Foa_Content_of_FR-6900-N-21-C.pdf

FR-6900-N-21-C

Applications are due by 11:59PM Eastern Time on 08/21/2025.

Fair Housing and Equal Opportunity

U.S. Department of Housing and Urban Development

Fair Housing Initiatives Program - Private Enforcement Initiative (PEI)

Table Of Contents FR-6900-N-21-C Page 2 of 77

I. BASIC INFORMATION

A. Summary

B. Agency Contact(s)

II. ELIGIBILITY

A. Eligible Applicants

B. Cost Sharing or Matching

III. PROGRAM DESCRIPTION

A. Purpose

B. Goals and Objectives

C. Authority

D. Unallowable Costs

E. Indirect Costs

F. Program History

G. Other Information

IV. APPLICATION CONTENTS AND FORMAT

A. Standard Forms, Assurances, and Certifications 19

B. Budget

C. Narratives and Other Attachments

D. Other Application Content

V. APPLICATION REVIEW INFORMATION

A. Threshold Review

B. Merit Review

C. Risk Review

D. Selection Process

E. Award Notices

VI. SUBMISSION REQUIREMENTS AND

DEADLINES

A. Deadlines

B. Submission Methods

C. Other Submissions

D. False Statements

VII. POST-AWARD REQUIREMENTS AND

ADMINISTRATION

A. Administrative, National and Departmental Policy

Requirements, and General Terms and Conditions

B. Environmental Requirements

C. Remedies for Noncompliance

D. Reporting

VIII. CONTACT AND SUPPORT

A. Agency Contact

B. Grants.gov

C. SAM.gov

D. Debriefing

E. Applicant Experience Survey

F. Other Online Resources

APPENDIX

Appendix I. Definitions

TABLE OF CONTENTS

Before You Begin FR-6900-N-21-C Page 3 of 77

If you believe you are a good candidate for this funding opportunity, register in the appropriate systems now and review the application package. If you are already registered, make sure your registration is active and up-to-date.

SAM.gov Registration You must have an active and up-to-date account with SAM.gov, at the time of application and throughout the life of any award.

To register, go to SAM.gov Entity Registration and click Get Started. From the same page, you can also click on the Entity Registration Checklist for the information you will need to register.

It can take several weeks to register in SAM.gov, so please get started now if you are planning to apply. SAM.gov also provides each organization with a unique entity identifier (UEI). A valid UEI is required to apply for funding.

Grants.gov Registration You must have an active Grants.gov registration. This requires a Login.gov registration as well. See step-by-step instructions at the Grants .gov Quick Start Guide for Applicants. You must apply for funding using Grants.gov, unless HUD has approved your waiver request.

See Section VI.B. Submission Methods.

Find the Application Package Use the Grants Search at Grants.gov and search for opportunity number FR-6900-N-21-C .

The application package has all the online forms you need to apply. You also need to access the Download Instructions link and review the content before you apply.

If you have other technical difficulties using Grants.gov, access the Support Center on Grants.gov for assistance.

To get updates on changes to this notice of funding opportunity (NOFO), click Subscribe from the View Grant Opportunity page for this NOFO on Grants.gov.

Application Deadline Applications are due by 11:59PM Eastern Time on 08/21/2025.

HUD Listserv If you are interested in email notices about upcoming funding opportunities, subscribe to HUD’s Funding Opportunities listserv.

Note: To help you find what you need, this NOFO uses internal links. In Adobe Reader, you can go back to where you were by pressing Alt + Left Arrow (Windows) or Command + Left Arrow (Mac) on your keyboard.

BEFORE YOU BEGIN

https://sam.gov/ https://sam.gov/content/entity-registration https://sam.gov/ https://sam.gov/ https://grants.gov/ https://login.gov https://www.grants.gov/quick-start-guide/applicants https://grants.gov/ https://grants.gov/ https://Grants.gov https://grants.gov/ https://grants.gov/ https://www.hud.gov/subscribe/signup?listname=HUD%20Funding%20Opportunities&list=HUD-FUNDING-OPPORTUNITIES-L https://www.hud.gov/subscribe/signup?listname=HUD%20Funding%20Opportunities&list=HUD-FUNDING-OPPORTUNITIES-L

I. Basic Information

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and Support

Appendix

I. BASIC INFORMATION

I. Basic Information

A. Summary

B. Agency Contact(s)

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

I. Basic Information FR-6900-N-21-C Page 5 of 77

I. BASIC INFORMATION See Contact and Support section of this NOFO.

A. Summary Federal Agency Name:

United States Department of Housing and Urban Development (HUD) HUD Program Office:

Fair Housing and Equal Opportunity Announcement Type:

Initial Program Type:

Discretionary Paperwork Reduction Act Information:

2529-0033 Due Date for Intergovernmental Review:

See Section VI.C.1.

