FHIP-PEI-NOFO_FR-6800-N-21-C.pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiatives Program - Private Enforcement Initiative

FR-6800-N-21-C

11/25/2024

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:

Fair Housing and Equal Opportunity

Funding Opportunity Title:

Fair Housing Initiatives Program - Private Enforcement Initiative Funding Opportunity Number:

FR-6800-N-21-C

Assistance Listing Number:

14.418 Due Date for Applications:

11/25/2024

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):

2529-0033

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The Fair Housing Initiatives Program (FHIP) provides funding to eligible non-profits and other fair housing organizations through competitive grants. These grants support enforcement, education, and outreach activities to prevent or eliminate discriminatory housing practices not allowed under the Fair Housing Act (FHA).

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

FHIP's Private Enforcement Initiative (PEI) provides funding to eligible private, non-profit fair housing enforcement organizations, to conduct testing, investigate violations and obtain enforcement of the rights granted under the FHA or State or local laws that have substantially equivalent rights and remedies as those provided by the FHA. This NOFO announces the availability of approximately $9,691,793 to fund new FY2024 grant awards of up to $425,000 per year per grantee, with future years' funding subject to appropriations. Beginning in FY2024, applicants will apply for a four-year grant.

2. HUD and Program-Specific Goals and Objectives

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.

1B: Reduce Homelessness Strengthen Federal, State, Tribal, and community implementation of the Housing First approach to reducing the prevalence of homelessness, with the ultimate goal of ending homelessness.

1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

Strategic Goal 3: Promote Homeownership Promote homeownership opportunities, equitable access to credit for purchase and improvements, and wealth-building in underserved communities.

3B: Create a More Accessible and Inclusive Housing Finance System Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

Strategic Goal 4: Advance Sustainable Communities Advance sustainable communities by strengthening climate resilience and energy efficiency, promoting environmental justice, and recognizing housing's role as essential to health.

4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

3. Changes from Previous NOFO

a. Section II. D. Period of Performance

The period of performance for new FY2024 grants is 48 months (4 years), subject to future appropriations. The FY2023 NOFO accepted applications for grants for a 36-month (3 year) period of performance, subject to future appropriations.

b. Section III. F. Program Specific Requirements

Experience Promoting Racial Equity language was moved to Section III. F. (from Section V.

B. 3. in the FY2023 NOFO). Applicants must submit a separate narrative to address the Experience Promoting Racial Equity requirements of the FY2024 NOFO.

c. Section III. G. 3. Testing Requirements

Applicants are no longer required to conduct criminal background checks of fair housing testers, due to the amendment to 24 CFR §125.107, effective May 3, 2024.

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.

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

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 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.

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

(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.

Green and Resilient Building Standard means an industry-recognized standard incorporating both:

(1) Certification under (i) Enterprise Green Communities, (ii) Leadership in Energy and Environmental Design (LEED) (New Construction, Homes, Midrise, Existing Buildings Operations and Maintenance, or Neighborhood Development), (iii) International Code Council (ICC)-700 National Green Building Standard Green+ Resilience; or the (iv) Living Building Challenge, or (v) a regional standard such as Earth Advantage New Homes; or (vi) any other equivalent comprehensive green building program acceptable to HUD; and

(2) Minimum energy efficiency requirements, such as those defined in (i) ENERGY STAR (Certified Homes or Multifamily High-Rise), (ii) DOE Zero Energy Ready Home; (iii) Passive House Institute Passive Building or EnerPHit certification from the Passive House Institute US (PHIUS), International Passive House Association; or (iv) any other equivalent energy efficiency standard acceptable to HUD.

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 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 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://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

(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.

Promise Zones (PZs) are high poverty areas in select urban, rural and tribal communities designated from 2014-2016 where the Federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

See Promise Zones.

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.

Resilience is a community’s ability to minimize damage and recover quickly from natural disasters, extreme weather events, and other changing climate conditions.

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.

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.

https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/

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.

FHIP Program Definitions relevant to the FY2024 FHIP NOFOs can be found here: FY2024 FHIP NOFO PROGRAM DEFINITIONS.pdf (hud.gov)

B. Authority

1. FHIP is authorized by section 561 of the Housing and Community Development Act of 1987, as amended (42 U.S.C. 3616a). The implementing regulations are found at 24 CFR part 125.

2. Funding for this NOFO is provided by the Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $9,691,793 is available through this NOFO.

Additional funds may become available for award under this NOFO consistent with VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

The remaining amount of approximately $32,208,207 in FY2024 appropriations for PEI will be used to fund continuing FY2023 (second year) and FY2022 (third year) grantees outside of this NOFO. The maximum funding amount for all second year FY2023 and third year FY2022 PEI- MY grantees is $425,000 subject to the availability of funds appropriated by Congress.

