Foa_Content_of_FR-6800-N-21-A.pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiatives Program Education and Outreach Initiative

FR-6800-N-21-A

11/19/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Fair Housing and Equal Opportunity

Funding Opportunity Title:

Fair Housing Initiatives Program Education and Outreach Initiative Funding Opportunity Number:

FR-6800-N-21-A

Assistance Listing Number:

14.416 Due Date for Applications:

11/19/2024

OVERVIEW

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

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

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

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

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

OMB Control Number(s):

2529-0033

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The Fair Housing Initiatives Program (FHIP) provides funding to eligible non-profits and other fair housing organizations through competitive grants under several initiatives to carry out education and outreach and enforcement activities to prevent or eliminate discriminatory housing practices and to inform individuals of their rights and responsibilities under the Fair Housing Act (FHA). The Initiatives are the Fair Housing Organizations Initiative (FHOI), the Private 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

Enforcement Initiative (PEI), and the Education and Outreach Initiative (EOI).

This EOI NOFO makes available approximately $8,350,000 to develop, implement, carry out, and coordinate education and outreach programs designed to inform members of the public concerning their rights and obligations under the FHA. Under this EOI NOFO, activities are divided into five components:

EOI National – National Media Campaign Component The national fair housing media campaign will focus on advancing racial equity and access to housing opportunities, especially in underserved communities. The campaign will include addressing barriers that may arise when people exercise their fair housing rights to expand housing choice. The campaign will also focus on educating the public about the forms of inequities based on race and national origin that can occur in real estate related transactions. The campaign must provide for meaningful language access for persons of Limited English Proficiency and alternative forms of communication for individuals with disabilities. The campaign will provide information on how to file a housing discrimination complaint through

HUD.

EOI - Sexual Orientation and Gender Identity Component This NOFO includes funding for fair housing organizations to create and/or update and disseminate fair housing materials to reflect the clarification that after the U.S. Supreme Court’s Bostock decision (Bostock v. Clayton County, 140 S. Ct. 1731 (2020)), the FHA bars discrimination based on sexual orientation and gender identity.

EOI - Advancing Racial Equity Component This component will fund local and community-based education and outreach projects to promote racial desegregation, equity and justice in housing, and to address barriers that may arise when people protected under the FHA exercise their fair housing rights to expand their housing choice, consistent with the purpose of the FHA. These barriers include but are not limited to opposition to the creation and/or location of affordable housing, neighbor harassment based on race, and obstruction of persons who are seeking to enforce their fair housing rights.

EOI - Targeted Fair Housing Component This component targets organizations that demonstrate a need in their geographic area to work directly with populations of persons with Limited English Proficiency (LEP) to ensure they are aware of and understand their rights under the FHA. Funding may also be used for targeted education and outreach activities including fair housing services to underserved communities and underserved populations.

EOI - General Component This component provides funding for general fair housing education and outreach activities to inform people of their rights and responsibilities under the FHA. The Department encourages proposals which target antisemitic and Islamophobic discrimination, among other forms of housing discrimination.

2. HUD and Program-Specific Goals and Objectives

HUD’s Strategic Plan sets the direction and focus of our programs and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all. This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals and several objectives undergird the Plan; however the following goals are applicable to this NOFO.

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

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

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

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

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

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

This NOFO supports HUD's Strategic Plan by offering funding for fair housing activities that educate the public and housing providers about equal opportunity in housing and compliance with fair housing laws, toward the goal of eliminating housing discrimination, advancing equity in housing, and increasing access to housing opportunities.

3. Changes from Previous NOFO

Section III. F. Program Specific Requirements https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

Experience Promoting Racial Equity language was moved to Section III. F. (from Section V. B. 3.

in the FY2023 NOFO). Applicants must now also include a separate one-page narrative entitled Experience Promoting Racial Equity to meet the requirements of the FY2024 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 characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

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

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

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

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

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

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

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

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

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 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 individual associated with the applicant organization who is responsible for the administration and management of award activities for the applicant organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

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

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

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 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

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

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

(1)

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

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

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

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

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

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

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

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

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

(2) Minimum energy efficiency requirements, such as those defined in (i) ENERGY STAR (Certified Homes or Multifamily High-Rise), (ii) DOE Zero Energy Ready Home; (iii) Passive House Institute Passive Building or EnerPHit certification from the Passive House 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 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

Institute US (PHIUS), International Passive House Association; or (iv) any other equivalent energy efficiency standard acceptable to HUD.

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

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. § 1061(2));

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

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

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

(5) a Predominantly Black Institution (as defined in 20 U.S.C. § 1059e(b)(6));

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. § 1059g(b)(2)); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. § 1059f(b)(2)).

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

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

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

See Promise Zones.

Racial Equity is the elimination of racial disparities and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons.