1. NOFO Summary FHIP's Private Enforcement Initiative (PEI) provides competitive awards to eligible private, non-profit fair housing enforcement organizations, to conduct testing and other investigative activities to enforce the rights granted under the Fair Housing Act, and

Key Facts Opportunity Name:

Fair Housing Initiatives Program - Private Enforcement Initiative (PEI) Opportunity Number:

FR-6900-N-21-C

Federal Assistance Listing:

14.418

Key Dates Application Due Date:

11:59:59 PM Eastern Time on:

08/21/2025 Anticipated Award Date:

09/25/2025 Estimated Performance Period Start Date:

11/01/2025 Estimated Performance Period End Date:

11/01/2028

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

I. Basic Information FR-6900-N-21-C Page 6 of 77

State or local laws with equivalent rights and remedies. This NOFO announces the availability of approximately $10,116,793 to fund new FY2024 grant awards of up to $425,000 per year for three years, with future years' award funding subject to future appropriations.

PEI is one of several FHIP initiatives, and supports enforcement, education, and outreach activities to prevent or eliminate discriminatory housing practices prohibited by the Fair Housing Act.

2. Funding Details Type of Funding Instrument G (Grant) Available Funds Funding of approximately $10,116,793 is available through this NOFO.

Additional funds may become available for award. Use of these funds is subject to statutory constraints. All awards are subject to the selection process contained in this NOFO.

The remaining amount of approximately $31,783,207 in FY2024 appropriations for PEI is allocated to fund continuing FY2023 (second year) and FY2022 (third year) grantees outside of this NOFO. The maximum funding amount for all second year FY2023 and third year FY2022 PEI-MY grantees is $425,000.

For new PEI awards: the Minimum Award Amount is $100,000 Per Project Period and the Maximum Award Amount is $425,000 Per Project Period Number of Awards HUD expects to make approximately 24 awards from the funds available under this NOFO.

Length of Performance Period:

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

The total award period of performance is 36 months (3 years), consisting of three separate consecutive 12-month project periods, with funding of subsequent periods of performance contingent upon future appropriations. Grantees must expend funds within the specific time periods and for the purposes established in annual negotiations.

B. Agency Contact(s) See Contact and Support section of this NOFO.

II. ELIGIBILITY

II. Eligibility

A. Eligible Applicants

B. Cost Sharing or Matching

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility FR-6900-N-21-C Page 8 of 77

II. ELIGIBILITY

You are invited to apply if your organization is an eligible entity type and meets the funding conditions included in the NOFO. HUD will review applications from eligible applicants using the criteria in Section V. of this NOFO.

A. Eligible Applicants

1. Eligible Entity Types:

25 (Others (see text field entitled "Additional Information on Eligibility" for clarification)) Additional Information on Eligibility Faith-based organizations may apply on the same basis as any other organization. HUD does not engage in any unlawful and improper conduct, policies, or practices that target faith-based organizations.

Individuals are ineligible applicants.

a. Eligible Entities. You must be either:

• Qualified Fair Housing Enforcement Organization (QFHO) with at least two years of experience in complaint intake, complaint investigation, testing for fair housing violations, and enforcement related experience of meritorious claims in the three years prior to filing this application; or

• Fair Housing Enforcement Organization (FHO) with at least one year of experience in the enforcement-related activities listed above during the two years prior to the filing of the application.

A parent organization that is a QFHO or an FHO with a separate Employer Identification Number does not mean that an affiliate organization automatically gets QFHO or FHO status.

Instead, we will determine if the affiliate organization has the requisite experience, independent of the parent organization.

You must complete Appendix B, Certification for PEI Applicants, to certify QFHO or FHO status.

If your organization does not currently qualify as a QFHO or FHO (see 24 CFR §§ 125.103 and 125.401), you may be eligible to apply under the FHIP Education and Outreach Initiative (EOI)(FR-6900-N-21-A), Tester Coordinator Training (FR-6900-N-71-A), and/or Fair Housing Organizations Initiative (FHOI) (FR-6900-N-21-B) NOFOs. Please see each NOFO for specific eligibility requirements. If an applicant applies for both a PEI and FHOI Continuing Development Component grant and receives an award for both, HUD will rescind funding for the FHOI-CDC will if the activities for both awards are exactly alike or substantially similar.

Co-applicants or members of a consortium are not eligible applicants under this NOFO.

