points

(3) Serving Structurally Disadvantaged Areas. 10 points if the project applicant makes a commitment to serve individuals and families in geographic areas that have high levels of homelessness, housing distress, or poverty, and are located where CoC services have until now been entirely unavailable, such as, for example, trust lands and reservations.

3. CoC Planning and UFA Costs. CoC planning and UFA costs are only available for the Unsheltered Homelessness Set Aside and are included in the maximum amount of funding for which a CoC is eligible to apply. Therefore, any CoC planning or UFA costs requested by the CoC for the Unsheltered Homelessness Set Aside must be ranked on the CoC Priority Listing. CoCs may apply for planning and UFA costs, if its Collaborative Applicant is a HUD-approved UFA. Projects for CoC Planning costs must not exceed 3 percent of the CoC’s maximum award amount for the Unsheltered Homelessness Set Aside.

Further, projects for UFA Costs must not exceed 3 percent of the CoC’s maximum award amount for the Unsheltered Homelessness Set Aside. If, after projects are selected for conditional award, the requested planning or UFA amount is more than 3 percent of the amount awarded for projects, HUD will adjust the award to be no more than 3 percent of the amount awarded in projects for the Unsheltered Homelessness Set Aside.

4. Participant Eligibility. Projects funded through this NOFO must have the following eligibility criteria for program participants:

a. Unsheltered Homelessness Set Aside. Projects funded through the Unsheltered Homelessness Set Aside must have the following eligibility criteria for program participants:

1. meet the criteria of paragraph (1) of the definition of homeless at 578.3, except that persons coming from transitional housing must have originally come from places not meant for human habitation, emergency shelters, safe havens, or institutions where they resided for 90 days or less and originally came from places not meant for human habitation, safe havens, or emergency shelters; or

2. meet the criteria of paragraph (4) of the definition of homeless at 578.3.

b. Rural Set Aside. Projects funded through the Rural Set Aside may serve any program participant meeting the criteria of the definition of “homeless” in 24 CFR 578.3, except in order to serve individuals and families meeting the criteria of paragraph (3) of the definition of homelessness the CoC must receive approval to do so as described in Section VII.C of this NOFO.

c. For both funding opportunities, references to paragraphs of the definition of homelessness refer to the paragraphs listed under the definition of “homeless” in 24 CFR

578.3. All projects must participate in coordinated entry. Additionally, all projects must operate consistently with the CoC Plan for Serving Individuals and Families Experiencing Homelessness with Severe Service Needs described in Section VII.B.4 of this NOFO.

5. HMIS. As directed by Congress, HUD must provide an annual estimate of all individuals and families experiencing homelessness nationwide and within the territories. Therefore, all CoCs must have an HMIS that has the capacity to collect unduplicated counts of individuals and families experiencing homelessness and provide information to project subrecipients and applicants for needs analysis and funding priorities. Additionally, CoC and Emergency Solutions Grants (ESG) Program recipients must participate in the local HMIS; unless a recipient is a victim service provider or legal service provider, in which case it must use a comparable database and provide de-identified information to the CoC. For many communities, the inclusion of ESG recipients and subrecipients and other HUD federal partners (e.g., the Department of Health and Human Services and Department of Veterans Affairs) that require their programs to use the CoC’s HMIS, will mean an increase in users that the HMIS must be able to accommodate. HUD expects communities to be able to use the HMIS information as well as aggregate data from comparable databases to review performance for the entire CoC geographic area, not just at the project level. The HMIS Lead should continue to consider any unique needs that the HMIS might be required to address to accommodate emergency shelter, street outreach, homelessness prevention, and other federal programs.

6. Comprehensive CoC Plan to Serve Individuals and Families Experiencing Homelessness with Severe Service Needs. As part of this NOFO, CoCs are being required to develop a plan for Serving Individuals and Families Experiencing Homelessness with Severe Service Needs (see Section VII.B.4 for more information). These plans must describe the CoC’s current strategies for conducting coordinated and comprehensive outreach, providing access to low-barrier shelter and other temporary accommodations, and providing immediate access to low-barrier permanent housing. Additionally, CoCs must demonstrate how they will leverage both mainstream housing and healthcare resources to assist in their efforts to end unsheltered homelessness and stabilize individuals and their families in housing and increase access to employment opportunities for those experiencing homelessness. Further, CoCs must demonstrate how they will support underserved communities, identify barriers that led to any disparities in communities being served, and support equitable community development by taking steps to address such barriers when using these funds and how they will involve individuals with lived experience in the decision making process of the CoC. Finally, CoCs must demonstrate how they will ensure resources funded under this Special NOFO will contribute to reducing unsheltered homelessness in their geographic area.

