Eviction Protection Grant Program_FR-6500-N-79 (1).pdf

U.S. Department of Housing and Urban Development

Policy Development and Research

Eviction Protection Grant Program

FR-6500-N-79

09/08/2021

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

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

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. Statutory and Administrative, National and Department Requirements for HUD Recipients

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Policy Development and Research Funding Opportunity Title:

Eviction Protection Grant Program Funding Opportunity Number:

FR-6500-N-79

Primary CFDA Number:

14.537 Due Date for Applications:

09/08/2021 Overview 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 questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII.

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.

OMB Approval Number(s):

2528-0331

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose

a. Program Description.

The overall purpose of the Eviction Protection Grant Program is to support experienced legal service providers, not limited to legal service corporations, in providing legal assistance at no cost to low-income tenants at risk of or subject to eviction. HUD’s Office of Policy Development and Research is making available grant funds to non-profit or governmental entities to provide services in areas with high rates of evictions or prospective evictions, including rural areas. This grant program plays an integral role in helping individuals and families, including people of color who are disproportionately represented among those evicted, people with limited English proficiency and people with disabilities, avoid eviction or minimize the disruption and damage caused by the eviction process.

Background

Eviction has long created housing instability for renter households, particularly for Black and Hispanic women and families with children. In 2016, according to the Eviction Lab, there were more than 2.3 million eviction filings and almost 900,000 court-ordered evictions (https://evictionlab.org/national-estimates/). In addition to those evicted through a legal judgment, researchers estimate a larger number of renter households are evicted informally, outside the court system. The risk of eviction is not limited to large cities. For example, an analysis of evictions found that in 2016, evictions occurred among 1 in 9 renter households in Richmond, VA, 1 in 13 in Tulsa, OK, and 1 in 21 in Albuquerque, NM. Small cities and rural areas had similar rates: 1 in 9 renter households experienced eviction in Muskegon, MI, 1 in 13 in Wilmington, DE, 1 in 8 in Houlton, WI, and 1 in 9 in Centreville, IL (with a population of 5,000) (Statement before the U.S. House of Representatives Committee on Financial Services).

Landlords do not pursue evictions equally across households. While the national eviction filing rate was 1 in 20; for Black renters, it was 1 in 11. People of color, women, and families with children are more likely to be evicted. A study found that almost 15 percent of American children born in large cities between 1998 and 2000 had experienced an eviction by age 15. The percentage was approximately 29 percent for children living in deep poverty. (Lundberg and Donnelly. 2019. A Research Note on the Prevalence of Housing Eviction Among Children Born in U.S. Cities. Demography, 56(1), 391–404). Among tenants at risk of eviction, Hispanic tenants in predominantly white neighborhoods were roughly twice as likely to be evicted as those in predominantly non-white neighborhoods. Hispanic tenants were also more likely to get evicted when they had a non-Hispanic landlord. (Greenberg, Gershenson, and Desmond. 2016.

Discrimination in Evictions, Harvard Civil Rights-Civil Liberties Law Review, 51, 115 – 158).

The risk of eviction has likely worsened during the Covid-19 pandemic. HUD’s analysis of the Census Bureau’s Household Pulse Survey for Week 31 (May 26 – June 7, 2021) found 7.11 million renter households were behind on their rent. It also found 1.19 million households reported eviction was “very likely” in the next two months, with an additional 2.04 million households reporting eviction was “somewhat likely.” By comparison, the 2017 American Housing Survey found 2.77 million renter households were behind on their rent and approximately 308,000 renter households thought it was “very likely” they would be evicted in the next two months. Approximately 2.98 million thought eviction was “somewhat likely.” Both surveys have wide confidence intervals associated with weighted estimates, but a simple comparison suggests missed rent payments and risk of eviction has worsened during the pandemic. These trends also suggest a potential for a rise in evictions as local and national moratoria expire.

https://www.congress.gov/116/meeting/house/110362/witnesses/HHRG-116-BA00-Wstate-DesmondM-20200114.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6358494/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6358494/ https://scholar.harvard.edu/files/mdesmond/files/hlc106_crop.pdf