Additional Eligibility Requirements:

b. Current or Pending 501(c)(3) Tax-Exempt Organizations Applicants must be a 501(c)(3) tax-exempt organization or have a 501(c)(3) application https://www.ecfr.gov/current/title-24/part-5/appendix-Appendix%20A%20to%20Subpart%20A%20of%20Part%205 https://www.federalregister.gov/documents/2025/02/12/2025-02611/eradicating-anti-christian-bias https://www.federalregister.gov/documents/2025/02/12/2025-02611/eradicating-anti-christian-bias https://www.federalregister.gov/documents/2025/02/12/2025-02611/eradicating-anti-christian-bias

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V. Application Review

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Administration

VIII. Contact and

II. Eligibility FR-6900-N-21-C Page 9 of 77 pending prior to the application deadline date. And you must maintain 501(c)(3) status throughout the period of performance. Applications must include the IRS report showing 501(c)(3) status or pending application status. See Application Contents, IV.A.

If your organization has a pending 501(c)(3) application and is selected for an award, your 501(c)(3) application/renewal must be approved prior to release of funding. If the pending application is denied, HUD will rescind award selection.

c. Organization does all listed eligible enforcement activities, see III.G.1.

2. Restrictions

a. Statutory and Regulatory Requirements Affecting Eligibility You must comply with the current General Statutory and Regulatory Requirements Affecting Eligibility for HUD’s Competitive Programs. HUD will review your eligibility before issuing an award. As part of this review, HUD uses SAM.gov and Department of Treasury data.

b. Application Eligibility Your application is considered for funding if it satisfies the application review requirements in Section V. of this NOFO.

1. Program restriction on eligibility: Applicant is not a FY2023 or FY2022 PEI recipient; and does not have a parent or affiliate/subsidiary that is a recipient of those awards.

If you received a PEI FY2022 or FY2023 award, you are not eligible for funding under this PEI NOFO. Also, HUD prohibits 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 enforcement organizations able to conduct business on an ongoing basis without support from a parent or its staff to complete proposed program activities and must be set apart from the parent organization.

2. Applicant cannot have received a received a "poor" rating on its most recent performance assessment on any prior FHIP grant within the past year.

If your organization received a "poor" rating on its most recent performance assessment on any prior FHIP grant within the past year, the organization is ineligible for a period of one (1) year.

Exception: 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 to improve future performance.

If your organization receives a "poor" performance rating on another FHIP grant after being selected for an award or after receipt of funding under this NOFO, HUD will rescind all remaining grant funds received under this NOFO, and the organization will remain ineligible for funding for a period of one year, unless it provides evidence as stated above.

3. Additionally, your application must meet the following requirements (explained in detail in the sections referenced in this list):

i. Broad-Based and Full-service Project. Application must demonstrate that you will run a broad-based and full-service project. See Project Beneficiary Requirements, III.G.2.

https://www.hud.gov/stat/cfo/financial-assistance-eligibility-reqs https://www.hud.gov/stat/cfo/financial-assistance-eligibility-reqs https://sam.gov https://www.hud.gov/program_offices/cfo/gmomgmt/grantsinfo/fundingopps/EligibilityRequirements

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II. Eligibility FR-6900-N-21-C Page 10 of 77

ii. Fair Housing Related Activities. All program work and costs within your Statement of Work must be fair housing related activities, with explicit connection to Fair Housing Act or equivalent State or local laws. See Eligible Enforcement Activities, III.G.1.

iii. Fair Housing Act Protected Classes. Your project must address housing discrimination based on all protected classes. See Project Beneficiary Requirements, III.G.2.

iv. Request within Minimum/Maximum Award Limits. The application will be ineligible if the applicant requests funding outside the award limits listed at I.A.2., even if due to miscalculations or inconsistencies in the application.

v. Cannot receive more than one award under this PEI NOFO. This restriction includes organizations with separate EIN’s that apply separately for funding under but identify more than one of the same direct personnel and/or key staff for both organizations (i.e. key staff sharing).

c. Ineligible Applicants HUD will not evaluate applications from ineligible applicants, including those that do not meet the threshold review requirements (V.A.), eligible entity requirements (II.A.), and statutory and regulatory requirements (III.A.2).

Individuals, Co-applicants and consortia are not eligible applicants under this NOFO.

