Family-Unification-Program(FUP)FR-6600-N-84TC.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

FY 2022 Family Unification Program Notice of Funding Opportunity Technical Correction

FR-6600-N-84TC

07/27/2023

Table of Contents Summary

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 Unique Entity Identifier (UEI)

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Administrative, National and Department Policy Requirements and Terms for HUD Recipients Financial Assistance Awards

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Public and Indian Housing Funding Opportunity Title:

FY 2022 Family Unification Program Notice of Funding Opportunity Technical Correction Funding Opportunity Number:

FR-6600-N-84TC

Assistance Listing Number:

14.880 Due Date for Applications:

07/27/2023 Summary

The U.S. Department of Housing and Urban Development (HUD) Strategic Plan sets the direction and focus of ourprograms and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all.

HUD's Strategic Goals

HUD’s FY 2022-2026 Strategic Plan lays out this administration’s strategy for ensuring everyone has an affordable,healthy place to live. Over the course of the next four years HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals undergird the Plan as follows:

Strategic Goal 1: Support Underserved Communities Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Strategic Goal 3: Promote Homeownership Strategic Goal 4: Advance Sustainable Communities Strategic Goal 5: Strengthen HUD’s Internal Capacity

The five goals of the FY 2022-2026 Strategic Plan present the core vision of what we hope to accomplish, the strategies to accomplish those objectives, and the indicators of success.

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 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):

ICR- 2577-0169

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

Purpose

Overview. The Family Unification Program (FUP) is a program under section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) through which public housing authorities (PHAs) that partner with public child welfare agencies (PCWAs) provide Housing Choice Voucher (HCV) assistance to two groups:

1. Families for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care; or the delay in the discharge of the child, or children, to the family from out-of-home care; and

2. Youth at least 18 years and not more than 24 years of age (have not reached their 25th birthday) who left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and are homeless or are at risk of becoming homeless at age 16 or older.

There is no time limit on FUP vouchers issued to families. As required by statute, FUP vouchers issued to youth are limited to 36 months unless the youth meets the requirements to receive an extension of assistance under the Fostering Stable Housing Opportunities (FSHO) amendments (Section 103 of Division Q of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260)).

FSHO amended section 8(x) of the U.S. Housing Act of 1937 and provides FUP youth an extension of the 36-month time limit for up to an additional 24 months if they meet certain requirements. FSHO applies to FUP youth who first leased or leases a unit after the date of enactment of FSHO, December 27, 2020, which includes youth who will be assisted with funding under this NOFO. HUD published an FSHO implementation notice in the Federal Register on January 24, 2022 (87 FR 3570).

Under section 8(o)(13)(O) of the U.S. Housing Act of 1937, PHAs may project-base FUP assistance. HUD implemented this provision in its January 18, 2017 HOTMA implementation https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 notice (82 FR 5458), and provided further guidance in its Notice PIH 2017-21. In addition, HUD's FSHO implementation notice implemented the exceptions to the project-based voucher (PBV) program cap and project cap that apply to FUP PBV units that are limited to FUP youth.

Policy Priorities.

1. Increase coordination among PHAs, PCWAs, and Continuums of Care (CoCs);

2. Leverage data to strategically target and prioritize the use of resources for eligible families and youth;

3. Strengthen connections to the HUD Family Self-Sufficiency (FSS) Program or similar programs promoting self-sufficiency; and

4. Increase access to supportive services.

Changes from Previous NOFO.

In conjunction with the president’s declaration that a major disaster exists in the areas affected by Typhoon Mawar beginning on May 22, 2023, HUD is extending the application deadline for the FY 2022 Family Unification Program (FUP) Notice of Funding Opportunity (NOFO) until July 27, 2023, for applicants located in the Territory of Guam and the Commonwealth of the Northern Mariana Islands. The extension of the application deadline until July 27, 2023, is only applicable to applicants located in the Territory of Guam and the Commonwealth of the Northern Mariana Islands.

The following changes have been made from the last FUP NOFO (i.e., the Fiscal Year (FY) 2019 FUP Notice of Funding Availability (NOFA)):

1. Supportive Services. The required amount of time that supportive services must be offered to FUP youth has been increased from 18 months to 36 months.

