Foa_Content_of_FR-6700-N-29L.pdf

U.S. Department of Housing and Urban Development

Policy Development and Research

HUDRD - Exploring Office to Residential Conversions (HUDRD-EORC)

FR-6700-N-29L

10/12/2023

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

Application Review Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Policy Development and Research Funding Opportunity Title:

HUDRD - Exploring Office to Residential Conversions (HUDRD-EORC) Funding Opportunity Number:

FR-6700-N-29L

Assistance Listing Number (formerly CFDA Number):

14.536 Due Date for Applications:

10/12/2023

OVERVIEW

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

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

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

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

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

OMB Approval Number(s):

2528-0299

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

This NOFO announces the availability of up to $860,000 in grant funds to study recent efforts to convert downtown office buildings to properties with residential units since the start of the COVID-19 pandemic. The research funded under this NOFO will lay the groundwork for future studies contributing to general knowledge on the topic of office-to-residential conversions since the start of the pandemic, including the policy landscape, construction challenges, financial tools available for these conversions, and other policy interventions. Submitted research proposals must describe how the knowledge generated under the proposed project will contribute to understanding the Federal, state, or local policies and programs designed to address office-to-residential conversions.

Background

Since the start of the pandemic, many cities have experienced significant increases in office building vacancy rates as workers continue to work remotely. Many of these cities also experienced severe shortages in affordable housing as the supply of housing failed to keep pace with the demand. Vacant office buildings coupled with a crisis of affordable housing have recently spurred efforts among city leaders to jointly address these issues through incentives and flexibilities that allow for the conversion of vacant office buildings for residential use. While adaptive reuse of office buildings is not a new phenomenon, interest in these conversions has increased since the pandemic.

Conversion Efforts Across Cities

Several cities have recently developed formal plans and have proposed or even passed new ordinances and laws within the last year. Examples include efforts in Washington DC, Los Angeles, Chicago, and New York City. Washington DC recently passed “The Tax Abatements for Housing in Downtown Act of 2022” that provides a 20-year tax abatement for eligible conversions that include 15% of converted housing units reserved for persons earning 60% of Median Family Income. The city’s DC’s Comeback Plan, released at the beginning of 2023, supplements this legislation by focusing on transforming the DC downtown area into “a lively, mixed-use urban center” and sets a goal of 15,000 new residents in this area by 2028. Los Angeles’ city planning office released a plan in Fall of 2022 called the “Downtown Los Angeles Community Plan Update” that seeks increased housing downtown and includes $400 million in incentives for developers to convert office buildings into affordable housing over the next two years. As part of the “LaSalle Street Reimagined” initiative, Chicago’s mayor in Fall of 2022 offered developers financial incentives to convert aging office buildings into affordable apartments and retail within the city’s LaSalle Street Financial Corridor. The mayor’s goal was to create 1,000 new apartment units, with 300 of these units reserved for affordable housing.

New York City’s Adaptive Reuse Task Force released recommendations at the beginning of 2023 from its “Office Adaptive Reuse Study” with an ambitious goal to free up 136 million square feet of office buildings for residential use. Recommendations include tax incentives for conversions with reserved units for affordable housing, and flexibilities that would lift zoning restrictions for residential use and allow for a broader array of housing types.

Known Challenges

As cities consider ways to support conversions, they will need to find creative opportunities to encourage the participation of key stakeholders such as developers and landowners, while meeting community needs and goals. Some known challenges to conversions include:

https://lims.dccouncil.gov/downloads/LIMS/49079/Signed_Act/B24-0714-Signed_Act.pdf https://lims.dccouncil.gov/downloads/LIMS/49079/Signed_Act/B24-0714-Signed_Act.pdf https://www.obviouslydc.com/dcs-comeback-plan/home https://planning.lacity.org/plans-policies/community-plan-update/downtown-los-angeles-community-plan-update https://planning.lacity.org/plans-policies/community-plan-update/downtown-los-angeles-community-plan-update https://www.chicago.gov/city/en/sites/lasalle-street/home.html https://www.nyc.gov/assets/planning/download/pdf/plans-studies/office-reuse-task-force/office-adaptive-reuse-study.pdf

Financing – Before a property can be converted, a developer must secure financing for the project. This means they must show that the converted property will support rents that will yield a positive return for investors.

Structural – Structural and design limitations, including issues related to plumbing, elevators, and windows, can make some buildings more costly to renovate than to demolish and undertake new construction, and may make it difficult to secure financing.

Zoning – Zoning and land use regulations can restrict building conversions for residential uses.

Building codes – Locally-adopted building codes have certain requirements (e.g., windows in bedrooms) that can introduce structural and design challenges to conversion projects.