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

If your application budget includes cost sharing or matching, you will be required to provide those projected funds if selected.

https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(Cost%20sharing%20or%20matching)

III. PROGRAM DESCRIPTION

III. Program Description

A. Purpose

B. Goals and Objectives

C. Authority

D. Unallowable Costs

E. Indirect Costs

F. Program History

G. Other Information

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

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Format

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Information

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Administration

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III. Program Description FR-6900-N-21-C Page 12 of 77

III. PROGRAM DESCRIPTION

A. Purpose Congress amended the Fair Housing Act in 1988 to establish the Fair Housing Initiatives Program (FHIP) with a purpose of providing funding to entities to work alongside HUD to “prevent or eliminate discriminatory housing practices” 42 USC § 3616a(a). FHIP provides funds to eligible organizations through competitive grants under three initiatives: the Fair Housing Organization Initiative (FHOI), the Private Enforcement Initiative (PEI), and the Education and Outreach Initiative (EOI).

The purpose of the Private Enforcement Initiative is to provide multi-year grants to a nation-wide network of eligible fair housing enforcement organizations to conduct testing, investigate violations, and enforce the Fair Housing Act and equivalent State and local laws that provide rights and remedies for alleged discriminatory housing practices.

B. Goals and Objectives The program goal is to increase and/or enhance fair housing enforcement related activities in communities throughout the nation so that everyone has access to quality, affordable housing.

C. Authority FHIP is authorized by the Fair Housing Act, as amended by section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a). The Private Enforcement Initiative is specially authorized under 42 U.S.C. 3616a(b). The FHIP implementing regulations are found at 24 CFR part 125 and PEI is outlined at Section 125.401.

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

D. Unallowable Costs Recipients may only use funding awarded under this grant for the specific activities included in the application submitted under this PEI NOFO only. Funded applicants may not co-mingle funds to support other FHIP grant activities.

Additionally, recipients may only use funds for allowable costs, as defined in 2 CFR 200.403 and further detailed in the Terms and Conditions, such as costs necessary and reasonable to carry out eligible activities. See 2 CFR 200 Subpart E for detailed rules on cost principles Please also review Budget Requirements and Restrictions, III.G.3.

E. Indirect Costs If you expect to charge indirect costs to the award, submit the Indirect Cost Rate Certification form (HUD-426) with your application.

1. Indirect Costs Indirect costs are costs incurred for common or joint purposes, such as general overhead and costs of general management, oversight, and coordination. These costs benefit more than https://www.govinfo.gov/content/pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap45-subchapI-sec3616a.pdf https://www.govinfo.gov/content/pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap45-subchapI-sec3616a.pdf https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-125 https://www.congress.gov/bill/118th-congress/house-bill/4366/text https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(Indirect%20cost)

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III. Program Description FR-6900-N-21-C Page 13 of 77 one cost objective and cannot be readily identified with a particular final cost objective without effort disproportionate to the results achieved. Examples of indirect costs:

• Fiscal tracking of grants funds.

• Accounting staff wages and benefits.

• Depreciation of office equipment, general insurance, and general office supplies incurred for common or joint purposes.

One hundred percent of the salaries and fringe benefits related to general management or oversight functions serving a common or joint purpose are indirect costs. Salaries and benefits related to implementing your project or program elements of your grant agreement are direct costs.

2. Direct Costs As defined in 2 CFR 200.413, direct costs are those that can be identified specifically with a particular final cost objective, such as a federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. You will need to specify costs in your Budget Narrative and Budget Worksheet, Rating Factor 3.

Salaries and fringe benefits related to the implementation of the project or program element of the grant agreement are not considered administrative costs. For example, the salaries and fringe benefits for technical staff to conduct work to accomplish specific Fair Housing goals outlined in the program are not administrative costs.

Examples of direct costs usually chargeable to FHIP grants include:

• Compensation of employees for the time devoted specifically to award performance and associated fringe benefits.

• Materials bought, consumed, or spent specifically for the award.

• Equipment necessary to carry out the award.

• Travel expenses necessary to carry out the award.

• Translation and interpretation necessary to carry out the award.

• Information technology systems and services necessary to carry out the award.

• Litigation costs, such as costs of gathering evidence, necessary to carry out the award.

• Reasonable transportation costs, such as public transportation passes, to support a client’s ability to take part in eligible services.

• Professional licensing fees, professional liability insurance, and professional development costs, such as conference and travel costs or training in eligible services or skills, necessary to carry out the award.

• Outreach, educational, and marketing materials to carry out the award.

You may use FHIP funds for the lease or rental of space for eligible activities if each of the following conditions is met:

II. Eligibility III. Program Description

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III. Program Description FR-6900-N-21-C Page 14 of 77

1. The lease must be for existing facilities not requiring rehabilitation or construction except for minimal alterations to make the facilities accessible to and usable by individuals with disabilities;

2. no repairs or renovations of the property may be undertaken with grant funds; and

3. properties in the Coastal Barrier Resources System designated under the Coastal Barrier Resources Act (16 U.S.C. 3501) cannot be leased or rented with federal funds.

