Foa_Content_of_FR-6700-N-78-A.pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiatives Program - Education and Outreach Initiative for the American Rescue Plan

FR-6700-N-78-A

05/11/2023

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

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Fair Housing and Equal Opportunity Funding Opportunity Title:

Fair Housing Initiatives Program - Education and Outreach Initiative for the American Rescue Plan Funding Opportunity Number:

FR-6700-N-78-A

Assistance Listing Number (formerly CFDA Number):

14.416 Due Date for Applications:

05/11/2023

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):

2529-0033

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

The American Rescue Plan Act of 2021 (hereinafter referred to as ARP) recognizes that fair housing enforcement and education and outreach services are essential components of protecting persons from housing discrimination in the United States.

The ARP appropriated twenty million dollars ($20,000,000) in supplemental Fair Housing Initiatives Program (FHIP) funding to HUD to provide relief to the following fair housing organizations to carry out eligible activities: Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), public or private not-for-profit organizations or institutions, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices; agencies of State or local governments; and agencies that participate in the Fair Housing Assistance Program (FHAP).

This NOFO will provide funding to such eligible organizations to address fair housing education and outreach activities, and the costs of delivering or adapting these services relating to the coronavirus pandemic. In keeping with Congress’s intent in enacting the ARP, applicants may propose new fair housing education and outreach projects relating to discrimination arising in connection with the pandemic or focus on sustaining core fair housing education activities.

The FHIP ARP Education and Outreach Initiative (EOI) NOFO invites applications from eligible EOI organizations seeking support for fair housing activities that are connected to or adversely impacted by the coronavirus pandemic. Through this funding opportunity, HUD will award grants to eligible organizations to help them continue to advance their mission during the interruption of their operation and recovery efforts resulting from the coronavirus pandemic.

(See Section III. Eligibility Information). As of February 2023, approximately $16.014 million in ARP FHIP funding has been awarded, ensuring that much needed relief was received by victims of housing discrimination within months of enactment of the ARP; the current ARP NOFO provides additional funding for eligible organizations to continue fair housing activities connected to or adversely impacted by the coronavirus pandemic.

The Department encourages projects that reflect on the organization’s quest for a more just, inclusive, and sustainable society. The Department especially welcomes education and outreach activities which help ensure that victims of housing discrimination who have been hit the hardest relating to the coronavirus pandemic are provided with the resources and support they need to emerge from the pandemic stronger. Eligible organizations may use ARP funds to provide fair housing education and outreach services through a number of vehicles (print, television and radio advertisements, mass media, brochures, digital/social media advertising, and trainings) to equitably expand fair housing activities. These education and outreach activities should be expanded for underserved populations that need these services the most including underserved communities: 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, including Black, Latino, Indigenous, Native American, Asian, Pacific Islander, and other, persons of color; members of religious groups; lesbian, gay, bisexual, transgender, and queer, (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; persons otherwise adversely affected by persistent poverty or inequality; young adults;

persons with limited English proficiency and other groups of federally protected class members experiencing housing discrimination. In addition, services should be provided to people experiencing or on the verge of housing instability or homelessness, including those that may face possible displacement due to the end of the pandemic related eviction and foreclosure moratoriums, senior citizens and people with disabilities who are trying to escape the heightened risk of coronavirus associated with institutional or congregate settings, and people with inadequate access to technology.

HUD has designed a simplified application process including expedited review for the distribution of these critical relief funds. This ARP EOI NOFO makes available approximately $3,385,353 to develop, implement, and coordinate education and outreach programs designed to inform members of the public of their rights and obligations under the provisions of the Fair Housing Act. Each application must provide a plan to deliver information on how to file a discrimination complaint through HUD or a local fair housing agency. The activities under this ARP EOI NOFO are divided into two components:

ARP National Media Campaign Component

This NOFO will make available $1 million for a National Media Campaign. The focus of this national media campaign is to address housing discrimination issues relating to the coronavirus pandemic, especially in underserved communities.The campaign must ensure that those most impacted by housing related issues resulting from the pandemic are provided with educational and other resources to identify and combat housing discrimination. The campaign should also focus on areas hit hardest by discriminatory foreclosures and evictions, people experiencing or on the verge of housing instability or homelessness, including those that may face possible displacement due to the end of the pandemic related foreclosure and eviction moratoriums, senior citizens and people with disabilities who are trying to escape the heightened risk of coronavirus associated with institutional or congregate settings.

