Foa_Content_of_FR-6600-N-13 _ExtendedDate.docx

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Lead Hazard Reduction Grant Program - Modification

FR-6600-N-13

06/27/2023

Table of Contents

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

Lead Hazard Reduction Grant Program - Modification Funding Opportunity Number:

FR-6600-N-13

Assistance Listing Number:

14.905 Due Date for Applications:

06/27/2023 Summary The U.S. Department of Housing and Urban Development (HUD) Strategic Plan sets the direction and focus of ourprograms and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all.

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

· Strategic Goal 1: Support Underserved Communities

· Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing

· Strategic Goal 3: Promote Homeownership

· Strategic Goal 4: Advance Sustainable Communities

· Strategic Goal 5: Strengthen HUD’s Internal Capacity The five goals of the FY 2022-2026 Strategic Plan present the core vision of what we hope to accomplish, the strategies to accomplish those objectives, and the indicators of success.

Overview The full text of the announcement is organized in sections. The required format outlined below indicates immediately following the title of each section whether that section is required in every HUD Notice of Funding Opportunity (NOFO) or is an option of the issuing office. The format is designed so that similar types of information will appear in the same sections in announcements of different Federal funding opportunities. Toward that end, there is text in each of the following sections to describe the types of information that a program would include in that section of an actual announcement.

An office that wishes to include information that the format does not specifically discuss may address that subject in the appropriate section. For example, if an office chooses to address performance goals in the announcement, it might do so in the funding opportunity description, the application content, or the reporting requirements.

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

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

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

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

OMB Approval Number(s):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION.

This section contains the full program description of the funding opportunity. It may be as long as needed to adequately communicate to potential applicants the areas in which funding may be provided. It describes HUD’s funding priorities or the technical or focus area in which HUD intends to provide assistance taking into account HUD budget and congressional appropriation materials (please consult with your program budget office and OGC’s Implementation Guide for each appropriation that will be used to make awards under the funding opportunity). It must at a minimum include citations for authorizing statutes, regulations, and appropriations for the funding opportunity. As appropriate, it may include any program history (e.g., whether this is a new program or a new or changed area of program emphasis). This section must include program goals and objectives, reference to the relevant Assistance Listings, a description of how the award will contribute to the achievement of the program’s goals and objectives, and the expected performance goals, indicators, targets, baseline data, data collection, and other outcomes such Federal awarding agency expects to achieve and may include examples of successful projects that have been funded previously. This section also may include other information HUD deems necessary.

A. Program Description.

· Purpose Please add any program specific text into the text field below. The program authorization or appropriation (including budget and congressional materials in the absence of statutory purpose language) is often a good source of language for the purpose.

The purpose of the Lead-Based Paint Hazard Reduction (LHR) grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, counties/parishes, Native American Tribes or other units of local government in undertaking comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations. In addition, there is Healthy Homes Supplemental funding available that is intended to enhance the lead based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect occupant health.

Program funds will be awarded to applicants through this NOFO to accomplish the following objectives:

a. (Targeted Units) Target lead hazard control efforts in housing units where children less than 6 years of age are at greatest risk of lead poisoning (pre-1960, and, especially, pre-1940 construction), which has historically included children in low-income and minority neighborhoods, to reduce the likelihood of elevated blood lead levels in these children.

b. (Cost Effectiveness) Utilize cost-effective lead hazard control methods and approaches that ensures the long-term safety of the building occupants.

c. (Capacity) Build local capacity of trained and certified individuals and firms to address lead hazards safely and effectively during lead hazard control, and renovation, remodeling, and maintenance activities. Another core element for capacity includes the development of comprehensive, community-based approaches to integrating this grant program within other local initiatives through public and private partnerships that address housing related health and safety hazards and/or serve low income families with children under the age of six (6).

d. (Affirmative Marketing) Establish and implement a detailed process of monitoring and ensuring that units made lead-safe are affirmatively marketed, and priority given, to families with children under age 6 years for not less than three years.

e. (Data Collection) Gather pre- and post-treatment data that supports and validates lead hazard control investments. Program data collected should support the evaluation of grant program activities and outcomes.

f. (Targeted Outreach and Education) Conducting targeted outreach, affirmative marketing, education or outreach programs on lead hazard control and lead poisoning prevention designed to increase the ability of the applicant to deliver the specified lead hazard control services through this program; including educating owners of eligible rental properties, tenants, and others on the benefits and expectations of participating in this program provided by "Title X" of the Residential Lead-Based Paint Hazard Reduction Act of 1992.