III. Continuum of Care Program Requirements A. Standard HUD Definitions

1. Affirmatively Furthering Fair Housing (AFFH), see 24 CFR 578.93(c) for specific Affirmatively Furthering Fair Housing requirements that apply to the CoC program.

2. Assistance Listings (formerly CFDA) refers to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA). Assistance Listing Number is a unique number assigned to identify a Federal Assistance listing, formerly known as the CFDA.

3. 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. Depending on specific criteria, deficiencies may be either Curable or Non-Curable.

Non-Curable Deficiencies cannot be corrected by an applicant 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.

Curable Deficiencies may be corrected by the applicant 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.

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

5. Federal award, has the meaning, depending on the context, in either paragraph (i) or (ii) of this definition:

1. (i) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR §200.101; or

(ii) The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR §200.101.

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph

(2) of the definitions of Federal financial assistance in 2 CFR §200.1, and this NOFO, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

3. Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs).

4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement in 2 CFR 200.1.

6. System for Award Management (SAM) is the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via esnaps. You can access the website at https://www.sam.gov/SAM/ . There is no cost to use SAM.

7. 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 V.C.3 Threshold Requirements.

8. Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities.

B. Departmental Resources The following links give detailed information on each resource

Affirmatively Furthering Fair Housing Code of Conduct List Do Not Pay DUNS Request/Dun & Bradstreet Federal Awardee Performance and Integrity Information System Federal Subaward Reporting System HUD Funding Opportunity HUD’s Strategic Plan HUD Grants Limited English Proficiency State Point of Contact List System for Award Management https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.huduser.gov/portal/affht_pt.html#affh https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conductgrants http://donotpay.treas.gov/ http://fedgov.dnb.com/webform https://www.fapiis.gov/fapiis/index.action https://www.fsrs.gov/ https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps https://www.hud.gov/program_offices/spm https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo https://www.hud.gov/program_offices/fair_housing_equal_opp/promotingfh/lep-faq https://obamawhitehouse.archives.gov/omb/grants_spoc https://secure.login.gov/sign_up/start?request_id=5ad569ce-2d57-4e5a-85ce-ff3062c959e0

Uniform Relocation Act Information USASpending

The Rule details the requirements with which grants awarded under this Competition must comply. Regulatory citations are provided below so applicants can refer to specific areas of 24 CFR part 578. The grant agreements will be subject to the program regulation as it may be amended from time to time. Recipients will be subject to regulatory revisions as they come into effect.

C. Definitions and Concepts. The definitions and concepts in this section include terms that are important for all applicants to understand to complete all parts of the CoC Consolidated Application in e-snaps on behalf of the CoC.

1. Definitions from 24 CFR 578.3. The following terms are defined in 24 CFR

578.3. Applicants must refer to the Rule for the definitions contained in this section.

a. Applicant

b. Centralized or Coordinated Assessment System

c. Collaborative Applicant

d. Continuum of Care

e. Consolidated Plan

f. High Performing Community (HPC)

g. Homeless Management Information System (HMIS)

h. HMIS Lead

i. Homeless

j. Permanent Housing

k. Permanent Supportive Housing

l. Point-in-Time Count (PIT)

m. Private Nonprofit Organization

n. Program Participant

o. Project

p. Recipient

q. Safe Haven

r. Subrecipient

s. Transitional Housing

t. Unified Funding Agency

u. Victim Service Provider

2. CoC Program NOFO Concepts. The following terms are not found in 24 CFR 578.3 but may be found in other areas of the Rule or are used in this NOFO to define concepts that pertain specifically to the CoC Consolidated Application.

a. Consolidated Plan Certification. The standard form, Certification of Consistency with the Consolidated Plan (form HUD-2991), in which a state or local official certifies that the proposed activities or projects are consistent with the jurisdiction's Consolidated Plan and, if the project applicant is a state or unit of local government, that the jurisdiction is https://www.hud.gov/program_offices/administration/hudclips/handbooks/cpd/13780 https://www.usaspending.gov/Pages/Default.aspx following its Consolidated Plan per the requirement of 24 CFR part 91. All project applications submitted and listed on the CoC Project Listings by the Collaborative Applicant must be included in the certification either by submitting one correctly signed and dated HUD-2991 from the appropriate jurisdiction that includes an attachment listing of all submitted projects, or a single signed and dated HUD-2991 for each individual project application from the appropriate jurisdiction.