2. Statement of Need. The requirement to submit a Statement of Need has been eliminated. Instead, the applicant must provide data on the need for FUP vouchers as part of the form HUD-52515.

3. MOU. The MOU provisions have been revised to require the inclusion of a statement that the PHA will comply with the Fostering Stable Housing Opportunities (FSHO) amendments and HUD’s implementation notice published in the Federal Register on January 24, 2022, or subsequent notice

4. Content and Form of Application Submission. The failure to submit the form HUD- 52515 has been changed to a curable deficiency. In the previous NOFO, the failure to submit the form HUD-52515 was a non-curable deficiency.

5. Other Submission Requirements. The application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing (AFFH) in compliance with the Fair Housing Act and its implementing regulations. The applicant must include the AFFH discussion required by Section III.D. of this NOFO in

Field K (Other Information Required in the NOFA or Funding Notice) of the form HUD- 52515. The applicant may attach up to one additional page, if needed.

6. Rating Factors. The rating factors have been revised to clarify that the activities may, but are not required to be provided, funded, or otherwise made available by the PHA, PCWA, or CoC, but may be provided by another party as long as the party is identified in the MOU.

7. Rating Factors. Rating Factors 1, 2, and 4 have been revised so that points are only awarded if the activities will be made available to all FUP participants (families and youth). A partial award is no longer available for applications that make activities available to only some FUP participants.

8. Rating Factors. Rating Factors 1, 2, and 4 have been revised so that an applicant must make more than one of the activities available to all FUP families and FUP youth in order to receive full points. In the previous FUP NOFO, applicants were awarded full points if they made one of the activities available to all FUP families and FUP youth.

9. Rating Factors. Rating Factor 3 (Previous Coordination) has been revised to eliminate the 2 points that were available if the PHA and/or PCWA attended at least two meetings of the CoC within the last year.

10. Rating Factors. Rating Factor 7 (Supportive Assistance for Youth for 36 Months) has been eliminated and the 18 points that were allocated for this rating factor have been redistributed to other rating factors.

Definitions.

a. Standard Definitions

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

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

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

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, deficiencies may be either Curable or Non-Curable.

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.

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.

Expanded Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Expanded AOR role is authorized to submit any applications on behalf of the organization and has privileges that allow the user to modify organization-level settings in Grants.gov.

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

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

1. Grants;

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 and voluntary contributions; and

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

11. Federal financial assistance does not include amounts received as reimbursement for services rendered to individuals as described in section 200.502(h) and (i). (2 CFR 200.1)

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

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

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

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

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

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

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

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) The Higher Education Act of 1965, as amended, defines an HBCU as: “…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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F/subject-group-ECFRfd0932e473d10ba/section-200.502 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 http://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 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 toward accreditation.”

HBCUs offer all students, regardless of race, an opportunity to develop their skills and talents.

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. See 13 CFR Part 121.

Standard Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Standard AOR role can only submit applications when they are a Participant of that workspace.

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.

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 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 (UEI) means the identifier assigned by SAM to uniquely identify business entities.

Program Definitions.

https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/

At Risk of Becoming Homeless refers to the population included in the definition of the term “At Risk of Homelessness” at 24 CFR § 576.2.

Community is a self-organized network of people in a defined geographic area with common agenda, cause, or interest, who collaborate by sharing ideas, information, and other resources.

Continuum of Care (CoC) is the group organized to carry out the responsibilities required under 24 CFR part 578 and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

FUP-Eligible Family means a family that the PCWA has certified as a family for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care, or in the delay of discharge of a child, or children, to the family from out-of-home care.

FUP-Eligible Youth means a youth that the PCWA has certified to be at least 18 years and not more than 24 years of age (has not reached their 25th birthday) who left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and is homeless or is at risk of becoming homeless at age 16 or older.

Eligibility is not limited to single persons. For example, pregnant and/or parenting youth are eligible to receive FUP assistance assuming they otherwise meet eligibility requirements.

Homeless refers to the population included in the definition of this term at 24 CFR § 578.3.