· Changes from Previous NOFO.

Please add any program specific text into the text field below.

Changes from the previous NOFO posted April 26 are as follows:

· Funds not awarded in Round 1 of this NOFO are being made available in this modification Round 2.

· Funds from FY 2023 appropriations are being made available in Round 2.

· The previously available funding in Round 2 of $403,764,572.84 has been increased to $711,764,572.84 with 160 awards estimated to be awarded under Round 2. Healthy Homes Supplemental funding has been increased from approximately $9,889,860.20 to $27,889,860.20. No funds are available for the High Impact Neighborhoods category of grants, so that category does not appear in this Round.

· Certain provisions under the Build America, Buy America Act (Public Law No. 117-58, §§ 70901-52) apply to this amended Round 2. See section VI.B.10 and Appendix A of this NOFO, and the implementing guidance available on HUD's dedicated webpage for details.

· Changes from FY 2021 NOFO.

· If you received Lead Hazard Reduction grant funding in 2020 or 2021, or in Round 1 in 2022, you are not eligible to apply under this program.

· This NOFO uses a 48-month project period and budget period, which is changed from the previous 42-month project period and budget period.

· Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, section 223, Justice40 Initiative, applies to this grant program. The initiative sets an Administration “goal that 40 percent of the overall benefits [of covered programs] flow to disadvantaged communities.” Your application must specify the percentage of the census tracts within its target area that are disadvantaged communities, as per Office of Management and Budget guidance. See section V.A, Rating Factor Two, Justification of Applicant Need.

· Using, for Rating Factor Two and elsewhere, the Center for Disease Control and Prevention’s (CDC’s) current blood lead reference value (BLRV) for children under age 6 of 3.5 micrograms per deciliter as part of identifying jurisdictions with the highest need, in contrast to the previous NOFO’s use of CDC’s previous BLRV of 5.0 micrograms per deciliter.

· The teletype (TTY) number that may be used by individuals who are deaf or hard of hearing, or who have speech disabilities, to reach telephone numbers mentioned in this NOFO has been changed from the Federal Relay Service’s 800 TTY number, for which the service has expired, to the Federal Communication Commission’s TTY service number, 711.

· Definitions.

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

Assistance Listing number refers to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA). Assistance Listing is a unique number assigned to identify a Federal Assistance Listings, formerly known as the CFDA Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424.

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

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

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

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

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

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

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

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

Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline. Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis.

E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.

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

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

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

1. Grants;

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

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed and voluntary contributions; and

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

11. Federal financial assistance does not include amounts received as reimbursement for services rendered to individuals as described in section 200.502(h) and (i). (2 CFR 200.1) Federal award, has the meaning, depending on the context, in either paragraph (i) or (ii) of this definition:

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

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

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR §200.1, and this NOFO, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

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

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

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

Historically Black Colleges and Universities (HBCUs) The Higher Education Act of 1965, as amended, defines an HBCU as: “…any historically black college or university that was established prior to 1964, whose principal mission was, and is, the education of black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation.” HBCUs offer all students, regardless of race, an opportunity to develop their skills and talents.

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

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

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. See Promise Zones.

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

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or regular-sized business. The definition of “small”—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries. See 13 CFR Part 121.

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

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

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

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

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

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

· Program Definitions.

Please add any program specific definitions into the text field below.

Program definitions are provided in Appendix D.

B. Authority.

· Please add the statutory and/or appropriations citation that provides the legal authority for the program and funding here.

· If the NOFO includes already appropriated funding, this section needs to include the title of the Appropriations Act, the Public Law number and enactment date for the current FY and all prior year funding included in this NOFO: e.g., “Funding for this program is provided by the Consolidated Appropriations Act, 2023(Public Law 118-X, approved XXX) [bill name, public law number, approval date TBD], the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022), the Consolidated Appropriations Act, 2021(Public Law 116-260, approved December 27, 2020), the Further Consolidated Appropriations Act, 2020 (Public Law 116-94, approved December 20, 2019), and the Consolidated Appropriations Act, 2019 (Public Law 116-6, approved February 15, 2019).”

· If the NOFO will be published in advance of Congressional appropriations, then note “Congress has not yet appropriated funds for this program. Therefore, the applicable funding terms and conditions are contingent on future congressional action.”