c. Formula area. This term has the same meaning as in the IHBG Program at 24 CFR 1000.302, or any successor regulation.

e. Housing First. A model of housing assistance that prioritizes rapid placement and stabilization in permanent housing that does not have service participation requirements or preconditions (such as sobriety or a minimum income threshold). Transitional housing and supportive service only projects are considered using a Housing First model for the purposes of this NOFO if they operate with low barriers, work to quickly move people into permanent housing, do not require participation in supportive services, and, for transitional housing projects, do not require preconditions for moving into the transitional housing (e.g., sobriety or minimum income threshold) but do provide or assist with access to such supportive services if needed and requested by program participants.

f. Indian Tribe. A federally recognized tribe or a State recognized tribe as defined in Section 4 of NAHASDA (25 U.S.C. 4103).

g. Joint TH and PH-RRH Component Project. The Joint TH and PH-RRH component project combines two existing program components–transitional housing and permanent housing-rapid rehousing–in a single project to serve individuals and families experiencing homelessness. Recipients should prioritize those with the highest needs using an evidence-based approach designed to provide stable housing and services that, to the greatest extent possible, move the participant towards self-sufficiency and independence. Program participants may only receive up to 24-months of total assistance. For more information about Joint TH and PH-RRH component projects, see Section V.C.3 of this NOFO.

If funded, HUD will limit eligible costs as follows, in addition to other limitations found in 24 CFR part 578:

(1) leasing of a structure or units, and operating costs to provide transitional housing;

(2) short- or medium-term tenant-based rental assistance on behalf of program participants to pay for the rapid rehousing portion of the project;

(3) supportive services;

(4) HMIS; and

(5) project administrative costs.

When a program participant is enrolled in a Joint TH and PH-RRH component project, the recipient or subrecipient must be able to provide both components, including the units supported by the transitional housing component and the tenant-based rental assistance and services provided through the PH-RRH component, to all participants. A program participant may choose to receive only the transitional housing unit, or the assistance provided through the PH-RRH component, but the recipient or subrecipient must make both types of assistance available. Additionally, if funds under this NOFO are not being requested for both TH and PH-RRH units, the project application must still https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1000/subpart-D/section-1000.302 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1000/subpart-D/section-1000.302 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4103&num=0&edition=prelim describe the number of TH and PH-RRH units that will be utilized by the project, if selected for conditional award, and provide details in the project description of how TH and PH-RRH assistance will be provided.

h. Non-Congregate Shelter. A type of emergency shelter where each individual or family sheltered has living space that offers some level of privacy, such as hotels or motels.

i. Rapid Rehousing. A type of permanent housing meeting the requirements of 24 CFR 578.37(a)(1)(ii).

j. Reservation. For purposes of this NOFO, reservations are a type of formula area as specifically delineated under HUD’s IHBG program at 24 CFR 1000.302.

k. Rural Area. For this competition a rural area is a county which:

(1) Has no part of it within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; or

(2) Is within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area and at least 75 percent of its population is local on U.S. Census blocks classified as non-urban; or

(3) is located in a state that has a population density of less than 30 persons per square mile (as reported in the most recent decennial census), and of which at least

1.25 percent of the total acreage of such State is under Federal jurisdiction, provided that no metropolitan city in such State is the sole beneficiary of the grant amounts awarded under this NOFO. A metropolitan city means a city that was classified as a metropolitan city under section 102(a) of the Housing and Community Development Act of 1974 (42. U.S.C. 5302(a)) for the fiscal year immediately preceding the fiscal year for which Emergency Solutions Grants program funds are made available.

l. Rural Set Aside. A funding opportunity included in this Special NOFO where all projects (as described in Section I.E.2.b of this NOFO) must only serve rural areas, as defined above, within the CoCs geographic area. These funds were set aside for grants in rural areas pursuant to section 231 of the FY 2020 Appropriations Act and may only be used to fund projects serving rural areas.

n. Persons with Lived Experience. Persons with first-hand knowledge of homelessness who can share their perspective on how social, economic, and political situations affect homelessness. Provides insight, training, and voice from persons who have or are experiencing homelessness regarding the current homeless system through discussion, recommendation, and participation. CoCs must meaningfully engage persons with lived experience in the planning and application process.