Administrative and clerical staff salaries may be treated as direct costs if each of the following conditions are met:

1. Administrative or clerical services are integral to Eligible Legal Assistance Activities and Services (Section III.F.), such as conducting work with tenants, coordinating with other organizations serving tenants, or maintaining client files;

2. Individuals involved can be specifically identified with the activity;

3. Such costs are explicitly included in the budget or have the prior written approval of HUD; and

4. The costs are not also charged as indirect costs.

F. Program History Congress determined in 1987, and affirmed each year since then through appropriations, that HUD can only achieve its fair housing mission and obligations with support to a network of organizations helping to educate and enforce fair housing rights. Initially a demonstration program, Congress made it permanent in 1992 through the Housing and Community Development Act of 1992. The program was expanded in 1992 to address building capacity in unserved areas, establish a national media campaign, and fund a National Fair Housing Month.

1. Changes to the previously published FY2024 FHIP PEI NOFO FHEO published four FY24 FHIP NOFOs in September 2024. The NOFOs closed in November 2024. FHEO is re-competing all FY24 grants. This FY24 NOFO has been revised to implement current Administration Executive Orders and HUD-wide changes to grantmaking. If you submitted an application in November, please review changes to this NOFO, then revise and resubmit your application

• Program goals are no longer tied to HUD’s Strategic Plan for FY 2022–26. See III.B.

• Applicants no longer need to submit narratives on Advancing Racial Equity and Experience Promoting Racial Equity and those topics are not considered in merit review or funding decisions. See IV.C. and V.B.

• Requirements to Advance Racial Equity were removed from performance requirements, See VII.A., Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards.

• HUD simplified and reorganized its agency-wide NOFO Template, so you will notice

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III. Program Description FR-6900-N-21-C Page 15 of 77 information in different places than before and some information linked externally.

2. Changes from FY2023 FHIP PEI NOFO Criminal background checks are no longer required for fair housing testers Recipients no longer need to conduct criminal background checks of fair housing testers, due to the amendment to 24 CFR §125.107, effective May 3, 2024. However, reasonable costs associated with criminal background checks for fair housing testers are an allowable budget expense. All other requirements of 24 CFR §125.107 remain applicable.

G. Other Information

1. Eligible Enforcement Activities Recipients must use PEI funds to conduct “investigations of violations of the [Fair Housing Act and equivalent State and local laws] and such enforcement activities as appropriate to remedy such violations.” And to “remedy discrimination in the public and private real estate markets and real-estate related transactions, including, but not limited to the making or purchasing of loans or the provision of other financial assistance sales and rentals of housing and housing advertising.” 42 USC § 3616a(b)(2).

Eligible fair housing activities for proposed projects [as outlined in the Fair Housing Act] may include:

• intake of allegations of housing discrimination;

• referrals of allegations of housing discrimination;

• complainant counseling, advocacy, or other assistance designed to enforce housing discrimination laws;

• investigate allegations of housing discrimination with activities such as:

• systemic housing investigations,

• testing, including training, test coordination, and evaluation of testing results to uncover evidence of housing discrimination, and

• other investigative methods designed to uncover housing discrimination;

• increasing “housing investigative activities in unserved or underserved areas;”

• mediation or other voluntary resolution of allegations of housing discrimination; and

• enforcement activities of meritorious claims, including litigation and procuring expert witnesses.

All work and costs within the Statement of Work and budget must involve conduct prohibited by, or rights protected under the Fair Housing Act and /or equivalent State or local laws. Your application must demonstrate an explicit connection to these Fair Housing laws.

Projects aimed solely at research or data gathering are not eligible activities. 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 and the OMB under the Paperwork Reduction Act before the application submission, or the activity is

II. Eligibility III. Program Description

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III. Program Description FR-6900-N-21-C Page 16 of 77 deemed ineligible Modifications to Statement of Work. HUD will allow applicants under this NOFO to modify their activities in the second or third year with approval of the Government Technical Representative (GTR) and Government Technical Monitor (GTM) based upon changing area demographics and/or needs. All applicants must review Appendix II for guidance on the format that should be used to list the applicant's proposed tasks/activities.

2. Project Beneficiary Requirements

a. Broad Based and Full-Service Project You must demonstrate in your application that you will run a broad-based and full-service project (as defined under Appendix I.B., Program definitions). If you have income or other restrictions for services, you must identify the restriction(s) and describe how individuals who fall outside the restrictions will be equally served.

b. Fair Housing Act Protected Classes Your project must address all types of housing discrimination based on race, color, religion, sex, disability, familial status, and national origin and further the Fair Housing Act. Your services and activities must reflect your organization’s commitment to enforce fair housing laws on behalf of all protected classes.