The high rates of evictions have significant long-term consequences, particularly among children. Eviction has been linked to homelessness, substandard housing conditions, job instability, school instability, and depression. An eviction record can negatively affect credit and future housing options. (Desmond, Matthew. Unaffordable America: Poverty, housing, and eviction. Fast Focus, 22-2015. University of Wisconsin-Madison, Institute for Research on Poverty, 4). The national, state, and local moratoria in place during the pandemic provided critical protections for housing-insecure tenants across the country. However, as moratoria expire and unpaid rental obligations become due, millions of individuals and families face the risk of eviction and the myriad negative outcomes that accompany informal and formal eviction actions.

While states may have different processes, the eviction process typically begins with the landlord notifying the tenant of the intent to evict. The landlord may then file an eviction notice, which results in renters receiving a notice to appear in civil court. Without legal representation, most renters do not appear in court, which results in a default eviction judgment. Renters who receive an eviction judgment must leave their home by the specified date or the landlord may file to have law enforcement officers forcibly remove them and their belongings. Alternatively, the landlord and tenant may enter into a mediated agreement.

A formal notice of eviction is only one mechanism by which individuals and families experience involuntary displacement. Landlords may undertake informal evictions (some of which are unlawful), such as changing the locks, telling the tenants to leave, withholding maintenance services, and shutting off utilities. These actions frequently result in tenants moving to avoid further conflict and having a formal eviction on their record, which can inhibit them from finding a new home. The Milwaukee Area Renters Study examined formal evictions, informal evictions, landlord foreclosures, and building condemnations, all different forms of “involuntary displacement” between 2009 and 2011. The study found 1 in 8 renters (13 percent) were involuntarily displaced from housing in the two years prior to the survey. Forty-eight percent were informal evictions and 24 percent were formal evictions.

One of the leading interventions to prevent evictions is providing legal assistance to at-risk tenants. Research shows that legal representation helps tenants remain housed while also delivering financial savings to the jurisdictions. For example, a study in Baltimore found that an annual investment of $5.7 million in a right to counsel program in Baltimore would yield $35.6 million in benefits or costs avoided to the city and state. (Stout Risius Ross, LLC. May 8, 2020.

The Economic Impact of an Eviction Right to Counsel in Baltimore City).

A right to counsel in eviction proceedings has consistently been found to significantly reduce evictions (Eviction Right to Counsel Resource Center). A study in Minnesota found fully represented tenants win or settle their cases 96 percent of the time and clients receiving limited representation win or settle their cases 83 percent of the time. These figures compare with just 62 percent of tenants without any representation. Tenants with full representation were twice as likely to stay in their homes or got twice as much time to move, left court without an eviction record, and were four times less likely to use homeless shelters (Grundman & Kruger, 2018, Legal Representation in Evictions - Comparative Study). An analysis of California’s Shriver Housing Pilot Projects found clients with full representation were significantly less likely to end their cases by default (8 percent) than were self-represented defendants (26 percent) and on https://bmorerentersunited.org/wp-content/uploads/2020/05/Baltimore-RTC-Report_FINAL_5.8.2020.pdf https://bmorerentersunited.org/wp-content/uploads/2020/05/Baltimore-RTC-Report_FINAL_5.8.2020.pdf https://www.stout.com/en/services/transformative-change-consulting/eviction-right-to-counsel-resources https://www.minnpost.com/wp-content/uploads/2018/11/2018-Eviction-Representation-Results-Study-with-logos.pdf average had more days to move, were ordered less often to pay holdover damages, landlord attorney fees, and other costs (NPC Research, 2017).

Research has shown a range of services, such as alternative dispute resolution, court navigation, and legal records management, can help renters avoid eviction and remain stably housed (Benfer, Green, and Hagan. July 2020. Approaches to Eviction Prevention, working paper). A dispute resolution pilot program in Baltimore found 81 percent of the landlords and tenants who choose to participate reached a settlement. Michigan recently expanded its Eviction Diversion Program, which offers tenants an alternative to housing court, from a pilot to a statewide program. Equal Justice Works fellowships bring these resources to rural communities in the state. New York City implemented a pilot program in which navigators guided tenants through the court process, resulting in none of the tenants experiencing a forcible eviction. (Sandefur & Clark. 2016. Roles Beyond Lawyers Summary, Recommendations and Research Report of an Evaluation of the New York City Court Navigators Program and its Three Pilot Projects, American Bar Foundation).

