EvictionProtectionGrant_FR-6800-N-79.pdf

U.S. Department of Housing and Urban Development

Policy Development and Research

Eviction Protection Grant Program

FR-6800-N-79

08/20/2024

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. Obtain an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Unique Entity Identifier (UEI)

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

B. Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

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-6800-N-79

Assistance Listing Number:

14.537 Due Date for Applications:

08/20/2024

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. You, as a prospective applicant, 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, ineligible, or noncompetitive proposal.

In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during the selection process (which includes HUD’s NOFO development and publication, and concludes with the announcement of the selection of recipients of assistance), HUD is prohibited from disclosing covered selection information. Examples of impermissible disclosures include:

1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any 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 who have applied for assistance.

For further information regarding this NOFO, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. §§ 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. 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. This NOFO identifies the applicable OMB control number, unless the collection of information is excluded from these requirements under 5 CFR Part 1320.

OMB Control Number(s):

2501-0044

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

a. Overview

The Eviction Protection Grant Program (EPGP) through this NOFO will fund nonprofit organizations and government entities to provide no cost legal assistance to low-income tenants at risk of or subject to eviction. Additionally, projects will expand the evidence base around https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 eviction protection and diversion programming, by reporting information about tenants served, legal assistance services provided, outcomes achieved and milestones reached, and collaborative activities.

b. EPGP Goals, Objectives, and Funding Priorities

The goal of EPGP is to increase housing stability for low-income tenants at risk of or subject to eviction by funding eviction prevention and protection work. Legal assistance provided through grantee projects may help achieve the following outcomes for low-income tenants:

• Prevention: help tenants avert eviction and prevent eviction filings.

• Justice: help tenants exercise and enforce their housing and civil rights and ensure the legal process during eviction is fair.

• Diversion: increase tenant access to, and participation in, non-adversarial resolutions outside of the court system.

• Relief: help tenants avoid the harmful consequences of eviction and gain access to stabilizing resources.

EPGP’s objectives are to:

1. Increase housing stability for low-income tenants. Provide funding to government and nonprofit entities to provide no-cost legal assistance to low-income tenants facing eviction or at risk of eviction in areas with high rates of evictions or risk of evictions.

2. Support eviction protection strategies that advance equity and affirmatively further fair housing. Advance equitable and community-driven approaches to serving individuals and families disproportionately at risk of eviction and lacking access to legal assistance, including Black and Brown people, persons with limited English proficiency, persons with disabilities, households with children, and persons living in rural communities.

3. Support the development and implementation of evidence-based strategies to close the justice gap. Support grantees to assess needs of their target community, form partnerships that break down silos between legal and other housing stability services, address systemic barriers to eviction legal assistance, and test promising community-centered strategies and models.

4. Evaluate legal assistance strategies and outcomes. Build the evidence base for the demographics and circumstances of people facing eviction risk; and effective strategies for preventing evictions and increasing housing stability for renters.

HUD will prioritize applications that:

1. Demonstrate understanding of pressing local needs, especially of individuals and families disproportionately at risk of eviction and lacking access to legal assistance. Target strategies and service delivery methods to address the needs of residents in areas with high rates of eviction in a way that advances equity and affirmatively furthers fair housing, as defined in Section I.A.4.a.

2. Build or formalize mutually beneficial cross-sector collaborations and partnerships to facilitate coordination of legal and non-legal housing stability resources and develop comprehensive eviction prevention strategies.

3. Demonstrate capacity, experience, and commitment to sustain the staffing required to successfully complete your project and assist low-income tenants, including those with limited English proficiency or disabilities, and achieve project outcomes.

4. Demonstrate commitment to ongoing evaluation to build knowledge and evidence about ways to increase housing stability and access to justice for low-income tenants.

Your application’s Narrative Response should highlight how your proposed project aligns with these funding priorities. The Program-Specific Requirements in Section III.F. and Rating Factors in Section V.A. further explain each priority.

c. Background and Need for EPGP

7.6 million tenants face the threat of losing their homes and 3.9 million people are formally evicted through a court order annually. Informal and illegal eviction rates are estimated to be two to six times greater than formal eviction rates. Two-thirds of U.S. eviction filings are based on late rent, with half of evictions cases claiming under $940. As rent prices surge and housing assistance hits the lowest level in nearly a quarter-century, more tenants than ever are severely rent burdened, spending more than half of their income on shelter. While eviction is a nationwide endemic crisis, there is massive variation in eviction court displacement rates — the percentage of eviction filings that result in actual eviction.