3. Budget Requirements & Restrictions

a. Retainer Fees FHIP recipients are under specific restrictions regarding establishment of retainer agreements and recovery of legal fees from HUD-funded cases. Data on fees, settlements, and verdicts are matters of public record. Awardees must provide this information to HUD annually.

Neither the grantee nor the individual(s) on whose behalf any action is filed can request that HUD waive these provisions.

b. Training Funds

i. Your proposed budget must set aside exactly $7,500 annually to participate in HUD sponsored training. In addition, the $7,500 in annual training funds must either be expended, or the grantee must have a clearly established plan to expend the funds, by the end of the third quarter of the grant period of performance. HUD reserves the right to require the return of any training funds not expended or subject to a clearly established plan for expenditure by the third quarter of the grant period of performance.

ii. If you are awarded more than one FHIP grant (under more than one initiative and/or component), HUD reserves the right to examine the requested training needs. If additional training funds are not needed, HUD reserves the right to transfer funds back to fair housing activities during negotiations. Failure to use the funds for training and/or fair housing activities will result in the grantee returning funds to HUD.

iii. If you receive more than two FY2024 awards, you cannot set aside more than $15,000 per year during the grant period of performance for training purposes. The GTR/GTM will reduce any training budget of more than $15,000 per annum for a single

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III. Program Description FR-6900-N-21-C Page 17 of 77 grantee with multiple awards during negotiations, and the excess funds transferred back to fair housing activities.

c. Limitations for Education and Outreach A limit of up to fifteen percent (15%) of the total dollar amount awarded is allowed for education and outreach related activities that support fair housing enforcement. If the limit is exceeded, points will be deducted in the rating process, and if the applicant is awarded, funds will be adjusted to comply with the limitation.

IV. APPLICATION CONTENTS AND

FORMAT

IV. Application Contents and Forms

A. Standard Forms, Assurances, and Certifications

B. Budget

C. Narratives and Non-Form Attachments

D. Other Application Content

II. Eligibility III. Program Description

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Format

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IV. Application Contents and Format FR-6900-N-21-C Page 19 of 77

IV. APPLICATION CONTENTS AND FORMAT

Applications must include three main elements: a) standard forms, assurances, and certifications; b) budget; and c) narratives and other attachments. The content, forms, and format for each element are included in this section.

You may use this section as a checklist to ensure you submit a complete application.

If you don’t provide the required documents in the correct format, your application is incomplete.

Do not submit password protected or encrypted files.

Per each Rating Factor, 10 pages is the total maximum length of all narratives.

Double spaced 12-point Times New Roman font on letter sized paper (8 1/2 x 11 inches) with at least 1-inch margins on all sides.

Narratives for Rating Factors 1, 2 and 4 are limited to 10 pages each, except as otherwise specified. There is no page limit for Rating Factor 3.

A. Standard Forms, Assurances, and Certifications You must properly complete and submit with your application the standard forms, assurances, and certifications identified below. You can find all forms in the application package or review them and their instructions at Grants.gov Forms. You can also read more about standard forms on HUD’s Funding Opportunities page.

Forms/Assurances/ Certifications Submission Requirement Notes/Description

Application for Federal Assistance (SF-424) Required with the application

Page limit: Not applicable File name: SF-424

Applicant and Recipient Assurances and Certifications

(HUD 424-B)

Required with the application Page limit: Not applicable File name: HUD-424B

Applicant/Recipient Required with the application Page limit: Not applicable

Element Submission Form

Standard Forms, Assurances, and Certifications Upload using each required form.

Budget Use the required budget form.

Narratives and Other Attachments Insert each in the Attachments form.

https://www.grants.gov/forms https://www.hud.gov/sites/dfiles/CFO/images/Standard-Application-Forms.pdf https://www.hud.gov/sites/dfiles/CFO/images/Standard-Application-Forms.pdf

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Forms/Assurances/ Certifications Submission Requirement Notes/Description

Disclosure/Update Report

(HUD 2880)

File name: HUD-2880

Certification Regarding Lobbying

If applicable, required with the application

Page limit: Not applicable File name: Lobbying Certification form

Disclosure of Lobbying Activities (SF-LLL) Required with the application

Page limit: Not applicable File name: SF-LLL

Certification for a Drug-Free Workplace (HUD-50070)

If applicable, required with the application

Page limit: Not applicable File name: HUD-50070

Certification of Consistency with Promise Zone Goals and Implementation (HUD-50153)

If applicable, required with the application

Page limit: Not applicable File name: HUD-50153 Form location: download instructions

Certification for Opportunity Zone Preference Points (HUD 2996)

If applicable, required with the application

Page limit: Not applicable File name: HUD-2996 Form location:

B. Budget You must submit a budget with your application to support your project narrative. At a minimum, your budget must indicate direct and any indirect costs.

