Foa_Content_of_FR-6800-N-71-A.pdf

U.S. Department of Housing and Urban Development

Fair Housing and Equal Opportunity

Fair Housing Initiatives Program -Education and Outreach Initiative -Test Coordinator Training

FR-6800-N-71-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 -Test Coordinator Training Funding Opportunity Number:

FR-6800-N-71-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-profit and other fair housing organizations through competitive grants under three 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 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

(FHA). The Initiatives are the Fair Housing Organizations Initiative (FHOI), the Private Enforcement Initiative (PEI), and the Education and Outreach Initiative (EOI).

The EOI NOFO for Test Coordinator Training makes available $500,000 to support fair housing test coordinator training courses in general/basic fair housing testing and advanced/complex fair housing testing. Fair housing testing is an investigative tool used to gather evidence of any violations of the Fair Housing Act or other civil rights laws. A test is a covert investigation involving one or more persons who initiate contact with a person or entity to gather information about their housing policies, treatment and/or practices to compare with the requirements of fair housing laws. A test may involve comparing how persons similarly situated except for a protected characteristic are being treated. HUD is vigilant about ensuring that the testing performed adheres to investigatory standards so that it yields credible, objective and admissible evidence to aid in the enforcement of the FHA. Fair housing testing efforts may focus on specific areas of testing such as discriminatory effects, or bias in the home lending, insurance and appraisal markets. Test coordinators working on these efforts require specialized training to design and coordinate high quality testing programs. This NOFO supports test coordinator training courses in the areas of discriminatory effects (including those resulting from source of income and criminal records related policies) or discrimination in; mortgage lending, homeowners' insurance, and residential appraisals.

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.

https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

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.

3A: Advance Sustainable Homeownership Advance the deployment of tools and capital that put sustainable homeownership within reach.

3A: Major Initiative: Expand Homeownership Opportunities Promote financing for innovative ownership models to increase the availability of affordable housing.

3B: Create a More Accessible and Inclusive Housing Finance System Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

3. Changes from Previous NOFO

Section III. F. Program Specific Requirements: Applicants must submit a narrative which addresses the Experience Promoting Racial Equity requirements.

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 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 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 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.

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).

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

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

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

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

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

Minority-Serving Institutions (MSIs) are

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

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

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.

Rural Partners Network (RPN) is an all-of-government program that helps rural communities find resources and funding to create jobs, build infrastructure, and support long-term economic stability on their own terms. The RPN is central to President Biden’s commitment to ensuring that rural Americans have the opportunity to succeed – and that they can find that opportunity in rural America. Through the Rural Partners Network, the Administration is marshaling the combined resources of the federal agencies and other providers to partner directly with rural people and places and unlock the full potential of rural America.

Rural Partners Network (RPN) Community Networks (CN) are designated rural places by the Federal government. When being considered for an RPN CN, rural stakeholders were asked to define their geographic footprint, and their “community network” and select a “Host Entity.”

The “Host Entity” leads the local collaborations and partnerships. These RPN CNs are a collaboration among local leaders, residents, civic and business organizations, nonprofits, service providers, development agencies, and others representing the diversity of the region’s population and perspectives. The RPN CN Host Entity and their stakeholders have defined their geographic footprint for their community network, which can be a single county – or can include multiple counties and towns in a geographically-distinct rural region. The official list of RPN CN is located on the Rural.gov website.

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 http://www.rural.gov https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/ 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.

All Program Definitions Pertaining to the FY2024 FHIP 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).

II. AWARD INFORMATION

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

Additional funds may become available for award under this NOFO 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 1 awards from the funds available under this NOFO.

HUD may at its discretion, fund a single organization to deliver the full spectrum of activities eligible for funding, or make multiple awards under this NOFO.

C. Minimum/Maximum Award Information Estimated Total Funding:

$500,000 Minimum Award Amount:

$200,000 Per Project Period

Maximum Award Amount:

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

$500,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

04/30/2025 Estimated Project End Date:

04/30/2026 Length of Project Periods:

12-month project period and budget period

Other

Length of Periods Explanation of Other:

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

E. Type of Funding Instrument Funding Instrument Type:

CA (Cooperative Agreement)