o. Severe Service Needs means any combination of the following factors: facing significant challenges or functional impairments, including any physical, mental, developmental or behavioral health disabilities regardless of the type of disability, which require a significant level of support in order to maintain permanent housing (this factor focuses on the level of support needed and is not based on disability type); high utilization of crisis or emergency services to meet basic needs, including but not limited to emergency rooms, jails, and psychiatric facilities; currently living in an unsheltered situation or having a history of living in an unsheltered situation; experiencing a vulnerability to illness or death; having a risk of continued or repeated homelessness; and having a vulnerability to victimization, including physical assault, trafficking or sex work.

p. Solo Applicants. A solo applicant must submit a solo applicant project application in e-snaps prior to the application submission deadline. Additionally, for HUD to consider its solo application, a solo applicant must also meet all the requirements outlined in Section X.C of this NOFO. (See 24 CFR 578.35(a)).

a. Tribal Resolution. For the purposes of this NOFO, this term has the same meaning as in 24 CFR 1003.4: “…the formal manner in which the tribal government expresses its legislative will in accordance with its organic documents. In the absence of such organic documents, a written expression adopted pursuant to tribal practices will be acceptable.”

r. Tribally Designated Housing Entity. For purposes of this NOFO, this term has the same meaning as in Section 4 of NAHASDA (25 U.S.C. 4103)

s. Trust Land. For purposes of this NOFO, trust lands are a type of formula area as delineated under HUD’s IHBG program at 24 CFR 1000.302.

t. Underserved Communities. Populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. These communities include Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

u. Unsheltered Homelessness Set Aside. A funding opportunity included in this Special NOFO, designed to support communities in their efforts to understand and reduce unsheltered homelessness across their geographic area, where projects (as described in Section V.B.4.a of this NOFO) must serve individuals and families who qualify as homeless under paragraph (1) except that persons coming from transitional housing must have originally come from places not meant for human habitation, emergency shelters, safe havens, or institutions where they resided for 90 days or less and originally came from places not meant for human habitation, safe havens, or emergency shelters, or paragraph (4) of the definition of homeless at 24 CFR 578.3. Unlike the Rural Set Aside, projects may be located in any part of the CoC’s geographic area.

D. Establishing and Operating the CoC. 24 CFR 578.5 and 24 CFR 578.7 detail the requirements for the establishment of a CoC and its operations.

E. CoC Geographic Area. 24 CFR 578.5 require representatives from relevant organizations within a geographic area to establish a CoC to carry out the duties within the geographic area.

The boundaries of identified CoC geographic areas cannot overlap, and any overlapping geographies are considered Competing CoCs. HUD follows the process at 24 CFR 578.35(d) to determine which CoC HUD will fund in the case of CoC geographic areas that overlap.

F. Planning Duties of the CoC. Planning duties for CoCs are detailed in 24 CFR 578.7(c).

G. Centralized or Coordinated Assessment System. 24 CFR 578.7(a)(8) details the responsibilities of the CoC to establish and operate the system. In addition to the definition and responsibilities established in the regulation, HUD also posted on the HUD website the CPD-17- 01: Notice Establishing Additional Requirements for a Continuum of Care Centralized or Coordinated Assessment System in January 2017, establishing additional requirements. CoCs https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1003/subpart-A/section-1003.4 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4103&num=0&edition=prelim https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1000/subpart-D/section-1000.302 https://www.hud.gov/sites/documents/17-01CPDN.PDF https://www.hud.gov/sites/documents/17-01CPDN.PDF https://www.hud.gov/sites/documents/17-01CPDN.PDF may use planning costs to design and plan for the implementation of a centralized or coordinated assessment system. These systems help communities assess the needs of program participants and effectively match homeless persons with the most appropriate resources available to address their particular needs.

H. CoC Program Components. 24 CFR 578.37 states that CoC funds may be used for projects under five program components: permanent housing (including rapid rehousing and permanent supportive housing); transitional housing; Supportive Services Only; HMIS; and in some cases, homelessness prevention. Only designated HPCs may carry out homelessness prevention activities through the CoC Program. Although CoCs were able to apply for HPC designation during the FY 2022 CoC Program Registration process, HUD did not receive any requests for HPC designation; therefore, no CoCs may request funds for homelessness prevention. Under this Special NOFO, HUD will fund projects in these components:

1. Permanent Housing;

2. Supportive Services Only; and

3. HMIS.

In addition to funding projects that use these components, Collaborative Applicants may apply for projects that include the Transitional Housing and Permanent Housing-Rapid Re-Housing components in a single project, a Joint TH and PH-RRH component project. See section V.B.3.e for a discussion of component projects under the rural set aside.

I. Collaborative Applicant. HUD will only review CoC Consolidated Applications submitted from the Collaborative Applicant that has been designated by the CoC.