You must also submit form HUD-426, based on the requirements in Section III.E. of this

NOFO.

Inconsistencies in the Requested Amount or Miscalculations. If your application has inconsistent funding requests or miscalculations, the amount stated on the SF-424 will be deemed the controlling amount for purposes of determining the funding amount if selected for an award.

Ensure requested amount is within Minimum/Maximum Award Limits, listed at I.A.2. If you request an amount exceeding the funding cap your application will be deemed ineligible.

Please ensure that you review budget requirements and restrictions (III.G.3) and unallowable costs (III.D.) in preparing your budget.

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Budget Form/Document Submission Requirement Notes/Description

Grant Application Detailed Budget Worksheet (HUD-424-

CBW)

Required with the application

Page limit: Not applicable File name: HUD-424CBW Form location: download instructions

Indirect Cost Information Certification (HUD-426)

If applicable, this document is required with the application and after award

Page limit: Not applicable File name: ICR Doc.

Form location: download instructions

C. Narratives and Other Attachments If applicable, you must upload narrative and other attachments in Grants.gov using the Attachments Form. When using the Attachments Form, you can upload PDF, Word or Excel formats.

Document Submission Requirement Notes/Description

Response to Rating Factors Required with the application See Section V.B File name:

Minority Serving Institutions Preference Points – Documentation

If applicable, this document is required with the application

Page limit: Not applicable File name: HBCU Doc

HBCU Preference Points – Documentation

If applicable, this document is required with the application

Page limit: Not applicable File name: HBCU Doc

Nonprofit Status – Documentation

If applicable, this document is required with the application

Page limit: Not applicable File Name: Code Acceptable Content

Code of Conduct If not included in HUD’s eLibrary, this document is required with the application

Page limit: Not applicable File name: Code Acceptable Content

Project Abstract Required with the application Use Appendix C format to submit (note character limits).

https://grants.gov https://www.hud.gov/hud-partners/grants-code-of-conduct https://www.hud.gov/hud-partners/grants-code-of-conduct https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conductgrants

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Document Submission Requirement Notes/Description

Statement of Work Chart Required with the Application and for each year of funding

See Appendix A for a sample chart.

PEI Eligibility Certification Required with the Application Appendix B

D. Other Application Content Successful applicants must negotiate a statement of work and budget prior to the issuance of a formal award.

V. APPLICATION REVIEW

INFORMATION

V. Application Review Information

A. Threshold Review

B. Merit Review

C. Risk Review

D. Selection Process

E. Award Notices

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V. APPLICATION REVIEW INFORMATION

A. Threshold Review HUD reviews each application to make sure it meets the following threshold requirements. If you meet all threshold requirements, your application will advance to a merit review. If you fail to meet one or more threshold requirements, your application is not eligible for HUD funding.

1. Eligible Applicant You must meet the applicant eligibility criteria in this NOFO. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

2. Resolution of Civil Rights Matters Applicants with outstanding, unresolved judgments against them for violations of civil rights laws must resolve those judgments before the application submission deadline or the applicant will be deemed ineligible.

a. An applicant is ineligible for funding if the applicant has received notice of a judgment imposed against them for violations of:

1. the Fair Housing Act or a substantially equivalent state or local fair housing law for discrimination because of race, color, religion, sex, national origin, disability or familial status; or

2. 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, or the Violence Against Women Act or substantially equivalent state or local laws.

b. HUD will determine if actions to resolve the judgment 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; or

5. Current compliance with a final judicial ruling or administrative ruling or decision.

3. Timely Submission of Applications Late applications are not eligible for funding. See deadlines in Section VI of this NOFO.

4. Ineligible Activities. An applicant will not receive funding if more than 50% of their proposed activities are not eligible activities.

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5. Suits Against the United States. Cannot have used FHIP funds to pay expenses for a lawsuit against the United States in the past three years. 24 CFR §125.104(f).

6. Other Litigation. Cannot propose to use funds this NOFO application or have used HUD funds to fund or support the settlement of a claim, satisfy a judgment, or fulfill a court order in any defensive litigation within the last 3 years. 42 U.S.C. §3616a(i).