Lack of Adequate Housing means a family meets any one of the following conditions:

Living in substandard housing;

Homeless;

Living in an overcrowded unit;

Living in a unit where the presence of a household member with certain characteristics

(e.g., conviction for certain criminal activities) would result in the imminent placement of the family’s child, or children, in out-of-home care; or the delay in the discharge of the child, or children, to the family from out-of-home care; or

Living in housing not accessible to the family’s child or children with a disability due to the nature of the disability.

Living in Overcrowded Housing refers to a family living in a unit where one of the following conditions has been met:

The family is separated from its child (or children) and the parent(s) are living in an otherwise standard housing unit, but, after the family is re-united, the parents’ housing unit would be overcrowded for the entire family and would be considered substandard; or

The family is living with its child (or children) in a unit that is overcrowded for the entire family and this overcrowded condition may result, in addition to other factors, in the imminent placement of its child (or children) in out-of-home care.

For purposes of the above paragraph, the determination whether the unit is “overcrowded” must be in accordance with PHA subsidy standards.

Public Child Welfare Agency (PCWA) is the agency that is responsible under applicable State law for determining that a child is at imminent risk of placement in out-of-home care or that a child in out-of-home care under the supervision of the public agency may be returned to his or her family, or that a youth is at least 18 years and not more than 24 years of age and left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and is homeless or is at risk of becoming homeless at age 16 or older. For states that have privatized child welfare, the agency designated to conduct child welfare on behalf of the state may be considered a PCWA.

Substandard Housing refers to a unit where the family lives that meets any one of the following conditions:

Does not have operable indoor plumbing;

Does not have a usable flush toilet inside the unit for the exclusive use of the family;

Does not have a usable bathtub or shower inside the unit for the exclusive use of the family;

Does not have electricity, or has inadequate or unsafe electrical service;

Does not have a safe or adequate source of heat;

Should, but does not, have a kitchen;

Has been declared unfit for habitation by an agency or unit of government, or in its present condition otherwise endangers the health, safety, or well-being of the family; or Has one or more critical defects, or a combination of intermediate defects in sufficient number or to the extent that it requires considerable repair or rebuilding. The defects may result from original construction, from continued neglect or lack or repair, or from serious damage to the structure.

Per Unit Cost (PUC) Average Per Unit Cost = Total Housing Assistance Payments (HAP) / Total Units under Lease. For previous years, average PUC is calculated as 12 months HAP Expenditures / 12 months Units Leased. For current year PUC it is equivalent to YTD PUC (i.e., Calculated based on total monthly HAP Expenditures to date at analysis level divided by the total monthly units leased to date.)

B. Authority.

FUP is authorized by Section 8(x) of the United States Housing Act of 1937 (42 U.S.C.

1437f(x)). Funding for this NOFO is provided by the Consolidated Appropriations Act, 2022 (Pub. L. 117-103, enacted on March 15, 2022) ("2022 Act"), which made available $5 million for incremental voucher assistance through the FUP for families and youth.

The 2022 Act also made available $25 million for incremental voucher assistance for FUP youth.

HUD makes FUP assistance that is targeted to FUP youth available through the Foster Youth to Independence (FYI) initiative. Of this $25 million, HUD made available $10 million on a competitive basis through the FYI-Competitive NOFO (FR-6600-N-41). HUD will make the remaining $15 million available on a non-competitive basis.

II. Award Information.

A. Available Funds

Funding of approximately $5,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO. Use of these funds might be subject to statutory constraints or other requirements. All awards are subject to the funding restrictions contained in this NOFO.

HUD reserves the right to fund applicants to this NOFO using FY 2023 funds to the extent Congress provides funding for new incremental voucher assistance under the Family Unification Program (FUP) authorized under Section 8(x) of the U.S. Housing Act of 1937 (42 U.S.C.

1437f(x)). Use of these funds might be subject to statutory constraints or other requirements.

Should funding made available by the FY 2023 appropriations add additional requirements or conditions on the receipt of this funding, HUD will publish a revised NOFO setting forth applicable requirements and deadlines. Otherwise, all awards will be subject to the funding restrictions contained in this NOFO.

B. Number of Awards.

HUD expects to make approximately 10 awards from the funds available under this NOFO.

This estimate is subject to change based on the number and characteristics of the applications received.

C. Minimum/Maximum Award Information

Minimum Award The minimum award is 3 vouchers. As a result, a PHA may apply for no fewer than 3 vouchers.

