Foa_Content_of_FR-6500-N-71-A.pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiative Program - Education and Outreach Initiative - Tester Coordinator Training

FR-6500-N-71-A

06/14/2021

Table of Contents Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

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

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Fair Housing and Equal Opportunity Funding Opportunity Title:

Fair Housing Initiative Program - Education and Outreach Initiative - Tester Coordinator Training Funding Opportunity Number:

FR-6500-N-71-A

Primary CFDA Number:

14.416 Due Date for Applications:

06/14/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII.

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

OMB Approval Number(s):

2529-0033

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The Fair Housing Initiatives Program is a significant source of funding for FHIP grantees that conduct fair housing testing in local communities across the country. Fair housing testing refers to the use of testers who, without any bona fide intent to rent or purchase property, pose as prospective renters or buyers of real estate for the purpose of determining whether housing providers and others are complying with the federal Fair Housing Act.

The Department continues to be vigilant about ensuring that testing performed by testers with FHIP funds adhere to HUD’s investigatory standards so that it yields credible, objective and admissible evidence to aid in the enforcement of the federal Fair Housing Act. The Department acknowledges that great variation exists in the quality of fair housing testing performed by FHIP grantees. Some grantees have consistently demonstrated that testing produces strong evidence that can be used to forge effective legal challenges to discriminatory housing practices. Still some grantees exhibit lesser capabilities and uneven or less accomplished tract record. HUD recognizes the need to continually improve and standardized the quality of testing provided by testers employed by FHIP grantees.

In response to this concern, this Education and Outreach Initiative NOFO makes available in FY 2021, $500,000 to support fair housing tester training courses that provide consistent training in the general area of testing. HUD also recognizes that testers may be specialized in specific areas of testing (lending, insurance, etc.), and that testers will need more than the general tester training to provide high quality services. Therefore, the NOFO will also support specific tester training courses in the areas of lending and insurance to help meet the needs and requirements of the FHIP program.

2. Changes from Previous NOFO.

a. The amount of available funding has been increased under the FY2021 NOFO to $500,000.

b. Section I.A.3 – Standard Definitions. The Departmental Definition for “Affirmatively Furthering Fair Housing” is updated.

c. Section I.A.4 – Program Definitions. This section expands the definition of “Underserved Populations”.

d. Section III.D- Threshold Eligibility Requirements. This section changes a requirement from "Outstanding Civil Rights Matters" to "Resolution of Civil Rights Matters". This Departmental requirement is consistent with the Department's commitment to consider qualified applicants. The revised language more clearly outlines the eligibility for unresolved civil rights matters and describes issues which constitute unresolved civil rights issues.

e. Section IV.F- Funding Restriction. Section F.5 adds a “compensation” section to provide guidance on compensation limitations for individual’s compensation for grantees. The language provides guidance to applicants which may assist in proposed budget formulation.

f. Section IV.G.1 – Application Assurance and Certifications. The current section has been expanded to clarify an application’s obligation to submit assurances of compliance with federal civil rights requirements; and clarifies the specific form for which HUD accepts assurances (Form SF-424B and SF-424D).

g. Factor 3 – Soundness of Approach. This section adds guidance regarding consideration of Statement of Work tasks during the COVID-19 pandemic.

h. Factor 4 Leveraging has been removed. This change is in response to applicant concerns about their profound difficulty in obtaining partner in-kind commitments and performance as a result of the COVID-19 pandemic. The evaluation points previously available under Factor 4 have been reassigned to Factor 2, Need/Distress/Extent of the Problem; accordingly, the total number of scoring points remains unchanged.

i. NOFO Section V.B.2 – Assessing Applicant Risk. The number of points that will be deducted if an applicant receives less than a “good” on the applicant’s most recent FHIP final performance assessment has increased from one to five points. This change is consistent with NOFO Section IV.F – Funding Restriction, which requires applicants to maintain an annual performance assessment as a “good” or funding may be reduced until issues are resolved or rescinded if unresolved.

3. Definitions.

a. Standard Definitions

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

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

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

1) Grant;

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

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

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

b. Federal Financial Assistancedoes not include:

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

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

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

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

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

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

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.

Curable Deficiencies may be corrected by the applicant with timely action. To be curable the deficiency must:

Not be a threshold requirement, except for documentation of applicant eligibility;

Not influence how an applicant is ranked or scored versus other applicants; and

Be remedied within the time frame specified in the notice of deficiency.

Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline.

Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

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

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

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

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization

(see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.)

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

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

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

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

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

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

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

4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

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

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

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.

