FR-6500-N-33 FY21 CHC NOFO 2021-09-14.pdf

U.S. Department of Housing and Urban Development

Office of Housing

Notice of Funding Opportunity (NOFO) for the Department's Fiscal Year 2021 Comprehensive Housing Counseling Grant Program

FR-6500-N-33

10/14/2021

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. Obtaining an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Statutory and Administrative, National and Department Requirements for HUD Recipients

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Office of Housing Funding Opportunity Title:

Notice of Funding Opportunity (NOFO) for the Department's Fiscal Year 2021 Comprehensive Housing Counseling Grant Program Funding Opportunity Number:

FR-6500-N-33

Primary CFDA Number:

14.169 Due Date for Applications:

10/14/2021 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. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII.

Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, 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. Each NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2502-0261

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose

a. Program Description. The purpose of HUD’s Comprehensive Housing Counseling (CHC) Grant Program is to provide funds to HUD-approved housing counseling agencies that provide counseling and advice to tenants and homeowners, with respect to property maintenance, financial management and literacy, and other matters as may be appropriate to assist program clients in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership. This NOFO plays an integral role in helping individuals and families obtain housing and stay in their homes through responsible homeownership or affordable rental housing. Housing counseling agencies are an important safeguard in the prevention of housing scams and discrimination and serve as an important gateway to local, state, federal, and private housing assistance and resources.

b. Objectives and Priorities of this NOFO. The objectives and priorities of this NOFO include but are not limited to:

1. Distributing federal financial support to eligible housing counseling agencies to enable them to provide quality services to consumers to address their housing and financial needs.

2. Distributing federal financial support to eligible Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and other Minority Serving Institutions (MSI) to provide quality services to consumers to address their housing and financial needs.

3. Distributing federal financial support to eligible housing counseling agencies based on past performance.

4. Reducing the costs to program participants when applying for and reporting on HUD funding while maintaining accountability for federal funds.

5. Leveraging external resources and funding to increase the sustainability of quality housing counseling programs.

6. Supporting the housing counseling industry in implementing counselor certification to increase the quality, consistency, and effectiveness of housing counseling.

7. Ensuring distribution of funding amounts for rural areas with low levels of access to housing counseling services.

8. Providing housing counseling services to traditionally underserved populations, such as people of color, seniors, veterans, persons with disabilities, and persons with limited English proficiency.

2. Changes from Previous NOFO.

Two-Year NOFO. One Competition Distributes Subsequent Year Funding if Available.

HUD will use the grant applications received for FY 2021 and the corresponding scores to make awards for FY 2022, subject to the availability of appropriations. HUD will contact eligible FY 2021 grantees to determine their interest in FY 2022 funds if available. HUD also reserves the right to issue a supplemental comprehensive housing counseling NOFO in FY 2022, which may be limited to new applicants or to provide support for a specific housing counseling activity.

Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and Minority Serving Institutions (MSI). HUD will provide increased financial support to eligible HUD-approved housing counseling agencies that demonstrate their status as an HBCU or other MSI and/or to HUD-approved housing counseling agencies partnering with HBCUs and MSIs.

Changes to Eligibility Information. Applicants and Subgrantees are prohibited from applying for or receiving FY 2021 CHC Program grant funding from multiple sources. For example, applying for funding under this NOFO as both a direct Grantee (e.g. a Local Housing Counseling Agency (LHCA)) and as a Subgrantee of an Intermediary or SHFA is prohibited. Likewise, applying for funding under this NOFO as a Subgrantee of two different Intermediaries or as a Subgrantee of an Intermediary and as a Subgrantee of an SHFA is prohibited. There are no exceptions to this requirement.

Changes to the Minimum Fundable Score. For FY 2021, HUD anticipates making awards to all Applicants scoring 75 points or greater.

Change to the Period of Performance. The period of performance for grants awarded under this program is April 1, 2021, through September 30, 2022.

Changes to the Application Package.

1. Leveraging. Any Applicant with leveraged resources must complete Chart B: Leveraged Resources (Excel). Applicants will no longer be required to transfer their total leveraging to form HUD-9906 (PDF). (Note: Unless otherwise specified, the term “Form HUD- 9906” refers to form HUD-9906-L for LHCA Applicants and to form HUD-9906-P for Intermediary/SHFA/MSO Applicants).

2. Total Program Expenses. There is a new Chart E: Use of Funds (Excel). All Applicants must document their total housing counseling program expenses using this chart.

3. Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and other Minority Serving Institutions (MSI). There is a new Chart F.