HUD is not assigning a value floor to the minimum award. Instead, the corresponding value floor is tied to the PHA-specific Per Unit Cost (PUC). For PHAs that currently administer the FUP, the FUP PUC will be used. For PHAs that do not currently administer FUP, the PHA’s overall PUC will be used.

Maximum Award The maximum award will be based upon the size of the PHA’s voucher program and the identified need for such vouchers (the number of vouchers projected to be needed to assist FUP-eligible families and FUP-eligible youth over a 12-month period that cannot be met through existing resources) as reported in Field F of form HUD-52515 consistent with the following table:

PHA voucher program size

Maximum voucher award under this NOFO

Fewer than 500 HCVs 25 vouchers

500 – 1,999 HCVs 50 vouchers

2,000 or more HCVs 75 vouchers or Identified need, if lower than indicated cap

The maximum award of vouchers to a PHA will not exceed $1,200,000. The value of the voucher is dependent on the PUC identified by HUD for the PHA. For PHAs that currently administer the FUP, the FUP PUC will be used. Where a PHA’s PUC and maximum voucher award would result in exceeding the maximum award amount, the PHA’s award will be capped at the maximum award amount. For example, a PHA with an estimated FUP PUC of $17,000 and a maximum voucher award of 75 vouchers would exceed the maximum award amount by $75,000. This applicant would be eligible to receive no more than 70 vouchers before taking in to account the applicant’s score and any additional proration.

Estimated

FUP

PUC

Maximum Voucher Award

Estimated FUP PUC x Maximum Voucher Award

Maximum Award Amount

Maximum Award Amount/Estimated

FUP PUC

Maximum Voucher Award for

PHA

$17,000 75 Vouchers

$1,275,000 $1,200,000 70.59 70 Vouchers

Within the minimum and maximum award thresholds, HUD will allocate vouchers according to the selection process described in Section V.B.

Awards may be prorated if funding has been exhausted before making awards to the highest scoring applications.

If, as a result of implementing the maximum voucher or award amount thresholds, additional funds remain, HUD may decide to increase the maximum voucher and/or award amount thresholds by the rate necessary to expend the remaining funds.

Estimated Total Funding:

$5,000,000 Minimum Award Amount:

$0 Per Project Period

Maximum Award Amount:

$1,200,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

10/01/2023 Estimated Project End Date:

09/30/2024 Length of Project Periods:

12-month project period and budget period

Length of Periods Explanation of Other:

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

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

Additional Information on Eligibility The extension of the application deadline until July 27, 2023, is only applicable to applicants located in the Territory of Guam and the Commonwealth of the Northern Mariana Islands.

Eligible Applicants

1. Only PHAs that have an existing Annual Contributions Contract (ACC) with HUD for the HCV program are eligible to apply for funding under this announcement.

2. Eligible PHAs must have demonstrated a commitment to administer FUP, which shall be verified by an executed Memorandum of Understanding (MOU) among the PHA, PCWA, and CoC that meets the requirements of Section III.F.5. of this NOFO.

3. HUD will only consider funding one application per PHA. This one-application limit applies regardless of whether the PHA is a State or regional PHA. In instances where a PHA has more than one PHA code number due to its operating under the jurisdiction of more than one HUD Field Office, a separate application, under each code, shall be considered for funding with the cumulative total of vouchers applied for under the applications not to exceed the maximum number of vouchers the PHA is eligible to apply for under this NOFO (i.e., no more than the number of vouchers the same PHA would be eligible to apply for if it had only one PHA code number).

B. Ineligible Applicants.

During previous FUP competitions, HUD has received applications from individuals; PHAs that administer a public housing program but do not have an existing ACC with HUD for HCVs; and other entities ineligible to receive funding.

HUD will not evaluate applications from ineligible applicants. Ineligible applicants will not receive communications from HUD regarding their application.

A contract administrator that does not have an ACC with HUD for HCVs, but constitutes a PHA under 24 CFR § 982.4 by reason of its administering HCVs on behalf of another PHA, is not eligible to submit an application under this NOFO.