B. Number of Awards HUD expects to make approximately 23 awards from the funds available under this NOFO.

The number of awards depends on the number of eligible applicants and other factors. For information on the methodology used to make award determinations and the reallocation of funds under this NOFO, please see Section V. B. Review and Selection Process.

C. Minimum/Maximum Award Information Estimated Total Funding:

$9,691,793 Minimum Award Amount:

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.hud.gov/sites/dfiles/FHEO/documents/FY2024%20FHIP%20NOFO%20PROGRAM%20DEFINITIONS.pdf https://www.hud.gov/sites/dfiles/FHEO/documents/FY2024%20FHIP%20NOFO%20PROGRAM%20DEFINITIONS.pdf

$100,000 Per Project Period

Maximum Award Amount:

$425,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

04/30/2025 Estimated Project End Date:

04/30/2029 Length of Project Periods:

48-month project period and budget period

Length of Periods Explanation of Other:

The period of performance is 48-month in total, consisting of four separate consecutive 12-month project periods. All grant funds should be obligated within six months of award and must be expended within the specific time frames established in negotiations.

E. Type of Funding Instrument Funding Instrument Type:

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

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

HUD will conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables in the applicant’s Statement of Work (SOW).

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility Under this NOFO, an eligible applicant must be: (1) a Qualified Fair Housing Enforcement Organization (QFHO) with at least two years of experience in complaint intake, complaint investigation, testing for fair housing violations, and enforcement related experience of meritorious claims in the three years prior to filing this application; or (2) a Fair Housing Enforcement Organization (FHO) with at least one year of experience in the enforcement-related activities listed above during the two years prior to the filing of the application. To apply for funds, FHOs and QFHOs must currently do all the enforcement activities listed above and operate a broad-based and full-service program. Applicants must complete Appendix B, "Certification for PEI Applicants," to certify QFHO or FHO status.

If an organization does not currently qualify as a QFHO or FHO (see 24 CFR §§ 125.103 and 125.401), it may be eligible to apply under the FHIP Education and Outreach Initiative (EOI) (FR-6800-N-21-A), Tester Coordinator Training (FR-6800-N-71-A), and/or Fair Housing Organizations Initiative (FHOI) (FR-6800-N-21-B) NOFOs. Please see each NOFO for specific eligibility requirements. If an applicant applies for both a PEI and FHOI Continuing Development Component (CDC) grant and receives an award for both, funding for the FHOI- CDC will be rescinded if a determination is made that the activities for both awards are exactly alike or substantially similar.

Eligible Activities Eligible activities include, but are not limited to:

• activities to investigate violations and obtain enforcement of the rights granted under the Fair Housing Act or State or local laws that provide rights and remedies for discriminatory housing practices that are substantially equivalent to the rights and remedies provided in the Fair Housing Act (“housing discrimination”);

• intake of allegations of housing discrimination;

• referrals of allegations of housing discrimination;

• complainant counseling, advocacy, or other assistance designed to enforce rights against housing discrimination;

• investigations into allegations of housing discrimination, including discrimination based on sexual orientation or gender identity; discrimination based on source of income where that is a protected class or where such discrimination may be based on another protected class;

discrimination resulting from criminal history or other screening policies; or discrimination in residential real estate related transactions, including mortgage lending, appraisal, and/or algorithmic discrimination;

• systemic housing investigations;

• testing activities including training, test coordination, and evaluation of testing results to uncover evidence of housing discrimination;

• other investigative methods designed to uncover housing discrimination;

• mediation or other voluntary resolution of allegations of housing discrimination; and

• enforcement activities of meritorious claims, including litigation and procuring expert witnesses.

Activities are eligible only in cases involving conduct prohibited by, or rights protected under, the FHA and/or substantially equivalent state or local fair housing laws.

Evidence suggests that racial and ethnic biases have been contributing factors to the depressed values that appraisers in sale/purchase transactions assign to properties in majority Black and Latino neighborhoods.

HUD will allow applicants under this NOFO to modify their activities in the second, third, and/or fourth year with approval of the Government Technical Representative (GTR) and Government Technical Monitor (GTM) based upon changing demographics and/or need. All applicants must review Appendix A for guidance on the format that should be used to list the applicant's proposed tasks/activities. If an applicant reduces the overall number of its activities or the overall complexity of the activities during negotiations or through future grant amendments, the grant award amount will be reduced.

Faith-based organizations

(1) Faith-based organizations may apply for this award on the same basis as any other organization, as set forth at 24 CFR part 5.109, and subject to the protections and requirements of 42 U.S.C. § 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an organization based on the organization’s religious character, affiliation, or exercise.