Sealing records, so that landlords do not use a tenant’s prior rental history in evaluating rental applications, can reduce the effects of an eviction on future housing.

Tenants can also reduce their risk of eviction by learning about their rights and available services, making education and outreach critical components for positive outcomes. For example, Philadelphia’s Eviction Prevention Project, provides tenant rights workshops, a tenant hotline for legal service referrals, and court help services in addition to legal representation.

Legal assistance paired with resources offered through other service providers may further expand resolution options for clients at risk of eviction. Other resources include providing apartment search assistance for tenants who are being displaced and assisting recently evicted tenants in navigating the transition process, such as requests to transfer children’s schools or retain their home school, employment applications, and healthcare related needs. A study in Vermont found that giving a household rental assistance of $2,000 (i.e., the median amount of rent due for eviction cases caused by unpaid rent) prevented 42 percent of evictions. (Peter Beck, January 2019. Eviction in Vermont: A Closer Look, Vermont Legal Aid). Similarly, the Milwaukee study found that access to emergency housing aid reduced the eviction rate by 15 percent. A New York Times analysis found evicted families often had money judgments of less than $600, indicating that a small amount of financial assistance could prevent the significant disruptions caused by eviction.

Currently, insufficient resources prevent every tenant at risk of or subject to eviction from receiving legal representation. The Eviction Protection Grant Program supports the full range of services that work with legal representation to help individuals and families avoid eviction or minimize the disruption and damage caused by the eviction process.

b. Objectives and Priorities of this NOFO. The objectives and priorities of this NOFO include but are not limited to:

1. Distributing federal financial support to nonprofit and governmental entities to provide legal assistance, at no cost, to low-income renters facing eviction or at risk of eviction in areas with high rates of evictions or risk of evictions.

http://www.americanbarfoundation.org/uploads/cms/documents/new_york_city_court_navigators_report_final_with_final_links_december_2016.pdf http://www.americanbarfoundation.org/uploads/cms/documents/new_york_city_court_navigators_report_final_with_final_links_december_2016.pdf http://www.americanbarfoundation.org/uploads/cms/documents/new_york_city_court_navigators_report_final_with_final_links_december_2016.pdf http://www.phillytenant.org/pepp/ https://www.vtlegalaid.org/sites/default/files/Eviction-Report-VLA-3.18.19-web.pdf

2. Providing eviction protection services to historically underserved populations, including people of color, persons with limited English proficiency, and persons with disabilities.

3. Ensuring a proportionate distribution of funding amounts for rural areas, including Tribal lands, to the extent possible.

4. Building the evidence base for the activities most effective at preventing evictions and/or mitigating negative outcomes that result from evictions.

2. Changes from Previous NOFO.

Not applicable

3. Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development.

Assistance Listings means a unique number assigned to identify a Federal Assistance Listing, formerly known as the CFDA Number.

Federal Financial Assistance means assistance that entities received or administer in the form of:

1) Grant;

2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a));

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

10. Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds.

b. Federal Financial Assistancedoes not include:

1. Technical assistance, which provides services in lieu of money; and

2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant.

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.

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 HUD’s requirements regarding the Consolidated Plan and related Action Plan).

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a Federal award. For additional information on contractor and subrecipient determinations see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined in 2 CFR 200.1.

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 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.

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.

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number

System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DUNS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers.

E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization.

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The

E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.)

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

Federal award, has the meaning, depending on the context, in either paragraph (1) or (2) 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, 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.

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 NOFO.

Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a Federal award as a recipient or subrecipient.

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.

Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or regular-sized business.

The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121} https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101

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 pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract.

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly for a Federal awarding agency.

System for Award Management (SAM) means 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 Grants.gov. You can access the website athttps://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 means the identifier required for SAM registration to uniquely identify business entities.