The Lead-Based-Paint Hazard Reduction (LHR) Grant Program - Modification is authorized by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992) (42 U.S.C. 4852) and funding is provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328, enacted December 29, 2022), the Consolidated Appropriations Act, 2022 (Public Law 117-103, enacted March 15, 2022), and the Consolidated Appropriations Act, 2021 (Public Law 116-260, enacted December 27, 2020).

The Healthy Homes Supplemental funding is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect occupant health. The Healthy Homes Supplemental activities are authorized by Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2) and funding is provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328, enacted December 29, 2022) and the Consolidated Appropriations Act, 2022 (Public Law 117-103, enacted March 15, 2022.

II. Award Information.

This section provides information to help an applicant decide whether to submit a proposal. Relevant information includes the total amount of funding that HUD expects to award through the NOFO; the expected performance indicators, targets, baseline data, and data collection (which the NOFO must make clear as provided by 2 CFR 200.204(c) and 200.211(a)); the anticipated number of Federal awards; the expected amounts of individual Federal awards (which may be a range); and the anticipated start date, period of performance, and budget period(s) for new Federal awards. This section also must address whether applications for renewal or supplementation of existing awards are eligible to compete with applications for new HUD awards.

This section also must indicate the type(s) of assistance instrument (i.e., grant or cooperative agreement) that may be awarded if applications are successful. If cooperative agreements may be awarded, this section either should describe the "substantial involvement" that HUD expects to have or should reference where the potential applicant can find that information (e.g., in the funding opportunity description in I. Funding Opportunity Description Required or award administration information in section IV. Application and Submission Information). If procurement contracts also may be awarded, this must be stated.

A. Available Funds You must select a radio button. For the second radio button, please consult with your program budget office to determine the correct NOFO funding amount that is consistent with the Department’s Budget and Operating Plan.

Funding of approximately $711,764,572 is available through this NOFO.

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

If this NOFO has multiple funding sources, you may use the filed below to list the sources and amounts Approximately $27,889,860.20 of the amount above is available for the Healthy Homes Supplemental funding and is available only to applicants who are awarded a LHR grant and only for work in homes for which lead hazard control work (not just lead hazard evaluation work) is being done under the grant.

B. Number of Awards.

To edit any content below select the "Edit" hyperlink. This will bring you to the Synopsis page to make the applicable updates. Once completed select the "Save" button to save the information and the content will automatically be updated in this section.

HUD expects to make approximately 160 awards from the funds available under this NOFO.

For information on the methodology used to make award determinations under this NOFO, please see Section V.B Review and Selection Process below.

Funding will be set aside for applicants that have never received an award under the Lead Hazard Reduction grant program or whose grant period of performance ended 2 or more years ago. If there are an insufficient number of eligible applicants to use this set-aside, the funding will be made available to other eligible grant applicants. If there are more eligible applicants for this set-aside than can be funded using the set aside, the highest rated applicants will be awarded a grant under this set aside, and the remaining eligible applicants will be evaluated along with the remaining group of eligible applicants.

C. Minimum/Maximum Award Information If Minimum/Maximum Award Amounts do not apply, mark as $0 and add a thorough explanation in the text field below.

For the purposes of application under this NOFO; you should consider the minimum and maximum funding amounts below as you develop your program approach and budget for consideration.

The following is a breakdown of estimated total funding available for Lead-Based Paint Hazard Reduction

· Highest Lead-Based Paint Abatement Needs: approximately $155,728,338.98

· Other Jurisdictions: approximately $528,146,373.66

· Healthy Homes Supplemental funding: approximately $27,889,860.20

· Total $711,764,572.84

1. The minimum award for any applicant to request under this NOFO is $1,000,000. The maximum award amounts for the Lead-Based Paint Hazard Reduction grant program will be divided into the following categories:

2. Areas with the Highest Lead-Based Paint Abatement needs with at least 3,500 pre-1940 occupied rental housing units = minimum award of $1,000,000; maximum award of $8,000,000.

3. Other Jurisdictions = minimum award of $1,000,000; maximum award of $5,000,000.

4. Jurisdictions that have never received a Lead-Based Paint Hazard Control (LBPHC) or Lead Hazard Reduction Demonstration (LHRD) grant or whose grant period of performance ended two (2) or more years ago = minimum award of $1,000,000; maximum award of $4,000,000.