This Chart only needs to be completed by Applicants requesting funds dedicated for HBCUs and other MSIs (and partnerships therewith).

Changes to Preference Points.

1. Applicants do not have to reach a fundable score to be awarded preference points.

2. There are no longer preference points for “Emergency Preparedness/Disaster

Recovery.” Points for “Emergency Preparedness/Disaster Recovery” will be considered in Rating Factor 2.

Changes to the Funding Methodology and Rating Factor.

1. Funding to Support a Network. HUD may augment an Applicant’s award for oversight and quality control activities. The bonus will be capped at the lesser of a) five reviews or

b) 50% or less of the Applicants funded network.

3. Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that 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 opportunity, 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 of a program participant’s activities and programs relating to housing and urban development.

Assistance Listings means a unique number assigned to identify a Federal Assistance Listing, formerly known as the CFDA Number.

Federal Financial Assistance means assistance that entities received or administer in the form of:

1) Grant;

2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a));

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

10. Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds.

b. Federal Financial Assistancedoes not include:

1. Technical assistance, which provides services in lieu of money; and

2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant.

Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424.

Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 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 in 2 CFR 200.1.

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.

Curable Deficiencies 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.

Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline.

Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number

System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DUNS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers.

E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization.

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.)

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

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

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

ii. 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, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

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

4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

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.

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.

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

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

Promise Zones (PZs) are high poverty communities 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.

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.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or 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.{e-CFR Title 13-Chapter I – 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 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 for a Federal awarding agency.

System for Award Management (SAM) means 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 https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 athttps://www.sam.gov/SAM/. There is no cost to use SAM.

Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility.

Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities.

4. Program Definitions Program specific definitions are available in Appendix A, Definitions.

B. Authority.

HUD's Housing Counseling Program is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701x) (Section 106) and Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. § 3533) as amended. The Housing Counseling Program regulations are codified at 24 C.F.R. Part 214. The Home Equity Conversion Mortgage Program (HECM) is authorized by Section 255 of the National Housing Act (12 U.S.C. § 1715z- 20), and its regulations are codified at 24 C.F.R. Part 206. Funding for this program is provided by the Consolidated Appropriations Act, 2021 (Public. Law 116-260, approved December 27, 2020).

II. Award Information.

A. Available Funds Funding of approximately $ 51,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

$3,000,000 of the approximately $51,000,000 will be for HUD-approved housing counseling agencies that are HBCUs or other MSIs and/or for HUD-approved housing counseling agencies that partner with an HBCU or other MSI to provide counseling and group education.

One Competition Distributes Subsequent Year Funding if Available. HUD will use the grant applications received for FY 2021 and the corresponding scores to make awards for FY 2022, subject to the availability of appropriations. HUD will contact eligible FY 2021 grantees to determine their interest in FY 2022 funds if available. HUD also reserves the right to issue a supplemental comprehensive housing counseling NOFO in FY 2022, which may be limited to new applicants or to provide support for a specific housing counseling activity.

B. Number of Awards.

HUD expects to make approximately 250 awards from the funds available under this NOFO.

The number of awards under this NOFO will depend on the number of eligible applicants and other factors. For information on the methodology used to make award determinations under this NOFO, see Section V.B.

https://www.sam.gov/SAM/

C. Minimum/Maximum Award Information

1. Total Grant Request. Applicants are not required to request a specific award amount, nor provide a proposed budget for a grant amount but should enter a response of $1.00 in line 18a of the SF-424, Application for Federal Assistance.

2. Award Adjustments. Once Applicants are selected for award, HUD will determine the total amount to be awarded to each grantee. HUD reserves the right to adjust funding levels for each grantee.

3. Minimum and Maximum Award Amounts. Applicants may indicate a maximum grant request that will be considered as a cap in establishing the maximum Comprehensive Housing Counseling award, up to $3 million.

HBCU and other MSI funds will be awarded to HUD-approved housing counseling agencies in addition to the maximum award amount.

Estimated Total Funding:

$ 51,000,000 Minimum Award Amount:

$ 1 Per Project Period

Maximum Award Amount:

$ 3,000,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

04/01/2021 Estimated Project End Date:

09/30/2022 Length of Project Periods:

18-month project period and budget period

Length of Periods Explanation of Other:

The initial period of performance for grants awarded under this program will be for a period of 18 months. For planning purposes, Applicants should assume that the period of performance is April 1, 2021 through September 30, 2022.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) HUD will use a cost reimbursement Grant Agreement, which means that grantees will receive funding for housing counseling services that were provided prior to a draw request for reimbursement. Grantees may not draw down on an award made through this NOFO until the prior year's award has been fully expended.