4. Program Definitions At risk of eviction. A tenant is at risk of eviction when the household is one of the following:

(1) has been given one or more formal or informal warnings by an Evicting Party,

(2) has been notified by formal or informal means that the Evicting Party has commenced or intends to commence formal or informal eviction actions through the courts, self-help, or other means, or

(3) is being harassed, threatened, discriminated against, neglected or treated differently than other tenants or other protected classes under the Fair Housing Act or tenants by the Evicting Party or the Evicting Party’s agents in a manner that appears calculated to result in the tenant’s vacating of the property.

Evicting Party is a landlord, owner of a residential property, or other person or entity, including corporations, companies, associations, firms, partnerships, societies, joint ventures, joint stock companies, franchises and individuals, that has or purports to have a legal right to pursue eviction or possessory action.

Legal assistance, for purposes of this NOFO, is not limited to services provided by legal professionals, certified in accordance with state laws. Legal assistance includes activities undertaken pre-trial, during trial, post-trial, as part of alternative dispute resolution, and to avoid litigation. Such activities may not require legal representation, such as outreach to inform tenants of their legal and fair housing rights, assistance in understanding eviction procedures and completing forms, efforts to lessen the negative consequences of an eviction, and other eligible services provided to tenants at risk of or subject to eviction set forth in Section III.F.6 of this https://www.sam.gov/SAM/

NOFO.

Low-income means family income must be less than or equal to 80% of local area median income (AMI). The total family income, not just the income of the head of the household, will be used to determine low-income eligibility. The income limits for low-income households are based on the number of persons in the household and are shown for each part of the country and adjusted annually. See HUD’s Income limits website as of the publication of this NOFO.

Rural. For purposes of this NOFO, a rural area is defined as a statistical geographic entity delineated by the Census Bureau that does not meet the definition of an urbanized area. An urbanized area is a statistical geographic entity delineated by the Census Bureau, consisting of densely settled census tracts and blocks and adjacent densely settled territory that together contain at least 50,000 people. For more information about urbanized areas, including maps, FAQs, and reference manuals, please refer to the Census Bureau website.

Subject to eviction. A tenant is subject to eviction when:

(1) the tenant has been notified that they will be removed from the property by a sheriff, marshal or other law enforcement or private agent enforcing a civil eviction order or engaging in self-help on behalf of the Evicting Party,

(2) the tenant has been notified that they will be removed from the property by the Evicting Party or its agent, or

(3) the Evicting Party has begun the eviction process pursuant to local law.

Tenant means a person or persons who reside in a property intended for or used for residential use, including any house, building, apartment, mobile home, or manufactured housing community, or similar dwelling, who does not own the home.

B. Authority.

Funding for HUD's Eviction Protection Grant Program is provided by the Consolidated Appropriations Act, 2021, Division L, Title II - HUD Appropriations Act, 2021, provision on legal services regarding evictions (Pub. L. No. 116-260, approved December 27, 2020).

II. Award Information.

A. Available Funds Funding of approximately $ 20,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO, 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 NOFO.

B. Number of Awards.

HUD expects to make approximately 20 awards from the funds available under this NOFO.

The precise number of awards under this NOFO, which will be between 10 and 20 awards, will depend on the number of eligible proposals received and the estimated need for eviction protection services based on demographic information in the applicants’ proposed target service areas. A portion of funding under this NOFO will be made available to applicants serving tenants https://www.huduser.gov/portal/datasets/il.html file:///C:/Users/H54477/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/5UYHFJ9W/census.gov in rural areas.

For information on the methodology used to make award determinations under this NOFO, see Section V.B.