(2) A faith-based organization that participates in this program will retain its independence and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law, including the Free Speech and Free Exercise Clauses of the Constitution, 42 U.S.C. § 2000bb et seq., 42 U.S.C. § 238n, 42 U.S.C. § 18113, 42 U.S.C. §§ 2000e-1(a) and 2000e-2€, 42 U.S.C. § 12113(d), and the Weldon Amendment, among others.

Religious accommodations may also be sought under many of these religious freedom and conscience protection laws, particularly under the Religious Freedom Restoration Act.

(3) A faith-based organization may not use direct financial assistance from HUD to support or engage in any explicitly religious activities except where consistent with the Establishment Clause and any other applicable requirements. Such an organization also may not, in providing services funded by HUD, discriminate against a beneficiary or prospective program beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.

B. Ineligible Applicants HUD does not award grants to individuals.

Co-applicants or members of a consortium are not eligible applicants under this NOFO.

HUD will not evaluate applications from ineligible applicants, including those that do not meet the threshold, statutory and regulatory, or program eligibility requirements under III.D, E and F.

C. Cost Sharing or Matching This Program does not require cost sharing or matching.

Applicants that propose cost sharing or matching in their application will be required to provide the cost sharing or matching if selected.

https://www.ecfr.gov/current/title-24/subtitle-A/part-5#p-5.109

D. Threshold Eligibility Requirements Applicants who fail to meet any of the following threshold eligibility requirements are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

1. Resolution of Civil Rights Matters

Outstanding civil rights matters must be resolved before the application submission deadline.

Applicants with unresolved civil rights matters at the application deadline are deemed ineligible.

Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

a. An applicant is ineligible for funding if the applicant has any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that are not resolved to HUD’s satisfaction before or on the application deadline date for this NOFO.

(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 (including sexual orientation and gender identity), 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, Violence Against Women 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; Violence Against Women Act; or the Americans with Disabilities Act; or

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

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter. Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

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

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

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

(4) Current compliance with a consent order or consent decree;

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

(6) Dismissal of charges.

2. Timely Submission of Applications

Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy are marked late. Late applications are ineligible and are not considered for funding. See Section IV. D. Application Submission Dates and Times.

3. Minimum Score. To be considered for funding, applicants must have a score of at least 75 points from the Technical Evaluation Panel (TEP), not including any preference points.

4. Ineligible Activities. An applicant will not receive funding if more than 50% of their proposed activities are not eligible activities.

5. Suits Against the United States. An applicant will not get funding if in the past three years they use FHIP funds to pay expenses for a lawsuit against the United States (24 CFR §125.104(f)).

6. Other Litigation. An applicant is ineligible for funding if the organization proposes in its current application or used funds provided by HUD (within the last 3 years) to fund or support the settlement of a claim, satisfy a judgment, or fulfill a court order in any defensive litigation (42 U.S.C. §3616a(i)).

E. Statutory and Regulatory Requirements Affecting Eligibility Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Competitive Programs” document on HUD’s Funding Opportunities page. Applicants who fail to meet any of these eligibility requirements are deemed ineligible to receive HUD funding.

1. Universal Identifier and System for Award Management (SAM.gov) Requirements

2. Outstanding Delinquent Federal Debts

3. Debarments or Suspensions, or both

4. Mandatory Disclosure Requirement

5. Pre-selection Review of Performance

6. Sufficiency of Financial Management System

7. False Statements

8. 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 2 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

https://www.hud.gov/sites/dfiles/CFO/documents/24_EligibilityRequirements.pdf https://www.hud.gov/sites/dfiles/CFO/documents/24_EligibilityRequirements.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/appendix-Appendix%20A%20to%20Part%20170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110

F. Program-Specific Requirements

1. The applicant must demonstrate in its application that it will run a broad-based and full-service project (as defined under section I.A.4.b, Program definitions). If the applicant has income restrictions for services, the application must identify the restriction(s), and describe how individuals who fall outside the restrictions will be equally served.

2. Fair Housing Related Activities. All program related tasks/activities and costs within the SOW and budget must be fair housing related activities and must demonstrate an explicit connection to the non-discrimination and affirmatively furthering fair housing provisions of the FHA.

3. Fair Housing Act/Protected Classes. All FHIP-funded projects must address housing discrimination based on race, color, religion, sex (including sexual orientation and gender identity; see Application to the Fair Housing Act of the Supreme Court's decision in Bostock v.

Clayton County, GA, Bostock Legal Memorandum 02-09-2021.pdf (hud.gov)), disability, familial status, and national origin and further the non-discrimination provisions of the Fair Housing Act and/or the obligation to affirmatively further fair housing. All services and activities must be available to all protected class members. The application’s proposed activities must reflect the commitment to address housing discrimination affecting members of all the above protected classes.