Healthy Homes Funding The maximum award amount for the Healthy Homes Supplemental funding will be divided into the following categories:

1. Highest Lead-Based Paint Abatement Needs jurisdictions, and other jurisdictions (but see below) = $700,000

2. Jurisdictions that have never received an LBPHC or LHRD grant or whose grant period of performance ended two (2) or more years before the due date for applications for this NOFO = $400,000 Please Note: As described in section III.C.3.a, below, in the event you request an amount over the maximum award, on line 18a of the SF-424, the application will not pass threshold and will not be reviewed.

Estimated Total Funding:

$711,764,572 Minimum Award Amount:

$1,000,000 Per Project Period Maximum Award Amount:

$8,000,000 Per Project Period D. Period of Performance Insert information related to your grant activities start and end dates. The estimated dates the program believes grant activities can begin. To account for the new cost allowability criterion in 2 CFR 200.403(h), please be sure the “budget period” reflects the period for incurring allowable costs under the award.

Estimated Project Start Date:

09/05/2023 Estimated Project End Date:

09/07/2027 Length of Project Periods:

48-month project period and budget period Length of Periods Explanation of Other:

N/A E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) F. Supplementation HUD is providing grantees with an option to request Healthy Homes Supplemental funding. The Healthy Homes Supplemental funding request is an additional amount distinct from the requested federal lead hazard control grant award amount for this program and must be treated as such. A separate SF 424 must be filled out and attached to the grant application package in the grants.gov system to receive these funds in addition to the required narrative and budget documents as detailed in the rating factors below.

The Healthy Homes Supplemental request must also be clearly indicated in your abstract. It is your responsibility to include the additional SF 424 requesting the Healthy Homes Supplement amount as a separate additional award and to clearly define in the abstract and the narrative submitted the exact dollar amount requested for both the Lead Based Paint Hazard Reduction Grant award and any total amount of Healthy Homes Supplement requested to ensure that the breakdown of the total request is accurately reflected on any such awarded application. Please Note: As described in section III.C.3.a, below, in the event you request an amount over the maximum award, on line 18a of the SF 424, the application will not pass threshold and will not be reviewed.

III. Eligibility Information.

This section addresses factors that make an applicant or application eligible for consideration. List eligible activities for your specific NOFO. You must make clear whether an applicant's failure to meet an eligibility criterion by the time of an application deadline will result in the return of the application without review or, even though an application may be reviewed, will preclude HUD from making an award.

The key elements to be addressed must be outlined in the sections below: III.A. Eligible Applicants, III.B. Ineligible Applicants, III.C. Cost Sharing or Matching, III. D. Threshold Eligibility Activities, III.E. Statutory and Regulatory Requirements Affecting Eligibility III.F. Program-Specific Requirements, and III.G. Criteria for Beneficiaries (if applicable).

A. Eligible Applicants.

The program office must select the checkboxes for each general category below that includes the types of entities that are eligible to apply and add any further qualifications or restrictions on eligible applicants in the text field provided below the checkboxes. You may not eliminate organizations that are eligible under the statute, or restrict competition to certain applicants, without providing justification. For example, if your program is limited to nonprofit organizations that are exempt from taxation as provided in Internal Revenue Code section 501(a) as an entity described in section 501(c)(3) (26 U.S.C. §§ 501(a) and (c)(3)), the announcement must clarify this requirement and expressly state the statutory authority for requiring such status in the text field below “Additional Eligibility Criteria.” Similarly, it is better to state explicitly whether Native American tribal organizations are eligible for funding under the NOFO instead of leaving it ambiguous.

Eligibility also can be expressed by exception, (e.g., open to all types of domestic applicants other than individuals). The text field must also include a cross-reference to any portion of Section IV specifying documentation that must be submitted to support an eligibility determination (e.g., if nonprofits are eligible, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, and the program is subject to 24 CFR 5.109(l), this text field must refer to the NOFO section requiring nonprofit status to be demonstrated by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5), the forms of documentation HUD must accept under 24 CFR 5.109(l) to verify nonprofit status).

To the extent that any funding restriction in Section IV.E could affect the eligibility of an applicant or project, you must either restate that restriction in the text field or provide a cross- reference to the restriction in Section IV.E.

If you check the option “Public housing authorities/Indian housing authorities,” and Indian housing authorities (IHAs) are in fact not eligible, you must include a notation in the first text field below explaining that only PHAs are eligible.