C. Minimum/Maximum Award Information Estimated Total Funding:

$ 20,000,000 Minimum Award Amount:

$ 1,000,000 Per Project Period

Maximum Award Amount:

$ 3,000,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

10/15/2021 Estimated Project End Date:

10/15/2023 Length of Project Periods:

24-month project period and budget period

Length of Periods Explanation of Other:

The period of performance for grants awarded under this program will be 24 months.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

00 (State governments)

01 (County governments)

06 (Public and State controlled institutions of higher education)

12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education)

13 (Nonprofits without 501(c)(3) status with the IRS, other than institutions of higher education)

07 (Native American tribal governments (Federally recognized))

02 (City or township governments)

25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility The following entities, if a non-profit or governmental entity, are eligible:

A State or local Public Defenders Office Public Defenders association A clinical law program at an accredited law school A State bar association Legal Service and Legal Aid providers

Eligible applicants must have in-house staff, contractors, or consultants, who are legal service providers, as defined under applicable state law, with at least three years of experience.

B. Ineligible Applicants.

Applicants that do not meet the criteria of Section III.A. are ineligible.

Individual, foreign entities, and sole proprietorship organizations are not eligible to compete for, or receive, awards made under this announcement.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

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

a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that have not been resolved to HUD’s satisfaction before or on the application deadline date are ineligible for funding. Such matters include:

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

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

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

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

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

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter.

Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

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

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

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

4. Current compliance with a consent order or consent decree;

5. Current compliance with a final judicial ruling or administrative ruling or decision; or

6. Dismissal of charges.

2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFO 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.

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.

Active Prime and Sub Recipient registration with SAM.gov 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.

1. The Eviction Protection Grant Program requires that eligible applicants be nonprofit or governmental entities that will provide legal assistance (including assistance related to https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants at risk of or subject to eviction. A proportion of the grant funds will be provided to entities that provide legal assistance to eligible tenants living in rural areas.

2. Grantees must be in compliance with, and not in default under, any applicable state or other licensing and certification requirements for providing the services covered by this NOFO. All persons providing legal services must comply with applicable state and local laws.

3. Grantees must comply with all fair housing and civil rights laws. (See Section VI.B of this NOFO.)

4. Grantees must collect, maintain, and provide to HUD the data necessary to document and evaluate grant program outputs and outcomes.

5. Grantees must cooperate fully with any research or evaluation sponsored by HUD or another government agency associated with this grant program, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators or HUD. This may include the compiling of certain relevant local demographic and participant data. Participant data must be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA and the Privacy Rule can be found atwww.hhs.gov/ocr/privacy/.

6. The Eviction Protection Grant Program is designed to provide legal assistance, including assistance related to pretrial activities, trial activities, post-trial activities and alternative dispute resolution, to eligible low-income tenants at risk of or subject to eviction. Such services are not limited to legal representation following filing of a claim of eviction, and may include assistance to tenants to avoid negative impacts associated with eviction, outreach efforts on tenants’ rights to avoid potential evictions, and other eligible services.

Eligible services for which grant funds may be used include:

Legal representation in relation to legal filings and court proceedings, including negotiation, mediation, or arbitration, and the provision of limited representation and counsel and advice.

Navigation and assistance responding to actions by the Evicting Party related to the court process or to avoid a court process, such as assistance filing forms.

Collaboration with courts, judges, and other parties to create and promote eviction diversion programs that reduce the burden of eviction cases on the courts.

Assistance with filing fair housing complaints related to eviction.

Assistance to tenants navigating the transition process in connection with vacating the rental property, including paperwork to arrange school transfers or enable students to remain at their current school, arrangements for continuation of healthcare, access to resources to obtain stable housing, etc.

Assistance to tenants to avoid or reduce the negative impacts of a potential eviction, such as referrals to other service providers like case workers to obtain rental assistance, counselors for housing or financial counseling, Emergency Rental Assistance Program (ERAP) programs, health care services, and related stabilizing measures.

http://www.hhs.gov/ocr/privacy/

Education and outreach to tenants at risk of or subject to eviction regarding their rights related to eviction, available resources, and the eviction process.

Funding rental assistance is not an eligible activity.

These examples are not exhaustive. Additional details on allowable funding uses, administrative costs and non-allowable expenses will be provided in the HUD grant agreement.