Black, Hispanic, Indigenous, and people of color, especially women, are more likely to be renters, to be rent burdened, to face eviction, and to experience more lasting harms of eviction.1 Black renters and households with children are at greatest risk of formal eviction. One in five Black renters faced an eviction filing, and one in ten were formally evicted between 2007 and 2016 – four times the rates for white renters.2 Each year, eviction filings affect 2.9 million children; households with children are twice as likely to face eviction filings as adults living without children. Informal and illegal evictions are more likely to affect non-English speaking and immigrant households. Legal aid organizations often depend on government funding, which can restrict the types of cases they can pursue and tenants they may serve.3

Harms. Eviction is destructive and traumatic, leading many to housing instability and homelessness, as well as lasting collateral consequences on financial, education, employment, health, and other indicators of well-being, even increased mortality. The mere act of filing an eviction places an unlawful detainer on a tenant’s records, regardless of case merits – an insurmountable barrier to future housing for many. Eviction filings alone reduce housing opportunities and can remain on a tenant’s record for years. The rippling harms of eviction reach beyond affected households – destabilizing and straining neighborhoods, schools, municipal social services, and regional economies.

The eviction crisis affects households across the U.S., in urban, suburban, and rural areas. The causes and mechanics of eviction vary widely, based on state and local laws and policies, court practices, market forces, demographics, and other factors.

Tenants facing eviction encounter an inaccessible, confusing, and overburdened legal system and access to legal representation is utterly insufficient. Four percent of tenants have legal representation in eviction cases, compared to over 83 percent of landlords. Without legal guidance, tenants often do not respond to an eviction filing or assert any legal defense, even though they may have one, leading to default judgments in over half of eviction cases.4 More https://evictionlab.org/who-is-evicted-in-america/ https://www.huduser.gov/portal/periodicals/cityscpe/vol23num2/ch15.pdf https://www.huduser.gov/portal/periodicals/cityscpe/vol23num2/ch15.pdf https://www.jchs.harvard.edu/sites/default/files/reports/files/Harvard_JCHS_Americas_Rental_Housing_2024.pdf https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1503&context=nulr https://www.newamerica.org/future-land-housing/reports/informal-evictions-measuring-housing-displacement-outside-the-courtroom/ https://www.newamerica.org/future-land-housing/reports/informal-evictions-measuring-housing-displacement-outside-the-courtroom/ https://www.sciencedirect.com/science/article/pii/S0277953623007554?via%3Dihub https://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1042&context=policypractice http://civilrighttocounsel.org/uploaded_files/280/Landlord_and_tenant_eviction_rep_stats__NCCRC_.pdf than one third of tenants move after the first sign of an impending eviction — usually notice from a landlord. Unrepresented tenants lack the knowledge or tools to make effective legal arguments, raise defenses, introduce evidence, preserve issues for appeal, or navigate procedural obstacles. Further, unrepresented tenants often agree to unfavorable settlement terms prior to hearings, entered without review in many jurisdictions.

Eviction Protection Services. Multiple entities play primary roles in helping tenants through the legal eviction processes. Courts and legal aid providers are most central, providing representation, advice and procedural assistance. Nonlegal community-based organizations also play a critical role. These organizations have a unique vantage point within affected communities, providing knowledge of emergent challenges and effective solutions. For example, tenant organizations engage in the civil legal system through collaboration with legal aid providers, helping tenants navigate court or administrative processes, court oversight and accountability, education to court and government officials, and community organizing.

Coalitions of city agencies, nonprofits, and court leadership developed or expanded eviction prevention and protection programs and enacted policy reforms as unprecedented federal, state, tribal, and local pandemic policies and funding was directed to protect families from the pandemic’s threat to public health and housing stability.

Right to counsel programs are codified guarantees that all tenants, or a defined class, must receive representation in eviction proceedings. Seventeen cities, four states, and one county have enacted right to counsel legislation, and over 60 cities expanded representation access as of fall 2023. Studies consistently find that represented tenants are more likely to remain in their homes and less likely to suffer collateral consequences of an eviction record.5 Further, jurisdictions are seeing cultural shifts in courts and improved interactional and informational outcomes, such as judges discussing rights and options with tenants.