III. Eligibility Information.

A. Eligible Applicants.

25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility

1. Eligible applicants must satisfy the following criteria. Applicant must be approved to participate in the HUD Housing Counseling Program prior to the NOFO issue date. In addition, SHFAs are eligible for this NOFO if they possess statutory authority to provide housing counseling throughout their entire state and adhere to all program requirements outlined in 24 CFR Part 214, HUD Handbook 7610.1 Rev-5, and other governing policies and requirements.

2. Limits on Applicants. Applicants and Subgrantees are prohibited from receiving FY 2021 Housing Counseling Program grant funding from multiple sources. For example, receiving funding under this NOFO as both a direct Grantee (e.g. LHCA) and as a Subgrantee of an Intermediary or SHFA is prohibited. Likewise, receiving funding under this NOFO as a Subgrantee of two different Intermediaries/SHFAs is prohibited.

B. Ineligible Applicants.

Applicants that do not meet the criteria of Section III.A. are ineligible.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching, but provides points based on leverage as describe below.

See Rating Factor 4: Leveraging Resources in Section V.A.

D. Threshold Eligibility Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated.

1. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants, who after review are confirmed to have civil rights matters unresolved at the application deadline, will be deemed ineligible. Their applications will receive no further review, will not be rated and ranked, and they will not receive funding.

a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that have not been resolved to HUD’s satisfaction before or on the application deadline date are ineligible for funding. Such matters include:

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, national origin, disability or familial status;

2. Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice 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 https://www.hudexchange.info/programs/housing-counseling/agency-application/ https://www.hudexchange.info/programs/housing-counseling/agency-application/ 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 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; 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 will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

Equal Participation of Faith-Based Organizations in HUD Programs and Activities

F. Program-Specific Requirements.

1. Audits and Investigations. Successful Applicants must provide the most recent audit of financial activities (e.g., a single or program-specific audit required under 2 C.F.R.

§200.501) completed no earlier than fiscal year 2018. All Applicants not required to complete a single or program-specific audit under 2 C.F.R. §200.501 must submit their most recent independent financial audit. HUD will review individual circumstances upon request.

At the time of the NOFO application submission date and thereafter, all Applicants must disclose to HUD the status of active investigations as outlined in 24 CFR § 214.103(c)(3).

HUD may determine that Applicants are not eligible for grant funding based on its review of HUD, HUD Office of Inspector General (OIG), or other government audits or investigations.

2. Client Management System. All Applicants, Branches, and Subgrantees must use a HUD-compliant Client Management System (CMS) that interfaces with HUD’s Housing Counseling System (HCS). HUD will review individual circumstances when an agency is transitioning CMSs.

3. Subgrant Allocation. Applicants that manage networks of counseling agencies must submit a proposed sub-allocation plan indicating how they will divide their HUD CHC Grant funds among their Branches and Subgrantees, based on percentages of the grant rather than dollar amounts (see Form HUD-9906-P, Chart A2, Fields P1 and P2). Only Subgrantees and Branches that provide housing counseling services should be listed.

Subgrantees or Branches that perform only administrative functions should not be listed.

Intermediaries and SHFAs that award subgrants to counseling agencies that are not HUD-approved must ensure that they meet or exceed HUD’s approval standards as outlined in 24 C.F.R. Part 214 and clarified in HUD policy guidance. Further, a Subgrantee cannot be funded at 100% of its budget. During grant execution, Grantees will input this sub-allocation plan into HCS. If, after the grants are awarded, a Grantee would like to change its sub-allocation plan, the Grantee must make a request in writing and provide justification.

4. Subgrant Agreement. Intermediaries and SHFAs that award subgrants must execute subgrant agreements with Subgrantees that delineate the mutual responsibilities for program management, including appropriate time frames for reporting results to HUD and compliance with HUD rules and regulations. These records must meet the data requirements of the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (P.L. 109-282), and must be made available to Subgrantees, Branches, and HUD within 30 days of making the subaward or allocation.

5. Succession and Contingency Plans. Grantees shall make available to HUD, upon request, plans demonstrating how they will ensure continuity of services to consumers.