Preservation – Historic preservation requirements may make it more challenging to convert historical office buildings.

Existing leases – Remaining occupants within an office building being converted may require the developer to buy out existing leases or wait until all leases expire.

Environmental – Concerns may include the removal of hazardous materials such as asbestos, lead paint, and contaminated soil.

Tax Revenue and Expenditures – The loss of city income if tax rates are lower on residential properties compared to commercial properties, and increased city services (i.e., water, sewage, trash removal, etc.) required to support new residents.

Residential Amenities – green spaces, schools, bike paths, grocery stores, and other amenities may be lacking in areas not originally designed or zoned for residents.

These known challenges, however, may not fully capture new challenges that will arise from the recent demand for conversions that began at the start of the pandemic. Much of the existing literature that addresses office to residential conversions focuses on conversions from a different era, prior to the pandemic. Among others, a unique challenge for cities today will be to consider how to incentivize conversions while meeting increasingly ambitious affordable housing goals.

New research is needed to help communities more fully understand the challenges of office-to-residential conversions and the policy tools available to help localities overcome these challenges.

Study Objectives

Applicants are encouraged to submit research proposals that would advance the following objectives:

1. Provide comparative case studies of at least six cities that have converted or are planning to convert office buildings to residential properties since the start of the pandemic, that:

a. Describe contextual characteristics and community features of the cities selected for this study.

b. Identify the conversion strategies observed cities have selected, the related challenges they have faced, and the ways they are attempting to overcome these challenges.

c. Describe how the selected cities are using office-to-residential conversions to increase the supply of affordable housing and assess any outcomes or progress to date.

2. Develop a community guide targeted to local leaders and development practitioners to assist communities that wish to convert office buildings into housing. The guide will include lessons learned, including how communities can increase their supply of affordable housing and address equity concerns through the conversion of office buildings.

3. Identify ways to measure and evaluate the impact of office-to-residential conversions on housing affordability and other outcomes, such as municipal tax revenues, demographic compositions of neighborhoods, rental and occupancy rates, returns on investment, and other key metrics.

4. Improve understanding of the financing limitations associated with conversions and identify how policy reforms, tax credits, subsidies, and other strategies can make more projects economically viable.

Research Questions

Applicants are encouraged to address the following research questions:

1. Which cities are most actively promoting office-to-residential conversions since the start of the pandemic? How and why have these cities chosen to actively promote these conversions?

2. Fully explain the variety of promising methods and practices being used to convert office space into housing, identifying the challenges and how they are overcome. Why were these practices successful? How have the challenges and policy solutions changed since the start of the pandemic? Are any of these new ideas potentially counter-productive?

3. What design features help to reduce costs of conversion and increase the number of people who can be housed?

4. What financing options are used in projects to convert office buildings into residential properties? How do the availability and use of historic tax credits, tax incentives, subsidies, and abatements impact the viability of projects? What other factors, including office vacancy rates, influence the feasibility of office-to-residential conversions?

5. What policy levers exist for cities to incentivize developers to convert office space to residential use and include affordable housing units? What policy levers are cities using?

How are cities using zoning and building code changes to facilitate these conversions?

Which specific changes are most common and most effective?

6. Which forms of government assistance, including subsidies, abatements, and tax credits, are most effective at spurring conversions?

7. How do office-to-residential conversions affect tax revenue for local governments?

8. How can or do cities use conversions to increase the supply of affordable and physically accessible housing?

9. What are the equity and racial equity concerns (as defined in this NOFO) with conversions of office buildings to residential properties and what strategies do cities employ to ameliorate these issues?

10. What is the role for the federal government in assisting communities that seek to convert vacant office space to affordable housing? How can existing tools be adapted to facilitate conversions (as an example, the Historic Tax Credit)?

11. How can impacts of conversions be monitored, measured, and assessed in future research?

Eligible Activities

Eligible activities under this NOFO include all research and project management activities that contribute to meeting the NOFO objectives. Eligible activities include, but are not necessarily limited to, the following:

All research activities required to complete the funded research, including the articulation of research questions through the development of a research design, data collection and analysis plans; outreach and communication efforts related to the execution of the research project; data collection and analysis; development of written reports; and the communication of findings to stakeholders.

Engagement with Subject Matter Experts on any aspect of the project as needed to bring expertise to enhance the research team’s knowledge in critical areas.

Meeting regulatory requirements for research such as the engagement of an Institutional Review Board to review and approve data collection instruments and the development of Informed Consent materials for study participants.