Promise Zones (PZs) are high poverty communities 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.

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

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

The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121}

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract.

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

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

Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility.

Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities.

4. Program Definitions Administrative Costs are reasonable costs of overall program management, coordination, monitoring and evaluation. Such costs include, but are not necessarily limited to, necessary expenditures for the following: (1) Salaries, wages, and related costs of the recipient’s staff or other staff engaged in program administration; and (2) Providing or securing legal services, providing or securing financial management services such as accountants, consultants, sub-contractors, or others retained by the organization.

Affiliate is a business entity effectively controlling or controlled by another or associated with others under common ownership or control.

Broad-based means not limited to a single fair housing issue (such as insurance, mortgage lending, or advertising), but rather covering more than one issue related to discrimination in the provision of housing covered under the Fair Housing Act.

Complaint is a filed fair housing complaint accepted by HUD or a Fair Housing Assistance https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 https://www.sam.gov/SAM/

Program agency as jurisdictional, or a complaint filed in a state or federal court alleging violations of the Fair Housing Act.

Fair Housing Act is Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601-3620).

Fair Housing Assistance Program (FHAP) Agencies, as described in 24 CFR 115, are State and local fair housing enforcement government agencies that receive FHAP funds to administer laws deemed substantially equivalent to the Fair Housing Act.

Fair Housing Enforcement Organization (FHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Full-service Projects must provide services to members of all protected classes and include these enforcement-related activities in the project application: interviewing potential victims of discrimination; taking complaints; testing; evaluating testing results; conducting preliminary investigations; conducting mediation; conciliating; enforcing meritorious claims through litigation or referral to administrative enforcement agencies; and disseminating information about fair housing laws.

Intake is a fair housing allegation contact/query received by a fair housing organization. Intake does not include inquiries unrelated to fair housing including general housing, landlord/tenant or others. Intakes may be in-person or by telephone, mail or email contact and documented through the fair housing organization’s standard intake form or database entry. Information gathered at intake starts the fair housing process. Repetitive contacts from a single individual may not be counted as an intake unless the additional contact contains a new allegation or relates to a new respondent. Intakes do not include someone returning a non-enforcement related telephone call, a telemarketer calling the office, or incoming personal telephone calls.

Lending discrimination means discriminatory practices against persons protected under the Fair Housing Act, in the mortgage process and includes actions that may violate the Fair Housing Act in the making, servicing, or purchasing of home loans or loans secured by a home. For instance, it includes – but is not limited to – the use of deceptive, misleading or discriminatory practices to sell services that promise foreclosure relief to homeowners, and the failure to deliver those services.

Operating Budget is an organization's total planned budget expenditures from all sources, including the value of in-kind and monetary contributions, in the period for which funding is requested.

Partnership is a collaboration with one or more identified agencies, task forces, Fair Housing Assistance Program organizations, or other groups to successfully realize the service or activity planned. A partnership may be formal and contractual with specific roles and deliverables defined, or less formal cooperation through volunteer efforts accomplished without a contract.

Qualified Fair Housing Enforcement Organization (QFHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Referral means referring an intake to HUD or a FHAP agency.

Regional/Local/Community-Based Activities are defined at 24 CFR 125.301(a) and (d).

Rural Areas include any of the following:

a. A non-urban place having fewer than 2,500 inhabitants (within or outside of the metropolitan areas).

b. A county or parish with an urban population of 20,000 inhabitants or less.

c. Territory, including its persons and housing units, in rural portions of “extended cities.”

The Census Bureau identifies the rural portions of extended cities.

d. Open country that is not part of or associated with an urban area. The United States Department of Agriculture describes "open country" as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development.

e. Any place in whole or in part, not located in a Metropolitan Statistical Area.

Statement of Work (SOW) is a document that describes all the tasks necessary to do the work, includes all the steps needed for good management control and specificity regarding work to be done and deliverables, and provides a basis for mutual understanding of the requirements and tasks.

Technical Evaluation Panel (TEP) is a panel whose mission is to accomplish sound, impartial, and comprehensive evaluation of proposals consistent with the NOFO . TEP members are selected from a diverse pool of evaluators, including HUD staff and outside (contract) individuals. Individuals are selected for TEP participation based on skill, background or expertise in areas which include but are not limited to fair housing experience, grant writing and evaluation expertise, strong analytical and writing skill, or education and outreach, civil rights or other related experience.