Studies show that evictions disproportionately affect women of color, with landlords filing for eviction against Black and Hispanic women at higher rates than as against men and as against women who are not Black or Hispanic. The grantee’s objective will be to create and disseminate fair housing education and outreach materials in areas most significantly affected by the COVID- 19 pandemic, especially in highly segregated areas, rural areas and areas with high incidences of discriminatory foreclosure and eviction. HUD wants to remind housing providers and the public of important federal fair housing laws that protect persons from discrimination, including housing provider and neighbor harassment and intimidation, in housing and related services on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), familial status and disability. HUD recognizes that persons with disabilities, including those who are older and have underlying medical conditions, are vulnerable and may be at high risk for a severe, life-threatening response to COVID-19; therefore, these persons may face unique fair housing and civil rights issues that need to be addressed. The campaign will provide information for all protected classes on how to file a housing discrimination complaint through HUD or a local fair housing agency.

ARP EOI Regional/Local/General Component

The purpose of this funding component is to prevent, mitigate, and respond to the fair housing related effects of COVID-19 through enhanced fair housing education and outreach services and related infrastructure. Consistent with this purpose, funding may support a wide range of education and outreach activities which are COVID-19 related and which may change as COVID-19 circumstances and related community, public, and organizational needs evolve over the 12 to18 month grant period of performance. This ARP EOI NOFO makes available approximately $2,385,353 to support eligible organizations and activities under the General Component (GC).

This ARP EOI NOFO provides broad flexibility to each applicant to address specific fair housing education and outreach needs in their communities related to COVID-19. Below are examples of eligible activities and allowable use of funds under this NOFO:

Develop and disseminate fair housing education and outreach materials designed to inform members of the public of their rights under the Fair Housing Act and how they can file a housing discrimination complaint. Applicants should focus their efforts on those geographic areas that have been significantly impacted by the COVID-19 pandemic and should educate the public about the warning signs of discriminatory foreclosures and evictions related to the pandemic, and the remedies available. Applicants may also utilize funding for adaptive services and technology to provide outreach to the public when in-person services are not available due to the rise in or relating to coronavirus cases.

Rehire fair housing staff laid off in connection with or relating to the pandemic and promote workforce development. Establish, expand, sustain and develop fair housing staff to carry out fair housing education and outreach services relating to the coronavirus pandemic.

Develop, implement and sustain technological updates in the operations of the fair housing organization to avert disruptive and costly delays in the provision of fair housing education and outreach services caused by COVID-19.

Engage in and implement education and outreach activities relating to the coronavirus pandemic that invest in equity and fair housing opportunities for underserved communities as described above, who need the services the most.

Work to close housing disparities and increase access to affordable housing by educating the public, address sexual harassment prevention, and engage in community-based fair housing crisis intervention relating to the coronavirus pandemic.

Develop, implement and provide: fair housing technical assistance to local governments, to members of the pubic or to other individuals needing or requesting fair housing assistance; fair housing staff training; and new fair housing curricula for other fair housing organizations, for law schools and/or for other educational institutions; all relating to the coronavirus pandemic.

HUD issues this ARP NOFO to invite applications from eligible applicants for the program and purpose described herein. Prospective applicants should carefully read all instructions in all sections to avoid submitting 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.

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, https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas 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 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

2. 1A: Advance Housing Justice Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

3. 1B: Reduce Homelessness Strengthen Federal, State, Tribal, and community implementation of the Housing First approach to reducing the prevalence of homelessness, with the ultimate goal of ending homelessness.