HUD expects to award a cooperative agreement to each applicant selected for an award. HUD will set forth the relationship between HUD and the awardee using a cooperative agreement, where the principal purpose is the transfer of funds, property, services or anything of value to the awardee to accomplish an eligible public purpose. The agreement will identify the eligible activities to be undertaken, financial controls, and special conditions, including sanctions for violations of the agreement, reporting requirements including sub-recipient reporting requirements under the Federal Funding Accountability and Transparency Act of 2006 and integrity requirements under Section 872 of the Duncan Hunter Defense Authorization Act of 2009. HUD will monitor progress to ensure that the awardee has achieved the objectives set out in the agreement. Failure to meet such objectives may be the basis for HUD determining the awardee to be in default of the cooperative agreement and for exercising available sanctions, including suspension, termination, and/or recapture of funds. HUD may refer violations or suspected violations to enforcement offices within HUD, the Department of Justice, or other enforcement authorities. HUD will also conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables as documented in the Applicant’s SOW, and determine whether the organization meets all certification and assurance requirements.

III. ELIGIBILITY INFORMATION

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

Additional Information on Eligibility Eligible applicants may be Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), public or private not-for-profit organizations or institutions representing groups of persons protected under Title VIII of the Civil Rights Act of 1968, 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 certified by the Secretary under section 810(f) of the Fair Housing Act; and agencies that participate in the Fair Housing Assistance Program (FHAP). All applicants are required to complete Appendix B, EOI Eligibility Certification and submit it as a part of their application.

An applicant's failure to meet an eligibility criterion by the application deadline will disqualify it.

Applicants may be required to verify 501(c)(3) status in accordance with 24 CFR 5.109(l).

An applicant that is selected for and receives an award under this EOI-TCT NOFO is not eligible to receive an award under the FY2024 EOI-National Media Campaing (NMC) component.

Eligible Activities - Applicants must develop and implement a test coordinator training program for fair housing testing coordinators working for organizations participating in HUD’s FHIP Private Enforcement Initiative (PEI) and Fair Housing Organizations Initiative (FHOI).

Applicants must propose training activities that address a variety of testing approaches and structures as well as provide coordinators with the most effective methodologies, technology, and techniques appropriate for productive testing approaches for each testing situation, including effective alternative methods for remote testing. Training should address primary differences in testing between regions (e.g., some states do not permit secret recordings). Activities should also include technical assistance after training is completed, throughout the grant period of performance.

The training must contain both basic and advanced training modules. Applicants must propose a plan to evaluate training quality, impact, and the need for additional or supplemental trainings.

Applicants must propose a strategy to provide test coordinator training on the training topics listed below:

1. General or Basic Test Coordinator Training (rental and sales) – Teach coordinators the principles and applications of testing, including audit testing, complaint-based enforcement testing, and systemic enforcement testing. The proposed training should educate test coordinators on designing tests with the most effective structure and approach (e.g., matched pair phone tests, or a triad of in person buyer tests). Training should include an overview of the history of testing and the housing industry from a national perspective, including how HUD, DOJ, the U.S. Supreme Court, advocates, and non-profits have used testing to further fair housing.

2. Advanced or Complex Test Coordinator Training (lending, insurance, appraisal valuation/bias, discriminatory effects discrimination) – Teach coordinators the principles and applications of testing in mortgage lending, appraisal and algorithmic bias, and homeowners' insurance contexts. In addition, teach coordinators to conduct testing to uncover evidence of discriminatory effects on classes of persons protected under the FHA (e.g., from source of income discrimination and discrimination resulting from criminal records policies). Provide an overview of the mortgage lending, appraisal, and insurance markets, as well as the history of testing in those contexts. Provide testing tools and methods that uncover covert forms of discrimination and/or recognize use of algorithms that result in unjustified effects protected class groups under the FHA or under a substantially equivalent state or local law. Discuss how testing in these contexts can help identify failures by HUD recipients to affirmatively further fair housing. Modes of testing should include utilization of a variety of techniques, such as in-person testing, telephone testing, and internet/email testing.

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 or sole proprietorships. HUD will not evaluate applications from ineligible applicants including those that do not meet the threshold, statutory and regulatory, and/or program eligibility requirements under Sections 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.

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.

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

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. Ineligible Activities. When the most of the proposed activities (more than 50%) are ineligible, HUD will not fund the application. HUD has the right to request information or documentation to clarify or confirm that proposed activities are eligible fair housing activities.

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

5. Other Litigation. An application is ineligible for funding if the organization proposes in its current application or used funds provided by HUD (within the last 3 years) to fund or support the settlement of a claim, satisfaction of a judgment, or fulfillment of 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

1. Fair Housing Related Activities. All program activities 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 FHA.

2. 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 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 https://www.hud.gov/sites/dfiles/ENF/documents/Bostock%20Legal%20Memorandum%2002-09-2021.pdf reflect the commitment to address housing discrimination affecting members of all the above protected classes.