Nonprofit administrators of HCV Mainstream assistance, which by statute are classified as PHAs solely for the purpose of administering HCV Mainstream assistance, are also ineligible to submit an application under this NOFO.

Families or youth that believe they are eligible to participate in the FUP should contact their local PHA, PCWA, or CoC for assistance.

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 United States 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. Affirmatively Furthering Fair Housing. With some exceptions for federally recognized Indian tribes and their instrumentalities, the application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH certification.

If the applicant will carry out proposed activities in a jurisdiction with an accepted Assessment of Fair Housing (AFH), the proposed activities should be consistent with the AFH's fair housing goals and with fair housing strategies specified in the jurisdiction’s Consolidated Plan or Public Housing Agency Plan.”

3. 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 or Suspensions, or both Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR 170.110.

F. Program-Specific Requirements.

1. Program Management Findings. The PHA must not have any major unresolved program management findings from an Inspector General’s audit, HUD management review or Independent Public Accountant (IPA) audit for the PHA’s HCV program or other significant program compliance problems that were not resolved or in the process of being resolved prior to this NOFO’s application deadline. Major program management findings, or significant program compliance problems, are those that would cast doubt on the capacity of the applicant to effectively administer any new HCV funding in accordance with applicable HUD regulatory and statutory requirements.

2. Litigation. The PHA must not be involved in litigation where HUD determines that the litigation may seriously impede the ability of the applicant to administer the vouchers.

3. FUP Utilization. HUD expects PHAs to acheive at or near full (100 percent) utilization of FUP vouchers. PHAs administering the FUP should continually monitor their utilization of these vouchers. PHAs may review the number of FUP vouchers for which they are accountable at the FUP webpage https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/family under “FUP Awards All Years.”

For PHAs presently administering FUP vouchers, the following eligibility threshold to receive additional vouchers applies:

https://www.hud.gov/sites/dfiles/SPM/documents/EligibilityRequirementsGrantProgramsFiscalYear2022.pdf https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/family

a. FUP utilization rate of 90 percent or greater as of the most recent comprehensive set of validated data available to HUD as of the NOFO application deadline; or

b. Absent a utilization rate of 90 percent or greater, the adoption of an action plan to achieve full utilization within 12 months from the date of application to this NOFO.

Submission of an application under this NOFO by a PHA administering the FUP will serve as the agency’s certification that they have a FUP utilization rate of 90 percent or greater as of the most recent comprehensive set of validated data available to HUD as of the NOFO application deadline, or absent such a utilization rate, will work with its PCWA and CoC partners to adopt an action plan to fully utilize the vouchers. A stated goal of the action plan must be full FUP utilization within 12 months from date of application to this NOFO. Because the application itself becomes the PHA’s certification, the PHA does not need to submit the action plan with the application.

As required by the 2022 Act, PHAs must continue to use FUP vouchers for FUP-eligible families or for FUP-eligible youth upon turnover.

In addition, the 2022 Act provides that any PHA administering FUP vouchers that determines it no longer has an identified need for such assistance upon turnover (all or partial) shall notify HUD and HUD will recapture such assistance (all or partial) and reallocate it to any other PHA based on need. Such notification should be sent to FUPVouchers@hud.gov.

As a reminder to recipients of FUP funds, while PHAs previously were able to convert FUP vouchers to regular vouchers under certain circumstances as explained in Notice PIH 2011-52, this is no longer the case.

4. PHA Code Provided on SF-424. The SF-424 Application for Federal Assistance completed in Grants.gov MUST include the PHA’s code under field 5a. Federal Entity Identifier. The PHA code is a 5-digit code that begins with the state abbreviation and then 3 numbers identifying the PHA within that state.

5. MOU. The PHA must submit an MOU executed by the official representative of the 1) PHA,

2) PCWA, and 3) CoC. As a result, the MOU should have no fewer than three signatures.

Agency and position titles should be clearly identified. For example, if it would not be clear to a reviewer that one of the parties signing the MOU is the official representative of the CoC, the MOU must make the role clear. Also, the MOU must make clear where one person has more than one role. For example, in some communities, the PHA Executive Director may also be the CoC Governing Board Chair. Failure to meet this requirement will result in the application failing threshold and will not be considered for further review.