G. Criteria for Beneficiaries.

This program has eligibility criteria for beneficiaries. The beneficiary must meet all three of the following criteria:

1. Is low income, as defined in Section I.A.4;

2. Is a tenant, as defined in Section I.A.4; and

3. Is at risk of or subject to eviction, as defined in Section I.A.4.

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 Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO 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 NOFO 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 Number 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 mailed, shipped, or emailed request at least 15 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact:

Name:

Email:

madlyn.wohlmanrodriguez@hud.gov HUD Organization:

Street:

City:

State:

Zip:

Contact Madlyn Wohlman Rodriguez, HUD

Office of Policy Development and Research Room 8226 451 7th Street SW, Washington, DC 20410 madlyn.wohlmanrodriguez@hud.gov

B. Content and Form of Application Submission.

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO 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 Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements.

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.

Forms/Assurances/Certifications Submission Requirement Notes/Description

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.

HUD Detailed Budget Worksheet Form HUD 424 CBW

Must be submitted with your app lication

Amounts on HUD_424_CBW must be consistent with requested and matched amounts on lines 18b-f of the SF424, Application for Federal Assistance.

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

1. One-page application summary that contains a brief description of the proposed project and the total funds requested. Information contained in the abstract will not be considered in the evaluation and scoring of your application and will not be counted towards the page maximum.

Any information you wish to be considered in scoring of the application must be provided under the appropriate rating factor response.

2. Response to Rating Factors. A narrative statement of no more than 25 pages addressing the rating factors for award. The narrative statement must clearly identify its response in relation to each rating factor (see V.A.1). The application must be formatted as per section IV.B.2. Any narrative in excess of the 25-page limit will not be read. As discussed in V.A.1., the budget submission does not count against the page limit and must be submitted as an appendix. The points you receive for each rating factor will be based on the portion of your narrative statement that you submit in response to that particular factor, supplemented by any permitted supplemental materials referenced in your narrative response to the rating factor.

3. Supporting materials. Include as appendices the following materials to support your responses to the rating factors. These will not be counted toward the 25-page limit:

(a) Resumes for up to 5 key personnel; no individual resume shall exceed 3 pages. Submitting pages in excess of page limits will not disqualify an applicant; however, HUD will not consider the information on any excess pages. This exclusion may result in a lower score (Required).

(b) Detailed information on partner organizations related to Rating Factor 3(2)(b), including resumes for up to 3 key personnel of partners. The supplemental narrative may not exceed 4 pages and no individual resume may exceed 3 pages (Optional).

(c) Timeline supporting the Project Strategy (Optional).

(d) Budget submission (display of all anticipated costs during the 2-year performance period, including an indirect cost rate) (Required). See Section VI for more information on the budget http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv setting process.

2. Format and Form.

Narratives and other attachments to your application must follow the following format guidelines.

25 Pages maximum length of narratives

On 8-1/2 x 11-inch page Minimum 12-point font Minimum margin width of 1-inch on all sides Minimum of single line spacing Number the pages of the narrative

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

1. SAM Registration Requirement.

Applicants must be registered with https://www.sam.gov/ before submitting their application.

Applicants must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which the applicant has an active Federal award or an application or plan under consideration by HUD.

2. DUNS Number Requirement.

Applicants must provide a valid DUNS number, registered and active at https://www.sam.gov/ in the application. DUNS numbers may be obtained for free from Dun & Bradstreet.

3. Requirement to Register with Grants.gov.

Anyone planning to submit applications on behalf of an organization must register at grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization.

Registration for SAM and grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through grants.gov. Complete registration instructions and guidance are provided on grants.gov.

D. Application Submission Dates and Times.

Application Due Date Explanation The application deadline is 11:59:59 PM Eastern Standard time on

09/08/2021 Applications must be received no later than the deadline, or, if HUD has issued you a waiver allowing you to submit your application in paper form, by HUD no later than the deadline.

Submit your application to Grants.gov unless a waiver has been issued allowing you to submit your application in paper form. Instructions for submitting your paper application will be contained in the waiver of electronic submission.

"Received by Grants.gov" means the applicant received a confirmation of receipt and an http://www.sam.gov/ application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamps each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov.

Applications received by Grants.gov must be validated by Grants.gov to be received by HUD.

"Validated by Grants.gov" means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting "Applicants" from the top navigation, and selecting “Track my application” from the dropdown list.