B. Merit Review HUD expects to evaluate and score your application using the following merit criteria and process.

Merit reviewers evaluate and score all applications that pass the threshold review. Merit reviewers may include Federal and non-Federal persons. Reviewers receive a copy of your application to evaluate and score each application separately.

Merit Review Summary

Minimum Score. To be considered for funding, applications must have a score of at least 75 points from the Technical Evaluation Panel (TEP), not including any preference points.

Use heading to correspond to Rating Factors and Sub-factors to clearly identify your response to each. Information that you wish to be scored must be under the appropriate Rating Factor.

1. Rating Factors Your application must include a response to the following criteria.

An application that includes no narrative responses to any of the four Rating Factors will be deemed ineligible.

Criterion Total number of points = 100 or

Rating Factor 1 Capacity of Applicant and Relevant Organizational Experience

1.1 Description of Staff and Staff Expertise (20)

1.2 Organizational Experience and Capacity (16)

36 points

Rating Factor 2 Need/Distress/Extent of the Problem

1.1 Problem Statement (5)

1.2 Proposed Solution (10)

1.3 Immediacy of Need (2)

1.4 Application of Funding (2)

19 points

Rating Factor 3 Soundness of Approach

3.1 Proposed Statement of Work (SOW) and Information

Requirements (16)

3.2 Budget and Cost Estimates (14)

30 points

Rating Factor 4 Achieving Results and Program Evaluation

4.1 Measurement (5)

4.2 Evaluation (10)

15 points

Preference Points [MSI (2); Promise Zone (2); Opportunity Zone (2)] An applicant can be awarded only up to a maximum of four preference points per application.

4 points

Total 104 points

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Carefully read Application Contents, IV.C., for instructions on how to develop your Narrative Response to these Rating Factors. Each Rating Factor prompt describes the criteria we will use to evaluate your response to that Rating Factor and Sub-Factor. Reviewers will also consider whether your responses are complete, clearly articulated, and well-supported.

We score each Rating Factor independently, so please follow the organization of these Rating Factors.

Rating Factors Details

Criterion Max points = 100

Rating Factor 1 Capacity of Applicant and Relevant Organizational Experience Address the extent to which your organization has the staff experience and organizational capacity necessary to successfully complete the proposed project. Applicants without the requisite experience may consider applying for a FHIP Fair Housing Organizations Initiative grant to improve capacity and gain the experience for PEI.

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

36 max points

Sub-Factor 1.1. Description of Staff and Staff Expertise, Sub-Total: 20 Applications that earn maximum points will fully demonstrate the organization has:

1.1.a. Up to 6 points

• a complete and effective staffing plan and sufficient and sufficiently qualified staff, including maintaining current staff and adding proposed consultants and/or contractors, if applicable, during the period of performance to successfully implement and complete the proposed project.

• more than two current key staff members with fair housing related experience.

• the ability to implement its project without reliance on another organization or their key staff.

• if applicant’s staff performs activities in any capacity on other FHIP grants for or

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Criterion Max points = 100 shares staff with other organizations, provided a list or chart [that will not count toward the rating factor page limit] which includes the name of the organization sharing activities, the staff members, and the role of and amount of time each staff member devotes to all FHIP related activities that the organization is undertaking as a grantee, subgrantee, affiliate, contractor, consultant, or in any other capacity.

1.1.b. Up to 6 points

• Identified each staff member assigned to the project and the estimated percentage of time each will dedicate.

• Identified a dedicated Project Manager currently on staff who will devote at least 25% of their time to the project throughout the entire period of performance.

• If applicable, provided a plan to effectively oversee and evaluate the performance of contractors.

• Stated whether the applicant is applying for multiple grants and/or has other FHIP grants from FY2020 to the present, and if applicable, provided a plan for how applicant and its staff will manage time on multiple FHIP grants to meet all performance requirements.

• If applicable, provided the following information in a list or chart which will not count toward rating factor page limit: identified all FHIP grant awards from FY2020 to the present and each staff person assigned to the projects, including name, position and percentage of time devoted to those project(s). Staff time and effort under each Initiative/Component must represent time and effort over the entire grant period of performance. If a staff person's time on multiple FHIP grants will exceed 100% for a period of time because of overlapping grant periods, please explain how that person's time will be allocated during the overlapping period to not exceed 100%. If applicant has no FHIP grants from FY2020 to present and is not currently applying for any other FHIP grants, applicant should state this.

1.1.c. Up to 4 points

• Described each key staff’s experience relevant to their proposed project position such as in enforcement activities, fair housing or other training, or disseminating information to the community; and described how the staff members’ experience will contribute to the success of the project.

• For proposed hires and/or consultants/contractors,…