4. Eligibility Following Organizational Corporate Structural Changes. HUD recognizes that QFHOs and FHOs may undergo corporate restructuring, including though merger, acquisition, or the like. A resulting organization does not simply inherit QFHO or FHO status, but instead must demonstrate its own qualifications to bear such status. To determine if the resulting organization qualifies as a QFHO or FHO, HUD will examine the enforcement-related experience of the resulting organization as its is constituted after the corporate change.

If HUD determines that the organization is eligible, then HUD will issue a new award agreement and require submission of a Code of Conduct for the new organization and an establishment of the new eLOCCS account. In addition, the new organization must secure a new Unique Entity Identifier (UEI) and have an active registration in SAM before HUD will make the award to the new organization or allow additional funds to be drawn.

5. Grantees that received FY2023 or FY2022 PEI funding are ineligible to receive a new FY2024 PEI award.

6. HUD will not fund an organization if the parent or its affiliate/subsidiary organization has an open grant (previously funded) under this same PEI component and will not fund both a parent organization and its affiliate/subsidiary organization under this NOFO for the same component.

In addition, HUD will not allow affiliate and parent organization staff sharing protocols whereby the parent organization shares key staff with an affiliate(s). All funded organizations must be fully independent functional enforcement organizations able to conduct business on an ongoing basis without support from a parent or its staff to complete proposed program activities, and must be set apart from the parent organization.

7. A parent organization that is a QFHO or an FHO with a separate Employer Identification Number (EIN) does not mean that an affiliate organization automatically gets QFHO or FHO status. Instead, HUD will determine if the affiliate organization has the required two years of https://www.hud.gov/sites/dfiles/ENF/documents/Bostock%20Legal%20Memorandum%2002-09-2021.pdf enforcement related experience independent from that of the parent organization for QFHO status, or one year of independent staff and organizational experience for FHO status.

8. 501(c)(3) Status. Applicants must be a 501(c)(3) tax-exempt organization or have a 501(c)(3) application pending prior to the application deadline date. Applications must include the IRS report showing 501(c)(3) status or pending application status. If an organization with a pending 501(c)(3) application is selected for an award the 501(c)(3) renewal must be approved prior to release of funding. If the pending application is denied, the award selection will be rescinded. All awardees must maintain 501(c)(3) status throughout the grant period of performance.

9. Funding Request exceeding the Maximum Amount. The application will be ineligible if the applicant requests funding over the maximum amount allowed, even if due to miscalculations or inconsistencies in the application.

10. Inconsistencies in the Requested Amount or Miscalculations. If inconsistent amounts are requested in the application, the amount stated on the SF-424 will be deemed the controlling amount for purposes of determining the funding amount if the applicant is selected for an award.

11. Prior Performance Rating. An organization is ineligible for funding if it received a "poor" rating on its most recent performance assessment on any prior FHIP grant within the past year, and will remain ineligible for a period of one (1) year unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the Government Technical Representative/Government Technical Monitor (GTR/GTM) to improve future performance. Furthermore, if applicant receives a "poor" performance rating on another FHIP grant after the applicant is selected for an award or after receipt of funding under this NOFO, all remaining FHIP grant funds received under this NOFO will be rescinded, and the organization will remain ineligible for funding for a period of one year unless it provides evidence as stated above.

12. Research/Survey Activities. Applicants are ineligible for funding if their project is aimed solely at research or data gathering. If a successful application contains research and related activities, only the eligible portions of the application will be funded. In addition, proposed surveys must be approved by HUD and the OMB under the Paperwork Reduction Act before the application submission, or the activity is deemed ineligible.

13. Applicants and recipients are required to submit assurances of compliance with federal civil rights requirements. See, e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 197; see also 24 C.F.R. §§ 1.5; 3.115; 8.50; and 146.25. HUD accepts these assurances in the form of the SF-424B and SF-424D, which also require compliance with all general federal nondiscrimination requirements in the administration of the grant.

14. Funding awarded under this grant must be used for the specific activities included in the application submitted under this PEI NOFO only. Funded applicants may not co-mingle funds to support other FHIP grant activities.

15. Rating Factors. An application that includes no narrative responses to any of the four Rating Factors will be deemed ineligible.

16. Single Audit Requirement. Through September 30, 2024, all grantees who have expended $750,000 or more in Federal financial assistance within a single year (program or fiscal year) must be audited in accordance with the requirements as established in 2 CFR Part 200.501.

Applicants that submit an application on or after October 1, 2024 are subject to the 2 CFR 200 modifications which increase the single audit threshold amount to $1,000,000 for the funds that are the subject of that application. Therefore, a successful applicant that receives $1,000,000 or more in Federal financial assistance during a single year, including funding from this NOFO must set aside funds in its application to complete the audit.

17. Independence of Awards. The application submitted must be independent and capable of being implemented without reliance on other applications, or other grantees(s), including staff sharing protocols of key staff.