3. Income Restrictions. If an applicant has income restrictions for services, the application must identify the restrictions and explain how individuals who fall outside the restrictions will be equally served and how that service is provided.

4. Affiliates/Subsidiaries. HUD will not fund an organization if the parent or its affiliate/subsidiary organization has an open grant (previously funded) under the same EOI component and will not fund both a parent organization and its affiliate/subsidiary organization under this NOFO for the same component. In addition, HUD will not allow affiliate and parent organization staff sharing protocols whereby the parent organization shares key staff with an affiliate(s). All funded organizations must be fully independent functional organizations able to conduct business on an ongoing basis without support from parent or its staff to complete proposed program activities, and set apart from the parent organization.

5. Co-applicants/Consortiums. Each co-applicants or members of a consortium must individually meet the eligibility requirements.

6. Nonprofits. If applying as a 501(c)(3), the applicant must include an IRS report showing 501(c)(3) status prior to the application deadline. If an applicant's 501(c)(3) status has expired prior to application deadline date, the application must show that the organization has applied for renewal of tax-exempt status and that the application is pending. If an organization with a pending 501(c)(3) application is selected for a funding award, the applicant must provide proof that the 501(c)(3) renewal is approved prior to release of funding. If the applicant’s pending application for renewal is subsequently denied, the award selection will be rescinded. Further, the applicant must maintain 501(c)(3) status throughout the grant period.

7. Funding Request Amount Exceeding the Maximum Amount. Applicants are ineligible for funding if they request funding over the maximum amount allowed, even if due to miscalculations or inconsistencies in the application.

8. Inconsistencies in the Requested Amount. If inconsistent amounts are requested in an application that is selected for an award, the amount requested on the SF-424 will be deemed the controlling amount for purposes of determining the amount of funding.

9. Performance. An organization is deemed ineligible for funding under this NOFO if it received a “poor” rating on its last or most recent performance assessment on a prior FHIP grant for any initiative/component and will remain ineligible for a period of one year after receipt of the poor performance rating unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the Government Technical Representative/Government Technical Monitor (GTR/GTM) to improve future performance. In addition, if an organization receives a “poor” performance rating on another FHIP grant after selection and receipt of funding under this NOFO, all remaining FHIP grant funds received under this NOFO will be rescinded and the organization will be deemed ineligible and will remain ineligible for a period of one year after receipt of the “poor” performance rating unless the organization provides evidence that the rating was overturned through an appeal or that another resolution was accepted by the GTR/GTM to improve future performance. FHAP agencies under a suspension or performance improvement plan, as designated under 24 CFR Part 115.210(a) and (b) at the time of application submission are ineligible for funding unless the performance issues are resolved to HUD’s satisfaction before the application deadline.

10. Research/Survey Activities. Applicants are ineligible for funding if their project is aimed solely at research or data gathering. If a successful application contains research and related activities, only the eligible portions of the application will be funded. In addition, proposed surveys must be approved by HUD or OMB under the Paperwork Reduction Act before the application submission.

11. Rating Factors. An application that includes no narrative responses to any of the four Rating Factors will be deemed ineligible for review by the Technical Evaluation Panel

(TEP).

12. Single Audit Requirement. Through September 30, 2024, all applicants who have expended $750,000 or more in Federal financial assistance within a single year (program or fiscal year) must be audited in accordance with the requirements as established in 2 CFR Part 200.501. Applicants that submit an application on or after October 1, 2024 are subject to the 2 CFR 200 modifications which increase the single audit threshold amount to $1,000,000 for the funds that are the subject of that application. Therefore, a successful applicant that receives $1,000,000 or more in Federal financial assistance during a single year which includes funding from this NOFO must set aside funds in its application to complete the audit.

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

Advancing Racial Equity In accordance with Executive Order 13985, Executive Order 14091, Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government, and Federal fair housing and civil rights laws, your application must address the following:

▪ You analyzed the racial composition of the persons or households who are expected to benefit, directly or indirectly, from your proposed award activities;

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

▪ You detailed the steps you will take to prevent, reduce, or eliminate these barriers; and

▪ You have measures in place to track your progress and evaluate the effectiveness of your efforts to advance racial equity in your award activities.

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

This narrative is required and must…