If Tribally Designated Housing Entities (TDHEs) other than IHAs are eligible applicants, you must select the “Other” category and add a specific explanation that TDHEs are eligible applicants for your program.

24 CFR 5.109(l) applies to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of CFR, or unless inconsistent with certain HUD program authorizing statutes. If 24 CFR 5.109(l) applies to your program, nonprofit organizations are eligible applicants, and your NOFO requires an organization to maintain tax- exempt status in order to be eligible for funding (i.e., you check only checkbox 12 below), you must expressly state the statutory authority for requiring such status in the text field below “Additional Eligibility Criteria.” If 24 CFR 5.109(l) applies to your program and nonprofit organizations are eligible applicants, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, applicants are permitted to demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5) and you must check all checkboxes necessary, consistent with 24 CFR 5.109(l), and include language in the text field below “Addition Information on Eligibility” indicating that applicants can demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5).

00 (State governments) 01 (County governments) 02 (City or township governments) 04 (Special district governments) 07 (Native American tribal governments (Federally recognized)) 25 (Others (see text field entitled "Additional Information on Eligibility" for clarification)) Additional Information on Eligibility Only cities, counties/parishes, and other units of local government, and certain States and Native American Tribes (those that have an U.S. Environmental Protection Agency- (EPA) authorized lead abatement certification program on the submission deadline) are eligible applicants. Multiple entities may apply as a consortium, including nonprofit co-applicants, provided an eligible entity is the principal (lead) applicant responsible for ensuring compliance with NOFO requirements, and each entity must meet the Resolution of Civil Rights Matters threshold requirement.

If your department or agency does not report directly or through a direct chain of command to your jurisdiction’s chief executive officer (governor, county executive, mayor, etc.), you must identify the specific statute(s) (e.g., 1 MyState Revised Code 2345) establishing it as a part of the government, and either attach the relevant wording, or include the specific freely accessible web address(es) in the application.

An applicant with at least 3,500 pre-1940 occupied rental housing units (either alone or through a consortium) may apply under the Highest Lead-Based Paint Abatement Needs grants category for up to $8,000,000.

An applicant that would be a first-time grantee or whose previous lead hazard control grant ended two (2) or more years before the deadline may request up to $4,000,000. An applicant whose previous grant ended less than two (2) years ago may request up to $5,000,000 (Other Jurisdictions). An applicant requesting funding under the Highest Lead-Based Paint Abatement Needs category that does not meet the applicable criteria will be put into the general applicant’s pool and the requested amount lowered to the maximum for the category under which they are assigned, i.e., $4,000,000 or $5,000,000, as above, if the requested funding exceeded the applicable maximum. An applicant that is eligible for a grant under the Areas with the Highest Lead-Based Paint Abatement Needs grant category may choose to apply under the Other Jurisdictions category instead.

2020 and 2021 Lead Hazard Reduction grant awardees and 2022 Round 1 Lead Hazard Reduction grant awardees are not eligible to compete for, or receive, awards made under this announcement.

The information in the text area above is sent to Grants.gov. Therefore, it only allows up to 2,500 characters. If you require additional space, please enter it into the text area below. If 24 CFR 5.109(I) applies to your program, nonprofit organizations are eligible applicants, and your NOFO requires an organization to maintain tax-exempt status in order to be eligible for funding, you must expressly state the statutory authority for requiring such status here.

If 24 CFR 5.109(l) applies to your program and nonprofit organizations are eligible applicants, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, applicants are permitted to demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5). You must include language here or cross-reference the portion of the NOFO, indicating that applicants can demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5).

B. Ineligible Applicants.

This section addresses factors that make an applicant or application ineligible for consideration. List ineligible applicants for your specific NOFO.

The following are not eligible entities for this competition and applications will not be reviewed:

1. Individuals.

2. 2020 and 2021 Lead Hazard Reduction grant awardees and 2022 Round 1 Lead Reduction grant awardees.

3. Foreign entities.

4. Sole proprietorship organizations.

C. Cost Sharing or Matching.

Announcements must state whether there is required cost sharing, matching, or cost participation without which an application would be ineligible (if cost sharing is not required, you must explicitly say so). Required cost sharing may be a certain percentage or amount or may be in the form of contributions of specified items or activities (e.g., provision of equipment). It is important that the announcement be clear about any restrictions on the types of cost (e.g., in- kind contributions) that are acceptable as cost sharing. Cost sharing as an eligibility criterion includes requirements based in statute or regulation. This section should refer to the appropriate parts of section IV, Application and Submission Information, that state any pre-award requirements for submission of letters or other documentation to verify commitments to meet cost-sharing requirements if an award is made. Please refer to 2 CFR § 200.306, Cost Sharing or Matching.