4. 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

5. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

Through this ARP NOFO HUD aims to assist communities and regions impacted by the coronavirus pandemic by supporting fair housing enforcement and education and outreach services that are an essential component of protecting persons from housing discrimination, especially among underserved communities. The pandemic has caused, and continues to cause, fair housing inequities in U.S. communities and regions in devastating and unprecedented ways.

Please refer to Section I. A. 1 above for additional goals and objectives information.

3. Changes from Previous NOFO

a. This FHIP ARP NOFO removes the Private Enforcement Initiative and introduces two new components under the Education and Outreach Initiative:

1. ARP EOI - National Media Campaign Component

2. ARP EOI – Region/Local/General Component

b. HUD is publishing this current NOFO to award the remaining ARP FY2021 carryover funding of approximately $3,385,353 in addition to any recovery funds which may become available and which must be obligated by September 30, 2023.

c. FY2023 NOFO Template. This NOFO is consistent with the Department’s new FY2023 Notice of Funding Opportunity Template.

d. Section III. F. Program Specific Requirements

i. Advancing Racial Equity. HUD’s template for fiscal year 2023 includes a requirement under Section III. F. that all applicants submit a narrative explaining how their proposed project activities will advance racial equity in accordance with Executive Order 13985.

ii. Affirmative Marketing. HUD’s template for fiscal year 2023 includes a requirement under Section III. F. that all applicants submit an Affirmative Marketing narrative demonstrating that the housing, services, or other benefits provided under the NOFO will be affirmatively marketed broadly throughout the local area and nearby areas to any demographic groups that would be unlikely or least likely to apply absent such efforts.

e. Section IV. G. Other Submission Requirements. All applicants must discuss in their application how they will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations, and how applicants will meet the requirements of the definition of AFFH at 24 CFR 5.151.

f. Section V.A.2. Preference Points. The possible preference points for this NOFO include two

(2) possible points for each category for projects in a Promise Zones and/or for Minority Serving Institutions (MSIs) or organizations partnered with MSIs. The maximum number of preference points available under this section is four (4) points. HUD may award no more than four total preference points for these preferences; any preference points awarded will be added to applicant’s total score. See Section V. for information on preference points requirements.

g. Section V.B.3. Experience Promoting Racial Equity. This is a separate section which informs applicants that HUD will consider the extent to which the application demonstrates that the applicant has the experience and the resources necessary to effectively address the needs of underserved communities in evaluating applications for funding.

4. Definitions

a. Standard Definitions

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

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

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

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

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

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

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

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

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

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 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

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)

(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.

https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

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).

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.

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

See Promise Zones.

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.

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 https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz

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.

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.

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

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

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

Appraisal is a valuation of property through an estimate or opinion of the value of a specified residential or commercial property made in a business context in connection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate related transactions made by an authorized person.

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

Complaint is a filed fair housing complaint accepted by HUD or a Fair Housing Assistance Program agency as jurisdictional, or a complaint filed in a state or federal court alleging violations of the Fair Housing Act.

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

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

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

Government Technical Monitor (GTM) means the HUD individual who has been designated to provide technical monitoring, advice, and assistance, to aid the Government Technical Representative (GTR) in the technical and financial oversight and evaluation of the grantee's performance.

Government Technical Representative (GTR) means the HUD individual who is responsible for the technical administration of the grant, the evaluation of performance under the grant, the acceptance of technical reports or projects, and other such specific responsibilities as may be stipulated in the grant, and approval of payment.

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

Integration or Integrated Settings, for purposes of this NOFO, means in the context of housing, settings that enable individuals with disabilities to live like individuals without disabilities. Integrated settings also enable individuals with disabilities to live independently with individuals without disabilities and without restrictive rules that limit their activities or impede their ability to interact with individuals without disabilities. Examples of integrated settings include scattered-site apartments providing permanent supportive housing, tenant-based rental assistance that enables individuals with disabilities to lease housing in integrated developments, and apartments for individuals with various disabilities scattered throughout public and multifamily housing developments. By contrast, segregated settings are occupied exclusively or primarily by individuals with disabilities. Segregated settings sometimes have qualities of an institutional nature, including but not limited to, regimentation in daily activities, lack of privacy or autonomy, policies limiting visitors, limitations on the ability of individuals to engage freely in community activities and manage their own activities of daily living, or planned daytime activities primarily with other individuals with disabilities.