If a PCWA is authorized under State law to contract out its functions and it has done so, both the official representative of the PCWA and the official representative of the contractor organization must sign the MOU.

The MOU execution date must be between the date this NOFO is published and the application deadline date under this NOFO. The MOU will be considered by HUD and the signatories (the PHA, PCWA, and the CoC) as a complete statement of the responsibilities of the parties and mailto:FUPVouchers@hud.gov.

https://www.hud.gov/sites/documents/PIH2011-52.PDF evidence of a commitment of resources to the FUP. As such, the document should be as specific as possible. HUD strongly encourages applicants to carefully read all of the requirements of the MOU addressed in this section.

Only one MOU will be accepted per applicant. An application that includes more than one MOU will fail the threshold review and will not be considered for further review.

Information about CoCs, including contact information may be found here: CoC: Continuum of Care Program - HUD Exchange

The MOU must clearly address, at a minimum, all of the following:

a. The PHA and PCWA’s commitment to administering the program.

b. The CoC’s commitment to cooperate with and assist the PHA and PCWA.

c. The PHA and PCWA’s goals and standards of success in administering the program.

d. The PHA, PCWA, and CoC must each identify a staff position that will serve as the lead FUP liaison. (If the PCWA has contracted out its functions under applicable state law, the MOU must inlcude the staff position at the PCWA contractor.) (This must include the staff person’s name and/or position title.)

e. A statement that all parties agree to cooperate with any program evaluation efforts undertaken by HUD, the U.S. Department of Health and Human Services (HHS), or a HUD or HHS-approved contractor, including compliance with HUD and HHS-approved evaluation protocols and data sharing requests.

f. Identify and define the two populations (families and youth) eligible for FUP assistance, as follows:

1. Families for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care; or the delay in the discharge of the child, or children, to the family from out-of-home care; and

2. Youth at least 18 years and not more than 24 years of age (have not reached their 25th birthday) who left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and are homeless or at risk of becoming homeless at age 16 or older.

Eligibility is not limited to single persons. For example, pregnant and/or parenting youth are eligible to receive FUP assistance assuming they otherwise meet eligibility requirements.

g. A statement that the PHA will comply with the time limit for FUP vouchers issued to youth, including any extension of this time limit that the youth is entitled to under the Fostering Stable Housing Opportunities (FSHO) amendments (Section 103 of Division Q of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260)) and https://www.hudexchange.info/programs/coc/ https://www.hudexchange.info/programs/coc/

HUD’s FSHO implementation notice published in the Federal Register on January 24, 2022 (87 FR 3570) or subsequent notice.

h. The assistance that will be provided to FUP families and youth in locating housing units and working with landlords to secure appropriate eligible units, listing the organization(s) responsible for providing this assistance.

i. The services to be offered to FUP youth, listing the agency(ies)/organization(s) that will provide the services. The MOU must state that all of the services in (1) through

(5) below will be offered for a period of at least 36 months to FUP youth regardless of age. For example, if a FUP youth enters the program at age 24 and 10 months, the PCWA or another agency/organization under agreement/contract with the PCWA must still offer 36 months of service, even though after two months the youth no longer meets the initial age of eligibility for the FUP program. FUP youth cannot be required to participate in these services as a condition of receipt of the FUP voucher.

1. Basic life skills information/counseling on money management, use of credit, housekeeping, proper nutrition/meal preparation, and access to health care (e.g., doctors, medication, and mental and behavioral health services).

2. Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance/referrals for assistance on security deposits, utility hook-up fees, and utility deposits.

3. Providing such assurances to owners of rental property as are reasonable and necessary to assist a FUP youth to rent a unit with a FUP voucher.

4. Job preparation and attainment counseling (e.g., where to look/how to apply, dress, grooming, relationships with supervisory personnel, etc.).

5. Educational and career advancement counseling regarding attainment of general equivalency diploma (GED); attendance/financing of education at a technical school, trade school or college; including successful work ethic and attitude models.

j. If applying for rating criteria points under Section V.A., the MOU must describe the assistance being provided and the agency/organization that will be providing such assistance, as applicable.

k. The MOU must address PHA responsibilities, as outlined in (1) through (9) below.

1. Accept families and youth certified by the PCWA as eligible for FUP.