Project management activities, including required project management tools (Opening Meeting, Management and Work Plan and Budget, Quality Control Plan, and Quarterly Progress Reports) and regular communication with HUD staff on all project deliverables, as required by HUD’s substantial involvement under the grant.

Travel, as required, to carry out the project as designed.

Dissemination of research findings to stakeholders.

Deliverables

HUD cooperative agreements require certain deliverables as part of the project management system, including the following: (1) an opening meeting with HUD, (2) a Management and Work Plan providing a detailed outline of specific tasks, a project timeline, staffing and management responsibilities, and the allocation of resources, (3) a Quality Control Plan that documents all necessary measures taken by the awardee to assure that the quality of a final product will meet the requirements outlined in the Cooperative Agreement, and (4) Quarterly Progress Reports that document award expenditures and the progress of the overall project. Please note that the Management and Work Plan is the document that will govern HUD’s monitoring of all project activities.

Project deliverables will include the following documents, each of which must be approved by the Government Technical Representative assigned to the project: (1) a Research Design that will serve as a technical blueprint for all research activities that will be undertaken to address the research objectives, (2) a Data Collection and Analysis Plan that includes data collection instruments and/or protocols, informed consent materials, and an analysis plan for any data collected, (3) a draft and final report that documents the data collection efforts and the results of the data analysis, (4) a community guide targeted to local leaders and development practitioners to assist communities that wish to convert office buildings into housing, and (5) two final briefings on the study findings: one for HUD staff, and one for relevant stakeholders to share the findings of the study.

The Governmental Technical Representative (GTR) and other HUD staff will work closely with awardees to further define deliverables during the execution of the project.

Final work products must be well-written, and the community guide and final research report must be of publishable quality and conform to HUD’s formatting requirements. HUD intends to publish the community guide and final research report on the Department's research portal at www.huduser.gov.

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

However, of the five goals only those applicable to this NOFO are identified below.

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

2. 2A: Increase the Supply of Housing Enhance HUD's programs that increase the production and supply of housing across the country.

Under the overarching goal of HUD’s FY 2022-2026 Strategic Framework to pursue transformative housing and community-building policy and programs, the strategic plan reads:

“ensure HUD centers its focus on people, and their lived experiences, with policy and programs that are equity-focused, anti-discriminatory, and that advance housing justice, so that everyone has an affordable, healthy place to live.” This research NOFO provides funding to support research on conversions of office buildings to residential units. While the primary goal of the research is to inform HUD’s strategic goal to increase housing supply, this study will also inform HUD of potential equity concerns related to these conversions and provide communities with guides that should include lessons learned and how equity concerns can be addressed. This will act in furtherance of the two Executive Orders on Advancing Racial Equity and Support for Underserved Communities (EO 13985 and 14091).

3. Changes from Previous NOFO

This is a new NOFO.

4. Definitions

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected http://www.huduser.gov/ https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development.

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

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

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

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

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

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

This plan is completed by engaging in a participatory process to assess 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.

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

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

https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

A Curable Deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must:

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

Not influence how an applicant is ranked or scored versus other applicants; and Be remedied within the time frame specified in the notice of deficiency.

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

E-Business Point of Contact (E-Biz POC) is an 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 Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

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

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

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

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

(1) https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

(a) 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

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

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

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

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

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

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

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1601);

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

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

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

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

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

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

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf

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

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

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

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

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

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

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

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

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

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

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

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

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

b. Program Definitions.

Adaptive Reuse is the process of converting an existing structure and updating or adapting it for a new use or purpose.

Conversion in this NOFO refers to the process of converting or rehabilitating an existing office building for residential purposes.

Office Building in this NOFO refers to a structure that was solely or predominantly designed and utilized for office space, but may include some mixed-used spaces, such as retail or other commercial spaces. Office buildings targeted for this study will be typically located in the urban core areas of high-density cities.

Office-To-Residential Conversion in this NOFO is used synonymously with Conversion as defined above.

Subject Matter Expert means a group of recognized technical and analytic experts in the field of evaluation in the applicable area. The group should include other experts in the domains of interest for the applicable study, as recommended by the Grantee and approved by HUD.

B. Authority

This program is authorized by Sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. §1701z-1 and §1701z-2) and funding is provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022).

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $860,000 is available through this NOFO.

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

B. Number of Awards

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

HUD may award one or multiple awards for this NOFO. Applicants can request up to $860,000 in funding, with a minimum of $200,000. If HUD decides to make multiple awards under this NOFO, the total funding of all awards combined will not exceed $860,000.