Testing is an investigative tool used to gather evidence. A test is a covert investigation by a QFHO or FHO involving one or more persons who initiate contact with a person or entity for gathering information about housing policies, treatment and/or practices to compare with the requirements of fair housing laws or other civil rights laws. A test may involve comparing how persons similarly situated except for a protected characteristic are being treated.

Underserved Areas are areas where there are no FHIP or FHAP agencies and where either no public or private fair housing enforcement organizations exist or the jurisdiction is not sufficiently served by one or more public or private enforcement fair housing organizations and there is a need for service.

Underserved Populations means groups of individuals who are:

a. Persons of an immigrant population (especially racial and ethnic minorities who are non-

English-speaking or have limited English proficiency);

b. Persons living in a rural area, particularly minority groups in such areas;

c. Persons who are homeless or otherwise experiencing housing instability;

d. Persons with disabilities (physical or mental), particularly persons living in housing with one or more qualities of an institutional setting, persons leaving institutions, or persons at-risk of institutionalization;

e. Persons in areas where there is inadequate protection and ability to provide fair housing services from a State or local government or private fair housing organization;

f. Persons living in impoverished areas or experiencing persistent poverty or inequality, including historical wealth disparities as compared to majority groups;

g. Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons, and particularly LGBTQ+ youth;

h. Indigenous and Native American persons; and

i. Due to the COVID-19 Pandemic, experiencing housing instability and/or whose access to opportunity has been exacerbated.

B. Authority.

1. FHIP is authorized by section 561 of the Housing and Community Development Act of 1987, as amended (42 U.S.C. 3616-361a). The implementing regulations are found at 24 CFR Part 125.

2. Funding for this NOFO is provided by the Consolidated Appropriations Act, 2021 (Public Law 116-260, approved December 27, 2020).

II. Award Information.

A. Available Funds Funding of approximately $ 500,000 is available through this NOFO.

Additional funds may become available for award under this NOFO, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

B. Number of Awards.

HUD expects to make approximately 1 awards from the funds available under this NOFO.

HUD may at its discretion, fund a single organization to deliver the full spectrum of activities eligible for funding, or make multiple awards under this NOFO. HUD also reserves the right to not make any awards.

C. Minimum/Maximum Award Information The maximum award possible under this solicitation varies. The specific maximum award amounts per component are listed under Section III, Eligibility Information.

Estimated Total Funding:

$ 500,000 Minimum Award Amount:

$ 100,000

Per Project Period

Maximum Award Amount:

$ 500,000 Per Project Period

D. Period of Performance The period of performance under this initiative is 12 months. Obligations should be made within six months of notice of the award and all grants expended in the specified agreed upon timeframe(s) established in negotiations. However, expenditures should be no more than 18-24 months from award.

Estimated Project Start Date:

10/04/2021 Estimated Project End Date:

10/03/2022 Length of Project Periods:

12-month project period and budget period

Length of Periods Explanation of Other:

Applicants should assume that the period of performance is August 1, 2021 through August 1, 2022.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) HUD expects to award a cooperative or grant agreement to each applicant selected for an award.

HUD will set for the relationship between HUD and the awardee using a grant or cooperative agreement, 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, and special conditions, including sanctions for violations of the agreement, reporting requirements including sub-recipient reporting requirements under the Federal Funding Accountability and Transparency Act of 2006 and integrity requirements under Section 872 of the Duncan Hunter Defense Authorization Act of 2009. HUD will determine the type of instrument under which the award will be made and monitor progress to ensure that the awardee has achieved the objectives set out in the agreement. Failure to meet such objectives may be the basis for HUD determining the awardee to be in default of the grant or cooperative agreement and for exercising available sanctions, including suspension, termination, and/or recapture of funds. Also, HUD may refer violations or suspected violations to enforcement offices within HUD, the Department of Justice, or other enforcement authorities.

If funds are provided subject to a cooperative or grant agreement, HUD will also conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables as documented in the Applicant’s Work Plan or SOW, and determine whether the organization meets all certification and assurance requirements.

III. Eligibility Information.

A. Eligible Applicants.

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

Additional Information on Eligibility Eligible applicants may be Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), public or private not-for-profit organizations or institutions, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices; agencies of State or local governments;

and agencies that participate in the Fair Housing Assistance Program (FHAP). All applicants are required to complete Appendix B, EOI Eligibility Certification and submit as a part of their application.

Eligible applicants may be Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), public or private not-for-profit organizations or institutions, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices; agencies of State or local governments;

and agencies that participate in the Fair Housing Assistance Program (FHAP). All applicants are required to complete Appendix B, EOI Eligibility Certification and submit as a part of their application.