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

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

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

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 entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

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

B. Authority

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

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

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 https://www.hud.gov/sites/dfiles/FHEO/documents/FY2024%20FHIP%20NOFO%20PROGRAM%20DEFINITIONS.pdf https://www.hud.gov/sites/dfiles/FHEO/documents/FY2024%20FHIP%20NOFO%20PROGRAM%20DEFINITIONS.pdf

II. AWARD INFORMATION

A. Available Funds Funding of approximately $8,350,000 is available through this NOFO.

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

B. Number of Awards HUD expects to make approximately 61 awards from the funds available under this NOFO.

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 and the reallocation of funds under this NOFO, please see Section V. B. Review and Selection Process.

C. Minimum/Maximum Award Information Estimated Total Funding:

$8,350,000 Minimum Award Amount:

$75,000 Per Project Period

Maximum Award Amount:

$1,300,000 Per Project Period

For specific minimum/maximum award information for each component, please see Section IIIA. Eligable Applicants.

D. Period of Performance Estimated Project Start Date:

04/30/2025 Estimated Project End Date:

04/30/2026 Length of Project Periods:

Other

Length of Periods Explanation of Other:

The project period and budget period and budget period will be in the range of 12-18 months.

Obligations should be made within six months of notice of award and all grants must be expended within the specific time frames established in negotiations.

E. Type of Funding Instrument Funding Instrument Type:

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

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

If funds are provided subject to a cooperative agreement, HUD will also exercise the right to have substantial involvement in all proposed deliverables, as well as the Work Plan or Statement of Work (SOW). For grants and cooperative agreements, HUD will conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables as documented in the applicant’s Work Plan or SOW. Most EOI funds are awarded under grant agreements. However, national funds are awarded under cooperative agreements and remain in Headquarters since the awards have a nationwide impact, and therefore require more complex and frequent oversight as well as Departmental approval of deliverables.

III. ELIGIBILITY INFORMATION

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

Additional Information on Eligibility Eligible applicants may be Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), agencies that participate in the Fair Housing Assistance Program (FHAP), other agencies of State or local governments, public or private not-for-profit organizations or institutions, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices. All applicants are required to complete Appendix B, EOI Eligibility Certification and submit as a part of their application. HUD will not evaluate applications from ineligible applicants.

The following list details the approximate available funding and the eligible applicants and activities for each EOI Component:

National Media Campaign Component (EOI-NMC)

• Amount Available - $1,300,000

• Award Cap - Up to $1,300,000

• Minimum Award - $250,000

• Project Period – 12-18 months

• Applicant Eligibility - QFHOs, FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968. Applicants must have at least 5 years of experience as an advertising, media or public relations organization or must partner with an advertising and media services organization with at least 5 years of experience as an advertising, media, or public relations organization.

• Eligible Activities. Eligible activities are the development and implementation of a national fair housing media campaign that will focus on advancing racial equity and improving access to housing opportunities, especially in underserved communities. The campaign will include addressing the many barriers that may arise when people protected under the FHA exercise their rights to expand their housing choice. The campaign will also focus on educating the American public about the forms of inequities and discrimination based on race and national origin that can occur in real estate related transactions, and must provide for meaningful language access for persons with Limited English Proficiency (LEP) and alternative forms of communication for individuals with disabilities. The campaign will provide information on how to file a housing discrimination complaint through HUD. The campaign must include but is not limited to the development and distribution of television, radio, print, social media and digital advertising campaigns and marketing materials, all of which must be localizable for use by other FHIP organizations engaging in local fair housing education and outreach campaigns. Organizations that receive an EOI-NMC award cannot receive additional EOI awards.

Sexual Orientation and Gender Identity Component (EOI-SOGI)

• Amount Available - $450,000

• Award Cap - Up to $75,000

• Project Period - 12-18 months

• Applicant Eligibility - QFHOs, FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies that participate in the FHAP, other agencies of State or local governments, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

• Eligible Activities. Eligible activities may include the creation and distribution of new educational or advertising materials or the updating and distribution of existing materials to reflect the prohibition of housing discrimination based on sexual orientation and gender identity. All updated materials must include a direct connection to the FHA or to actions that may violate the Act.

• Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or FHAP substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

Advancing Racial Equity Component (EOI-ARE)

• Amount Available - $600,000

• Award Cap – Up to $100,000

• Project Period - 12-18 months

• Applicant Eligibility– QFHOs, other FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies that participate in the FHAP, other agencies of State or local governments, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

• Eligible Activities. Eligible projects may include the development of traditional or digital advertisements and localized media campaigns; trainings/workshops that promote fair housing choice; projects that promote racial desegregation, equity and justice; and education and outreach projects that address housing discrimination based on race and the barriers that may arise when people protected under the FHA exercise their fair housing rights to expand their housing choice consistent with the purpose of the FHA.