This Program requires cost sharing or matching as described below.

Insert additional program-specific text in the text area below. Be sure to note if your program will still consider leverage as a factor when rating and ranking applications.

Match is required for this program by statute 42 U.S.C. 4852(h). Generally, Federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program’s authorizing statute (for example, HUD’s Community Development Block Grants program). The chart below describes the match percentage requirement, minimum percentage of Federal funds for lead hazard control activities, and maximum administrative cost (as a percentage of federal funds). The minimum match requirement applies to the federal lead hazard control requested amount for applicants for each of the lead hazard reduction funding categories and excludes the requested Healthy Homes (HH) Supplemental funding amount.

Match and Cost Requirements Table.

Costs Maximum Administrative Costs

(excluding HH Supplemental funds) 65 percent (excluding HH Supplemental funds) 10 percent (excluding HH supplemental funds)

Matching Funds Evaluation.

Applicants must include the Matching Contribution Table below and should have the corresponding information on the commitment as on the form HUD-424 CBW and the SF-424 application documents submitted under this opportunity. The SF-424 and the match table will constitute the applicants’ commitment to fund the match requirement. The applicant is responsible for all match commitments, including those from donors, discounts and property owners, should those contributions not materialize. The table should indicate the source, proposed eligible uses, and amounts of match committed on the SF-424 and Form HUD_424_CBW. Add additional rows to the table, as needed, for each match.

Amount

Shared costs or matching funds and contributions must not be paid by another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs.

NOTE: Community Development Block Grant (CDBG) funds may be used as match to satisfy the matching resource requirements, provided they are specifically designated for the activities and costs allowed in this NOFO. Proposed matching commitments that are not eligible, such as, funding sources that are federal (e.g., HOME or Weatherization Assistance Program funds) or that are not committed for allowable uses (e.g., rehabilitation, code compliance) will not be counted towards satisfying the match requirements of the programs in this NOFO, although the funds may be used for the units being treated under this grant.

Evidence of match commitment. You must provide documentation of all match indicated on the SF-424 and the Form HUD_424_CBW by letters of firm commitment, such as Memoranda of Understanding or other signed agreements from those entities identified as partners in the application with your submission to this NOFO. All letters of commitment, including those provided by your organization, MUST clearly identify the dollar amount or value, the source(s) of the funds, and the proposed uses of matching funds being committed. Commitments for match to be supplied by your organization must be supported by a letter signed by the authorized official whose signature appears on the SF-424 detailing sources and uses of the committed match. The commitment documentation must mention this NOFO and have been signed on or after the date this NOFO was published. You must show that matching contributions will be used specifically for allowable program costs and come from allowable non-federal sources. Both the source of the funds and use of the funds must comply with the requirements of this NOFO. The Department will track and monitor all match commitments according to Office of Management and Budget (OMB) and program requirements.

Permissible Match Contributions. Examples of eligible sources that are permissible as match contributions include:

· Documentation of Contributions from Property Owners. Homeowners or landlords (owners) may contribute match dollars. You must provide detailed documentation of the cost to be paid by the homeowner or landlord. Only owner contributions for eligible activities will count as match. Owner contributions must be supported and verified by a third party: for example, materials or labor that the owner paid for or provided must be substantiated via receipts/records. You must document and verify all owner-provided labor through a third party, and this labor must be valued at market rates.

· The value of in-kind donated items, such as paint and other materials or equipment that are used for lead-based paint hazard control, must be established at market rates.

· For services or products provided at a discounted rate and used an eligible use under the grant, the discounted part of the fee or price is the eligible match, not the entire value of the services or products. For example: if a supply company provides a product to the contractor at a lower rate, the difference in the cost of the product the supplier would typically charge, and the discounted rate is a match if otherwise eligible. You must document that the vendors that provide discounts are knowingly providing support for this federal award.

· Third Party In-Kind Contributions. See 2 CFR 200.306 for additional information on third party in-kind contributions.

D. Threshold Eligibility Requirements.

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

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

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

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

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

3. Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or…