Tester Coordinator Training

Amount Available $500,000

Applicant Eligibility QFHOs, other FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies of State or local governments and agencies certified by the Secretary under section 810(f) of the Fair Housing Act, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

Project Period – 12 months Award Caps – Up to $500,000 Eligible Activities – Applicants must propose to develop and implement a tester training program for testing coordinators working for organizations participating in HUD’s FHIP PEI and the FHOI.

Applicant must propose training activities that address traditional or face-to-face testing scenarios as well as providing coordinators with the most effective methodologies, technology, and techniques appropriate for effective testing approaches for each testing situation particularly during this pandemic. Activities should also include continued technical assistance after training is completed.

The training should contain either or both basic (general) and advanced (complex) training. Eligible activities will also include on-going efforts to evaluate training quality and impact and assess the need for additional training.

An applicant may propose to provide tester coordinator training in one or more of the training topics listed below:

1. General or Basic Tester Training (rental and sales) – Teach coordinators the principles and applications of testing, including audit testing, enforcement testing, and systemic testing. Modes of testing should include strengthening telephone testing, systemic testing, and internet/email testing. Provide an overview of the history of testing and the housing industry from a national perspective, as well as information about audit testing, telephone testing, systemic testing, and internet/email testing.

2. Advanced or Complex Tester Coordinator Training (lending and insurance) – Teach coordinators the principles and applications of mortgage lending, appraisals, and insurance testing. Provide an overview of the history of testing in the lending, appraisal, insurance markets, and the mortgage and insurance industry, including audit testing and enforcement testing, systemic testing. Modes of testing should include, strengthening telephone testing, systemic testing, and internet/email testing.

B. Ineligible Applicants.

HUD does not award grants to individuals. 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.

D. Threshold Eligibility Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated.

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

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

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

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

3. Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the

Americans with Disabilities Act or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

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

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

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

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

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

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

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

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

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

6. Dismissal of charges.

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

3. Minimum Score. Applicants must receive a minimum TEP score of 75 points to be considered for funding, not including preference points.

4. Eligible Activities. When the majority of the proposed activities are ineligible (more than 50%) HUD will not fund the application.

5. Suits Against the United States. An application is ineligible for funding if, as a current recipient of FHIP funds (within the last three years), the organization used any funds provided by HUD for the payment of expenses in connection with litigation against the United States (24 CFR 125.104(f)).

6. Other Litigation. An application 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. 3616 note).

Only applicants deemed eligible will be ranked and rated.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities Equal Participation of Faith-Based Organizations in HUD Programs and Activities

F. Program-Specific Requirements.

1. HUD will not fund an organization if the parent or its affiliate/subsidiary organization has an open grant (previously funded) under the same EOI 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 organizations, e.g., able to conduct business on an on-going basis without support from parent or its staff to complete proposed program activities and set apart from parent organization.

2. Co-applicants or members of a consortium must each meet the eligibility requirements of this NOFO or the applicant will be deemed ineligible. All applicants must be eligible applicants as defined in Section III A.

3. If an applicant is applying as a 501(c)(3), the applicant must be a 501(c)(3) tax-exempt organization as determined by the IRS prior to the application deadline date to be eligible for funding. Applications must include an IRS report showing 501(c)(3) status. If an applicant's 501(c)(3) status has expired prior to application deadline date, the application must show that the organization has applied for renewal of tax-exempt status and that the application is pending. If 501(c)(3) status has expired and there is no information regarding the application for renewal in the organization's application at the deadline date, the applicant will be deemed ineligible. In addition, if an organization with a pending 501(c)(3) application is selected for a funding award, the applicant must provide proof that the 501(c)(3) renewal is approved prior to release of funding. If the applicant’s pending application for renewal is subsequently denied, the applicant’s organization will be deemed ineligible and the award selection will be rescinded. Further, the applicant must maintain 501(c)(3) status throughout the grant period.

4. Amount exceeding the Maximum Amount. Applicants are ineligible for funding if they request funding over the maximum amount allowed under the initiative or component for which they have applied.

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

5. Inconsistencies in the Requested Amount or Miscalculations. Inconsistencies in the requested amount and/or miscalculations that result in amounts over the maximum award amount will be considered excessive and the application will be considered ineligible.

6. Performance. An organization is deemed ineligible for funding under this NOFO if it received a “poor” rating on its last or most recent performance assessment on a prior FHIP grant for any initiative/component. The organization will remain ineligible for a period of two years after the NOFO closure date unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the General Technical Representative/General Technical Monitor (GTR/GTM) to improve future performance.