• All applicants must describe a complaint referral process that will result in referral of fair housing complaints to HUD or FHAP substantially equivalent agencies. If funded, the grantee will be required to develop and implement the complaint referral process referenced in the application.

General Component (EOI-G)

• Amount Available - $5,500,000

• Award Cap – Up to $125,000

• Project Period - 12-18 months

• Applicant Eligibility - QFHOs, other FHOs, and other nonprofit organization representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies that participate in the FHAP, other agencies of State or local governments, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

• Eligible Activities - Eligible activities are those that inform people of their rights and responsibilities under the FHA which may include, but are not limited to: developing and distributing fair housing materials (i.e., brochures, webinars, and social media advertising); conducting educational symposia or other training; and providing fair housing information and outreach through printed and electronic media in languages applicable to communities in the proposed project area (i.e., Public Service Announcements for radio, television, and newspaper advertisements).

• All project related fair housing materials should have a common theme, and all activities must have a direct connection to the FHA or to actions that may violate the Act, which may include but are not limited to antisemitic and Islamophobic housing discrimination and other forms of housing discrimination.

• Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or FHAP substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

Targeted Fair Housing Component – (EOI-TFH)

• Amount Available - $500,000

• Award Cap - $125,000

• Period of Performance - 12-18 months

• Applicant Eligibility - QFHOs, other FHOs, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, agencies that participate in the FHAP, other agencies of State or local governments, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices. Applicants must be organizations that directly serve people with LEP in their geographic area.

• Eligible Activities - Organizations that directly serve people with LEP may use these funds to conduct fair housing education and outreach activities to ensure that people with LEP are aware of and understand their rights under the FHA, particularly in underserved communities and underserved populations. All activities and services must have a direct connection to the FHA and/or to actions that may violate the Act. Under Rating Factor 2 of the NOFO, organizations will also demonstrate project need based on demographics and communities of Limited English Proficiency in the service area.

• Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or FHAP substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

• Applicants that receive funding under the TFH component may not receive another EOI award.

Faith-based organizations

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

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

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

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

B. Ineligible Applicants HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants, including those that do not meet the threshold, statutory and regulatory, or program eligibility requirements under Section III. D, E and F.

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

Applicants that do propose cost sharing or matching in their application will be required, if selected for an award, to provide the cost sharing or matching proposed in their applications.

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

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

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

3. Eligible Activities. An applicant is ineligible for funding when the majority of its proposed activities are ineligible (more than 50%).

4. Suits Against the United States. An applicant is ineligible for funding if, as a current recipient of FHIP funds (within the last 3 years), the organization used any funds provided by HUD for the payment of expenses in connection with litigation against the United States (24 CFR 125.104(f)).

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

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

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

2. Outstanding Delinquent Federal Debts

3. Debarments or Suspensions, or both

4. Mandatory Disclosure Requirement

5. Pre-selection Review of Performance

6. Sufficiency of Financial Management System

7. False Statements

8. Prohibition Against Lobbying Activities

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

F. Program-Specific Requirements Applicants who fail to meet any of the following Program-Specific eligibility requirements will be deemed ineligible.

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

1. Fair Housing Related Activities. All program activities/tasks and costs within the SOW and budget must be fair housing related activities and must demonstrate an explicit connection to furthering the non-discrimination and affirmatively furthering fair housing provisions of the Fair Housing Act. HUD will not fund any portion of an application that is not eligible for funding under the regulatory requirements or that does not meet the requirements under this NOFO. Housing Counseling services are not eligible activities for the EOI.

2. Fair Housing Act/Protected Classes. Fair Housing Act/Protected Classes. All FHIP-funded projects must address housing discrimination based on race, color, religion, sex (including sexual orientation and gender identity; see Application to the Fair Housing Act of the Supreme Court's decision in Bostock v. Clayton County, GA Bostock Legal Memorandum 02-09-2021.pdf (hud.gov)), disability, familial status, and national origin and further the non-discrimination provisions of the Fair Housing Act and/or the obligation to affirmatively further fair housing. All services and activities must be available to all protected class members. The application’s proposed activities must reflect the commitment to address housing discrimination affecting members of all the above protected classes.

3. Applicants must describe a referral process that will result in referral of fair housing complaints to HUD or FHAP substantially equivalent agencies. If funded, the grantee will have to develop and implement the complaint referral process referenced in the application.

4. If the applicant has income restrictions for services, the application must identify the restriction, and describe how individuals who fall outside the restrictions will be equally served and how that service is provided. If this information is not provided, the applicant will be deemed ineligible.

5. HUD will not fund an organization if the parent or its affiliate/subsidiary organization has an open grant (previously…