Eviction prevention and diversion programs intercede before an eviction filing or divert filings to a coordinated process. Studies show that diversion programs succeed when designed to avoid eviction filings, reach mutually agreeable resolutions, and keep tenants stably housed. Courts, legal aid providers, and community-based organizations provide a holistic combination of services, including: legal representation to ensure tenants’ rights are upheld; mediation or collaborative housing court6 to develop agreements; and rental assistance and other wraparound social services. Along with strong evidence of success in assisting parties to reach durable resolutions, eviction diversion and mediation programs protect tenants from collateral consequences of eviction filing records, help landlords save money, and free up courts and legal aid providers to focus on cases where litigation is necessary.7 180 jurisdictions in 36 states have developed or expanded diversion programs in recent years.8

As pandemic-era policies and programs expired or lost funding in 2022, eviction filings rebounded, increasing towards (and in several cities surpassing) pre-pandemic rates.9 Recent successes show the magnitude of positive change that is possible and make clear the level of investment and collaboration necessary to build effective, lasting, and equitable solutions to housing instability. EPGP is one piece of that investment.

d. EPGP Grantees FY 2021 and FY 2022 https://www.aclu.org/publications/no-eviction-without-representation https://www.jamilamichener.com/_files/ugd/1fa1bb_068d3e01ede04a97aa937cdb40cc4cda.pdf https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/02/fact-sheet-white-house-summit-on-building-lasting-eviction-prevention-reform/#:~:text=Having%20created%20a%20first%2Dever,legal%20representation%20or%20eviction%20diversion https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/02/fact-sheet-white-house-summit-on-building-lasting-eviction-prevention-reform/#:~:text=Having%20created%20a%20first%2Dever,legal%20representation%20or%20eviction%20diversion http://civilrighttocounsel.org/highlighted_work/organizing_around_right_to_counsel http://civilrighttocounsel.org/uploaded_files/283/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf https://www.stout.com/en/services/transformative-change-consulting/eviction-right-to-counsel-resources https://core.ac.uk/download/pdf/147643947.pdf https://evictioninnovation.org/innovations/eviction-diversion-programs/ https://www.urban.org/sites/default/files/publication/104148/eviction-prevention-and-diversion-programs-early-lessons-from-the-pandemic.pdf https://hnmcp.law.harvard.edu/wp-content/uploads/2021/06/Deasigning-for-Housing-Stability.pdf https://www.huduser.gov/portal/pdredge/pdr-edge-featd-article-062121.html https://www.huduser.gov/portal/pdredge/pdr-edge-featd-article-062121.html https://www.nlc.org/article/2020/08/07/long-term-approaches-to-preventing-evictions-now-and-beyond-covid-19/

HUD launched EPGP in 2021. PD&R announced inaugural awards to 10 legal service providers totaling $20 million in November 2021 and expanded the program to an additional 11 grantees in May 2022 with another $20 million in FY 2022 funds. Of these 21 grantees, 9 organizations provide statewide eviction protection services in 11 states, while the other 12 implemented regional or local eviction protection programs. You can learn more about these grantees on the EPGP website.

1 Sophia Wedeen, Black and Hispanic Renters Face Greatest Threat of Eviction in Pandemic, Joint Center for Housing Studies (Jan. 2021); Kim M. Blankenship, Alana Rosenberg, Penelope Schlesinger, Allison K. Groves, and Danya E. Keene, Structural Racism, the Social Determination of Health, and Health Inequities: The Intersecting Impacts of Housing and Mass Incarceration, American Journal of Public Health (Jan. 2023).

2 Nick Graetz, Carl Gershenson, Peter Hepburn, Sonya R. Porter, Danielle H. Sandlerand, and Matthew Desmond, A Comprehensive Demographic Profile of the U.S. Evicted Population, PNAS (Oct. 2023) (avg. of one in 24 white renters faced eviction filing, one in 40 were formally evicted).

3 E.g., Legal Services Corporation funds do not allow class action suits or serving people without citizenship documentation.

4 ACLU and NCCRC, No Eviction without Representation: Evictions’ Disproportionate Harms and The Promise of Right to Counsel (May 2022) (citing as contributing factors: lack of understanding of available defenses, insufficient time to seek legal advice, work and childcare obligations, transportation, and other barriers affecting tenants with disabilities or mobility issues).

5 For example, a Minnesota study found that fully represented tenants win or settle 95% of cases and clients receiving limited representation win or settle 83% of their cases, compared to 62% of unrepresented tenants. Represented tenants 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.

6 Collaborative housing courts integrate supportive services into the court process and provide collaborative, holistic models of resolving disputes, especially with local public housing authorities, by encouraging a problem-solving judiciary integrated with personalized programs and support services. For example, Rochester, NY is considering a new housing court model that would allow the court to make orders to landlord about habitability; allow tenants to represent themselves more easily; and have more court-supervised administrators following up to make sure necessary changes are made.