In addition, if a “poor” performance rating on another FHIP grant is received after selection and receipt of funding under this NOFO, all remaining FHIP grant funds received under this NOFO will be rescinded and the organization will be deemed ineligible. The organization will remain ineligible for a period of 2 years after receipt of the “poor” performance rating unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the GTR/GTM to improve future performance.

FHAP agencies under a suspension or performance improvement plan, as designated under 24 CFR Part 115.210(a) and (b) at the time of application submission are ineligible for funding unless the performance issues are resolved to HUD’s satisfaction before the application deadline.

7. Research/Survey Activities. Applicants are ineligible for funding if their project is aimed solely at research or data gathering (such as Audit Testing). If a successful application contains research and other activities, only the eligible portions of the application will be funded. Proposed surveys or data gathering must be approved by HUD or OMB under the Paperwork Reduction Act before the application submission, or the activity is deemed ineligible.

8. 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.

Applicants must submit a separate application for each component and/or initiative for which the applicant applies.

This program requires a certification of Consistency with the Consolidated Plan under 24 CFR

91.2. This certification means the proposed activities in the application are consistent with the jurisdiction's strategic plan, and the location of the proposed activities is consistent with the geographic areas specified in the Consolidated Plan.

The Consolidated Plan also includes the jurisdiction's certification to affirmatively further fair housing, which means jurisdictions must comply with the regulations with respect to conducting Analyses of Impediments to Fair Housing Choice, as applicable. Under 24 CFR 91.510, for competitive programs, a certification of consistency of the application with the approved consolidated plan for the jurisdiction may be required, whether the applicant is the jurisdiction or another applicant. If you fail to provide the certification, and you do not cure the omission as a curable deficiency, HUD will not fund the application.

Participative Planning and Implementation: Applicants must identify the steps they will take to ensure that traditionally marginalized populations (such as racial and ethnic minorities and persons with disabilities) will be able to meaningfully participate in the planning process. The applicant must identify the specific populations that it will include, identify community organizations that represent these populations, and describe how these populations will be included in the planning process. For capital investment projects, grantees should commit to and demonstrate plans to employ low-income and very low-income persons and/or utilize Section 3 businesses at levels beyond those required by Section 3. In seeking public participation, applicants and recipients must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Executive Order 13166 require that grantees take reasonable steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons).

G. Criteria for Beneficiaries.

1. Single Audit Requirement. All applicants who have expended $750,000 or more in Federal financial assistance within a single year (this can be a program or fiscal year) must be audited in accordance with the requirements as established in 2 CFR Part 200.501. If an applicant receives $750,000 or more in Federal financial assistance, the applicant's application must set aside funds to complete the audit.

2. Dun and Bradstreet Numbering System. (DUNS) Numbering Requirement. Refer to the General Section for information regarding the DUNS requirement referenced at IV.C. The DUNS number used in the application must be for the applicant organization identified in Box 8a on the SF-424, Application for Federal Financial Assistance.

3. Independence of Awards. The application submitted must be independent and capable of being implemented without reliance of other applications, or other grantees(s), including staff sharing protocols of key staff. Applicants applying under one of the FHIP Initiatives may not use the performance (e.g., performance review rating or successfully completed activities) of another organization to meet the requirements of Rating Factor 1.

4. Testing Requirements. If funded, during negotiations applicants must provide a copy of its organization's written policy demonstrating that the organization policy/policies comply with the FHIP Regulation at 24 CFR 125.107. In addition, applicants should be prepared to adopt policies and practices that include a criminal background check on potential testers; and require that potential testers certify under penalty of perjury that they meet the requirements under that section. Costs for all background checks should be included in the applicant's budget.

5. Review and Approval of Testing Training Materials. If funded, during negotiations, HUD may require the applicant to submit copies of these documents to HUD for review:

(1) The training materials to be provided for tester training; and

(2) Other forms, protocols, cover letters, etc., used in the conduct of testing and reporting of results.

6. Training Funds. The applicant's proposed budget must set aside $5,000 annually to be utilized to participate in HUD sponsored mandatory or approved training. Do not specify amounts over $5,000 for this training set aside requirement under the applicant’s budget submission. If an applicant is awarded more than one FHIP grant (under more than one component), HUD reserves the right to examine the requested training needs. If additional training funds are not needed, HUD reserves the right to transfer funds back to fair housing activities during negotiations.

7. Closeout. Closeout should be undertaken as specified in 2 CFR Part 200.343.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying.

The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents.

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS Number is not good cause.