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

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

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

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

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

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

Rural Areas include any of the following:

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

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

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

The Census Bureau identifies the rural portions of extended cities.

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

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

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

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

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

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

Underserved Populations means groups of individuals who are:

a. persons of immigrant populations (especially racial and ethnic groups who are non- English-speaking or have limited English proficiency);

b. persons living in a rural areas, particularly persons from low-income backgrounds;

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

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

e. persons living in areas currently underserved or unserved by a State or local government or private fair housing organizations providing fair housing services;

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

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

h. persons from low-income backgrounds and/or persons systematically denied a full opportunity to participate in aspects of economic, social, and civic life, including Black, Latino, Indigenous, Native American, Asian, Pacific Islander, and other, persons of color, members of religious groups, persons with disabilities, and other groups of federally protected class members experiencing housing discrimination; or

i. persons experiencing housing instability and/or, persons whose access to housing opportunity has been negatively impacted due to the COVID-19 pandemic.

B. Authority

1. Section 561 of the Housing and Community Development Act of 1987, as amended (see 42 U.S.C. 3616a), established FHIP. The implementing regulations are found at 24 CFR Part 125.

2. Funding for this NOFO is provided pursuant to Section 3208 the American Rescue Plan Act of 2021 (ARP) (Public Law 117-2, approved March 11, 2021), which made available $20,000,000 in grant funding through HUD’s FHIP for additional relief to fair housing organizations to address the continued impact during and relating to the coronavirus pandemic. Under prior rounds of this NOFO, HUD awarded approximately $16.014 million and an appropriated amount of $600,000 was directly transferred to HUD Salaries and Expenses as authorized by the ARP.

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $3,385,353 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.

If an applicant is awarded funding, HUD is not under any obligation to provide any future funding in connection with that award or to make any future award(s). Amendments to extend the period of performance are at the sole discretion of HUD.

Publication of this announcement does not obligate HUD to award any specific grant or cooperative agreement or to obligate all or any part of available funds. HUD may even limit the number and amount of actual awards made under this NOFO. The granting of any award is subject to the availability of funds at the time of the award as well as to HUD priorities at the time of award. HUD will not be held responsible for application preparation costs.

B. Number of Awards

HUD expects to make approximately 32 awards from the funds available under this NOFO.

This includes one (1) award under the National Media Campaign Component and approximately thirty-one (31) awards under the Regional/Local/General Component.

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

C. Minimum/Maximum Award Information

The maximum award possible under this NOFO varies by component. The specific minimum and maximum award amounts per component are listed in the NOFO under Section III. Eligibility Information.

Estimated Total Funding:

$3,385,353 Minimum Award Amount:

$25,000 Per Project Period

Maximum Award Amount:

$1,000,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

07/25/2023 Estimated Project End Date:

07/24/2024 Length of Project Periods:

Other

Length of Periods Explanation of Other:

The period of performance under this initiative is 12 to 18 months. Grant agreements executed by HUD and the grantee should be completed within thirty days of Notice of Award [initial announcement of award through HUD press release and Award Notification Letter] and all grants should be expended within the specified time frame(s) established in negotiations. However, expenditures must be made no more than 18 months from the date of award.

E. Type of Funding Instrument

Funding Instrument Type:

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

The document will set forth the relationship between HUD and the awardee using a grant or cooperative agreement, where the principal purpose of the document is the transfer of funds, property, services, or anything of value, to the awardee to accomplish an eligible public purpose.

The agreement will identify the eligible activities to be undertaken, the financial controls and special conditions, including sanctions for violations of the agreement, the reporting requirements including sub-recipient reporting requirements under the Federal Funding Accountability and Transparency Act of 2006, and integrity requirements under Section 872 of the Duncan Hunter Defense Authorization Act of 2009.