7 For example, in Philadelphia, eviction litigation has become a last resort, with 85% of eviction filings resolved through settlement; and the eviction filing rate has remained at 53% of historic averages since the CDC moratorium lifted in 2021.

8 FACT SHEET: White House Summit on Building Lasting Eviction Prevention Reform, The White House (Aug. 22, 2022).

9 Camila Vallejo, Jacob Haas, Peter Hepburn, Preliminary Analysis: Eviction Filing Patterns in 2022, Eviction Lab (Mar. 2023); Peter Hepburn, Jacob Haas, Nick Graetz, Renee Louis, Devin Q. Rutan, Anne Kat Alexander, Jasmine Rangel, Olivia Jin, Emily Benfer, Matthew Desmond, COVID-era policies cut eviction filings by more than half, Eviction Lab (May 2023).

2. HUD and Program-Specific Goals and Objectives https://www.huduser.gov/portal/eviction-protection-grant.html#programDetails https://www.jchs.harvard.edu/blog/black-and-hispanic-renters-face-greatest-threat-eviction-pandemic https://ajph.aphapublications.org/doi/10.2105/AJPH.2022.307116?url_ver=Z39.88-2003&rfr_id=ori%3Arid%3Acrossref.org&rfr_dat=cr_pub++0pubmed https://ajph.aphapublications.org/doi/10.2105/AJPH.2022.307116?url_ver=Z39.88-2003&rfr_id=ori%3Arid%3Acrossref.org&rfr_dat=cr_pub++0pubmed https://ajph.aphapublications.org/doi/10.2105/AJPH.2022.307116?url_ver=Z39.88-2003&rfr_id=ori%3Arid%3Acrossref.org&rfr_dat=cr_pub++0pubmed https://www.pnas.org/doi/10.1073/pnas.2305860120 https://www.aclu.org/publications/no-eviction-without-representation https://www.aclu.org/publications/no-eviction-without-representation https://www.minnpost.com/wp-content/uploads/2018/11/2018-Eviction-Representation-Results-Study-with-logos.pdf https://www.democratandchronicle.com/story/news/2018/01/08/rochester-tenants-seek-housing-court-iron-out-apartment-issues/1012582001/ https://eviction-diversion.phila.gov/#/About https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/02/fact-sheet-white-house-summit-on-building-lasting-eviction-prevention-reform/ https://evictionlab.org/ets-report-2022/ https://evictionlab.org/ets-report-2022/ https://evictionlab.org/covid-era-policies-cut-eviction-filings-by-more-than-half/

HUD’s Strategic Plan sets the direction and focus of our programs and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all. This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals and several objectives undergird the Plan; however the following goals are applicable to this NOFO.

You are expected to align your application to the applicable strategic goals and objectives below.

Use the information in this section to describe in your application the specific goals, objectives, and measures that your project is expected to help accomplish. If your project is selected for funding, you are also expected to establish a plan to track progress related to those goals, objectives, and measures. HUD will monitor compliance with the goals, objectives, and measures in your project.

Applicable Goals and Objectives from HUD’s Strategic Plan Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

1A: Advance Housing Justice Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

While eviction laws and housing market dynamics are highly local, HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. In the absence of tenant access to legal assistance, many eviction practices threaten equitable housing stability and challenge HUD’s broader efforts to protect consumers, utilize housing as a platform for improving quality of life, and build inclusive and sustainable communities free from discrimination. With this program, HUD is taking action to help ensure that tenants, including those in federally-assisted housing, have access to legal assistance necessary to ensure fair processes and enforce tenant rights and fair housing laws.

EPGP exemplifies HUD’s focus on expanding the Department’s role in proactively supporting and protecting vulnerable and underserved communities and housing justice. Through EPGP, the Department is bolstering the strengths of state, local and tribal governments, legal assistance providers, social service agencies, and communities that disproportionately face eviction, to meet localized needs, while also providing models for jurisdictions across the United States. EPGP is one federal tool contributing to recent gains in lasting eviction prevention – expansions in eviction diversion, increased right to counsel for tenants, and reforms to court policies and practices aimed toward increasing stabilization and justice.

EPGP advances objective 1A through two strategies:

• Advancing housing justice and strengthening housing protections for underserved populations to affirmatively further fair housing.