C. Minimum/Maximum Award Information

Estimated Total Funding:

$860,000

Minimum Award Amount:

$200,000 Per Project Period

Maximum Award Amount:

$860,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

02/01/2024 Estimated Project End Date:

08/01/2026 Length of Project Periods:

18-month project period and budget period

Length of Periods Explanation of Other:

N/A

E. Type of Funding Instrument

Funding Instrument Type:

CA (Cooperative Agreement)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

06 (Public and State controlled institutions of higher education)

12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education)

20 (Private institutions of higher education)

22 (For profit organizations other than small businesses)

23 (Small businesses)

Hispanic-serving Institution

Historically Black Colleges and Universities (HBCUs)

Tribally Controlled Colleges and Universities (TCCUs)

Alaska Native and Native Hawaiian Serving Institutions

Additional Information on Eligibility Faith-based organizations

(1) Faith-based organizations may apply for this award on the same basis as any other organization, as set forth at 24 CFR 5.109, and subject to the protections and requirements of 42 https://www.ecfr.gov/current/title-24/subtitle-A/part-5#p-5.109

U.S.C. 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an organization based on the organization's religious character, affiliation, or exercise.

(2) A faith-based organization that participates in this program will retain its independence and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law, including the Free Speech and Free Exercise Clauses of the Constitution, 42 U.S.C. 2000bb et seq., 42 U.S.C. 238n, 42 U.S.C. 18113, 42 U.S.C. 2000e-1(a) and 2000e-2(e), 42 U.S.C. 12113(d), and the Weldon Amendment, among others. Religious accommodations may also be sought under many of these religious freedom and conscience protection laws, particularly under the Religious Freedom Restoration Act.

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

B. Ineligible Applicants

Individuals, foreign entities, and sole proprietorship organizations are not eligible to compete for, or receive, awards made under this announcement.

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

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

(3) Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act, Violence Against Women Act, or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

3. Completeness of Application

Applications must be complete, including all required forms, assurances, certifications, narratives, and non-form attachments. Incomplete applications are ineligible and will not be considered for funding. See Section IV.B. Content and Form of Application Submission.

E. Statutory and Regulatory Requirements Affecting Eligibility

Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs

The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs” document on HUD’s Funding Opportunities page.

Universal Identifier and System for Award Management (SAM.gov) Requirements Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Mandatory Disclosure Requirement Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Prohibition Against Lobbying Activities

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

F. Program-Specific Requirements

Advancing Racial Equity In accordance with Executive Order 13985, Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and federal fair housing and civil rights laws, you must submit a narrative demonstrating the following:

You analyzed the racial composition of the persons or households who are expected to benefit from your proposed grant activities;

You identified any potential barriers to persons or communities of color equitably benefiting from your proposed grant activities;

You detailed the steps you will take to prevent, reduce or eliminate these barriers; and You have measures in place to track your progress and evaluate the effectiveness of your efforts to advance racial equity in your grant activities.

Note that any actions taken in furtherance of this section must be consistent with federal nondiscrimination requirements.

All applicants must submit a narrative which addresses the four bullets described in the paragraph above. This narrative should be included as Attachment A. Applicants must address all four bullets and should particularly describe how the community guide (as outlined in the objectives under the Program Description of this NOFO) will work to prevent, reduce or eliminate barriers to communities of color and underserved communities from equitably benefiting from this research.

G. Criteria for Beneficiaries.

None.

IV. APPLICATION AND SUBMISSION INFORMATION

https://www.hud.gov/grants https://www.hud.gov/grants https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

A. Obtain an Application Package

Instructions for Applicants All application materials, including the Application Instructions and Application Package, are available through Grants.gov. You must access and review all available application materials.

You must submit your application electronically via Grants.gov under the Funding Opportunity Number cited within this NOFO. Your application must list the applicable Funding Opportunity Number.

You can request a waiver from the requirement for electronic submission, if you demonstrate good cause. An example of good cause may include: a lack of available Internet access in the geographic area in which your business offices are located. However, lack of SAM registration or valid UEI is not a good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if you fail to submit to HUD in writing or via email a request for a waiver at least 15 calendar days before the application deadline. If HUD grants a waiver, a paper application must be received before the deadline for this NOFO. To request a waiver, you must contact:

Name:

D'Andre Chambers Email:

Dandre.D.Chambers@HUD.gov HUD Organization:

PD&R

Street:

451 7th Street, SW City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 B. Content and Form of Application Submission

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package.

Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is a Non-Curable Deficiency, unless otherwise stated under the Threshold requirements section.

1. Content

Forms/Assurances/Certific ations

Submissio n Requireme nt

Notes/Description

Application for Federal Assistance (SF-424)

Review section IV.G. of this NOFO for detailed submission requiremen ts.

Applicant and Recipient Assurances and Certifications (HUD 424-B)

Re…