• Expanding housing stabilization opportunities and strengthening partnerships to reach marginalized, underserved, and vulnerable populations.

https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/sites/dfiles/CFO/documents/HUD_FY24_Annual_Performance_Plan_and_FY22_Report.pdf https://www.hud.gov/sites/dfiles/CFO/documents/HUD_FY24_Annual_Performance_Plan_and_FY22_Report.pdf https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/02/fact-sheet-white-house-summit-on-building-lasting-eviction-prevention-reform/

To evaluate its success in achieving objective 1A, HUD reports on the number of households subject to or at risk of eviction that receive eviction protection services through the grant program, as reported by grantees. Grantees track tenant data, services, and outcomes described in Section VI.C., Reporting. Outcomes include tenant housing preserved or extended, financial benefits secured or restored, rights enforced, conditions remedied, negotiated settlements, and other remedial outcomes.

3. Changes from Previous NOFO

HUD launched EPGP in 2021, funding two cycles of grantees under the original NOFO, FR- 6500-N-79. Significant changes from the 2021 NOFO are as follows:

a. Developed outcome-oriented program goals and funding priorities, and corresponding rating factor revisions, to fund projects most aligned with HUD’s strategic goals.

b. Funding priority for collaborative projects that break down silos between legal and other housing stability services.

c. Further integrated and prioritized racial equity, Affirmatively Furthering Fair Housing, and centering impacted communities, in accordance with Executive Orders 13985 and 14091, Federal fair housing and civil rights laws, and program policies.

d. Increased emphasis on applicant’s capacity and commitment to program implementation, proposed project outcomes, and program management, balanced with holistic evaluation of experience and resources.

e. Clarified guidance on eligible beneficiaries, to ease burden on applicants in determining eligibility; better account for the spectrum of experiences setting a tenant on imminent course to facing eviction; and allow for earlier interventions.

f. Clarified applicant eligibility and relevant experience requirement to address questions received from previous applicants.

g. Clarified the eligible legal assistance services and activities, providing applicants with more guidance on allowable eviction protection interventions.

h. Additional revisions to application requirements and review criteria:

o Revised “rural areas” definition, adopting OMB’s delineation of nonmetropolitan counties, Section I.A.4.b.

o Added program-specific required supplemental materials – partner letter of support, project timeline, and applicable subrecipient resumes – to content and form of application submission, Section IV.B.

o Revised rating factors and narrative response prompts in review criteria, maintaining broad factor headings and scoring distribution, Section V.A.1.

o Added past performance considerations that HUD will account for in application review and selection, Section V.B.1.

o Added discretion to limit total amount of funds available to applicants who received EPGP funds in FY21 or FY22, per Congressional guidance to provide some awards to new applicants, Section V.B.3.

i. Additional revisions to program requirements:

o Clarified participation requirements for grantees, Section III.F. 3.

o Provided additional guidance on allowable costs, direct costs, and indirect costs in funding restrictions, Section IV.F.

o Updated Administrative, National and Departmental Policy Requirements and Terms for

HUD Applicants and Recipients of Financial Assistance Awards in accordance with the HUD requirements, Section VI.B. Additionally, this section clarifies requirements related to nondiscrimination and equal opportunity. Furthermore, this section is updated to provide program details related to its termination policy.

o Clarified program-specific reporting requirements and added updates in accordance with HUD requirements to document and keep on file racial and other demographic data related to beneficiaries, Section VI.C.

4. Definitions

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to 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 opportunities, 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 program participant’s activities and programs relating to housing and urban development.

Assistance Listing number refers to the unique number assigned to each Federal assistance program publicly available in the Assistance Listing, which is managed and administered by the General Services Administration. The Assistance Listing number was formerly known as the Catalog of Federal Domestic Assistance (CFDA) number.

Authorized Organization Representative (AOR) is a person authorized to legally bind your organization and submit applications via Grants.gov. The AOR is authorized by the E-Business Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).

An AOR may include an Expanded AOR and/or a Standard AOR.

Expanded Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and submit applications on behalf of your organization, and is allowed to modify organization-level settings and certifications in Grants.gov.

Standard Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with the Standard AOR role can only submit applications when they are a Participant for that workspace.

Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing affordability strategy, community development plan, and submission for funding under any of the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME, and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.

This plan is completed by engaging in a participatory process to assess affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for 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 above and in 2 CFR 200.1.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that 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.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

E-Business Point of Contact (E-Biz POC) is an individual associated with the applicant organization who is responsible for the administration and management of award activities for the applicant 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 Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing environmental laws and policies in a manner that advances equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how Federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; 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.

Federal award, has the meaning, depending on the context, in either paragraphs (1) or (2) of this definition:

(1)

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

(b) 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.

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

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.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government 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 toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. § 1061(2));

(2) a Hispanic-serving institution (as defined in 20 U.S.C. § 1101a(5));

(3) a Tribal College or University (as defined in 20 U.S.C. § 1059c(b)(3));

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C. § 1059d(b));

(5) a Predominantly Black Institution (as defined in 20 U.S.C. § 1059e(b)(6));

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. § 1059g(b)(2)); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. § 1059f(b)(2)).

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.

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

Racial Equity is the elimination of racial disparities and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons.

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 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. See 13 CFR part 121.

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 the 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 from a Federal awarding agency.

https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1

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 Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

Threshold Requirements are eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to 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, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

At risk of eviction. A household is at risk of eviction when situations occur that are likely to lead to a tenant or tenants involuntarily losing their residence or being forced to move or to set a tenant on imminent course to facing eviction, such as:

1. Evicting Party formally or informally warns or notifies tenant that tenant may be removed from the rental property, or that Evicting Party intends to commence or has commenced an eviction action through the courts or other means. The warning or notification need not be written and may impose conditions.

2. Evicting Party formally or informally notifies tenant of intent not to renew or extend lease in violation of local, state, or federal law. The notification need not be written and may impose conditions.

3. Subsidized or affordable housing provider terminates tenant’s housing assistance or notifies tenant or tenant’s household of their intention to terminate assistance, or tenant in income-based housing program believes they have been improperly assessed a monthly rental amount that exceeds their capacity to pay (e.g., difficulties with recertifying, obtaining hardship waivers, reasonable accommodation, etc.), or tenant is otherwise at risk of losing housing assistance.

4. Evicting Party engages in informal or illegal eviction activities, such as: lockouts, constructive eviction (e.g. neglecting housing conditions, withholding services, threatening or harassing tenants, utility shut off), or other self-help activities.

5. Evicting Party fails or refuses to intervene in discrimination or harassment by a third party that is likely to cause tenants to leave where the housing provider has a duty to intervene.

6. Tenant has experienced a disruption in income or has lost or been denied a financial benefit and is at imminent risk of having insufficient funds to pay rent on time or has already defaulted in the payment of rent.

https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

7. Tenant has a disability and is at risk of displacement but believes a reasonable accommodation could prevent, halt or impact eviction proceedings.

8. Tenant is protected under Violence Against Women Act and believes that with those protections they could prevent, halt or impact eviction proceedings.

Culturally Competent Services means that information and services are provided in the language, educational, and cultural context that is most appropriate for the individuals for whom the information and services are intended.

Culturally Specific Organization is a community-based organization that serves a particular cultural community and is primarily led by members of that community. These organizations demonstrate an intimate knowledge of lived experience of the cultural community they serve.

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

Eviction covers any forced removal or involuntary displacement of a Tenant from their dwelling and includes other terms that jurisdictions may use to describe eviction – unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Eviction includes formal, informal, and illegal evictions, whether or not occurring according to a formal court or administrative process.

Legal assistance includes activities undertaken prior to or after an eviction filing, as well as activities provided during or after eviction court or administrative processes, to prevent, divert, defend against, or lessen the negative consequences of an eviction, including all Eligible Services set forth in Section III.F., Program-Specific Requirements. Legal assistance activities may be new or ongoing and may include, for example, expanding service provision to new geographic areas or target communities or adding wraparound services to augment legal advice.

Legal assistance activities under this NOFO may include services provided by individuals who are not certified legal professionals under the laws, regulations, or court or administrative rules of the tribunal or jurisdiction.

Low-income means family income must be less than or equal to 80% of the local area median income (AMI), as adjusted annually and posted as the Section 8 Income Limits for low-income households based on the number of persons in the household for each part of the country at https://www.huduser.gov/portal/datasets/il.html. The total family income, not solely the income of the head of the household, will be used to determine low-income eligibility. The low-income requirement does not include an asset limit.

Rural. For purposes of this NOFO, a rural area is any nonmetropolitan county as delineated by the Office of Management and Budget (OMB); nonmetropolitan areas fall outside metropolitan areas and tend to be more rural in nature. The list of nonmetropolitan counties that will be used for the purposes of this NOFO is available on the U.S. Department of Agriculture Economic Research Service website at https://www.ers.usda.gov/data-products/rural-urban-continuum-codes/ (2013 Rural-Urban Continuum Codes file, updated 12/10/2020).

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

1. the Evicting Party has begun the eviction process pursuant to local law,…