6. Documentation of Expenses. All Grantees and Subgrantees must be able to demonstrate and document the actual cost of service provision. The amount billed cannot exceed the actual cost of providing the service. The Grantee and Subgrantees must maintain source documentation of direct costs, such as invoices, receipts, cancelled checks, and personnel activity reports, to support all Line of Credit Control System (LOCCS) draw requests for payment. This information must be made available upon request and maintained for a period of at least three years after the expiration of the Grant period or date of last payment, whichever occurs first.

7. Documentation of Personnel Expenses. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed and meet the standards required in 2 C.F.R Part 200.430(i). The records must support the distribution of employee’s salaries and wages among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and non-Federal award; an indirect cost activity and a direct cost activity; two or more indirect activities which are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity. Budget estimates alone do not qualify as support for charges to awards. Records must reasonably reflect the total activity for which employees are compensated.

8. Subcontracting. Grantees and Subgrantees must deliver the housing counseling services set forth in the Applicant’s Work Plan. It is not permissible to contract out housing counseling services, except as approved by HUD as specified in 24 C.F.R. § 214.103(i).

9. Conflicts of Interest. See 24 C.F.R. Part 214 and Handbook 7610.1 for information about the Applicant’s code of conduct and the prohibition against real and apparent conflicts of interest that may arise among officers, employees, agents, or other parties.

10. Affirmatively Furthering Fair Housing (AFFH). Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing and requires the same of its funding recipients: As provided in the AFFH rule (24 CFR § 5.151), “Affirmatively furthering” means: “taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with racially balanced living patterns, transforming racially or ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.” “Meaningful actions” are significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.

Specifically, action must be taken to fulfill, as much as possible, the goal of open, integrated residential housing patterns and to prevent the increase of segregation, of racial groups whose lack of opportunities the Act was designed to combat.

Examples of housing counseling activities that would be consistent with the obligation to AFFH include, but are not limited to, the following:

a. Providing persons with counseling, education, or information on discriminatory housing and mortgage lending practices and the rights and remedies available.

b. Maintaining a data base of accessible housing opportunities in the community and providing database for use by LEP persons or persons with disabilities.

c. Providing mobility counseling to help persons move to and access affordable housing in the community, including helping persons identify housing opportunities, helping them connect with landlords, and assisting them with applying for such housing.

11. Prohibition Against Lobbying Activities. Applicants are subject to the provisions of Section 319 of Pub L No. 101-121, 31 U.S.C. § 1352 (the Byrd Amendment), 24 CFR Part 87, and 2 CFR §200.450, which prohibit recipients of Federal awards and their contractors, subcontractors, at any tier, and Subgrantees at any tier, from using appropriated funds for lobbying the executive or legislative branches of the federal government in connection with a Federal award. In addition, grant funds under this NOFO shall not be utilized to advocate or influence the outcome of any federal, state or local election, referendum, initiative, or similar procedure or policy position through contributions, endorsements, publicity, or similar activity.

12. Tax Exempt. Applicants, Subgrantees, and Branches must be:

a. exemption from taxation under Internal Revenue Code (IRC) Section 501 (a) as an entity described in IRC Section 501(c) (26 U.S.C. § 501 (a) and (c)), or units of local, county, or state government,

b. in good standing under the laws and regulations of the state of their organization, and

c. authorized to do business in the states in which they propose to provide housing counseling services.

13. Provide Accessible Services. Applicants receiving federal financial assistance shall operate their housing programs or activities so that they are readily accessible to and usable by persons with disabilities. All programs or activities must be held in accessible locations, and successful applicants must give priority to methods that provide physical access to individuals with disabilities. Where accessibility for persons with disabilities is not possible, successful applicants must give priority to alternative participatory methods of delivery that are accessible to and usable by individuals with disabilities. Applicants receiving federal financial assistance shall administer their housing programs or activities in the most integrated setting appropriate to the needs of individuals with disabilities. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and HUD’s implementing regulations at 24 CFR part 8; Titles II and III of the Americans with Disabilities Act (42 U.S.C 12101 et seq.) and its implementing regulations at 28 CFR parts 35 and 36.

In addition, counseling services must comply with effective communication and reasonable accommodation requirements pursuant to Section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 C.F.R. part 8 and Titles II and III of the Americans with Disabilities Act of 1990, and the Department of Justice implementing regulations codified at 28 C.F.R. parts 35 and 36.

Accessibility arrangements, auxiliary aids and services, and reasonable accommodations may include, but are not limited to, materials provided in different formats, including large print or Braille and interpreter services. Information on how to request available assistive services and reasonable accommodations must be available, as well as available in different formats. Regarding accessible technology, HUD requires its funding recipients to adopt the goals and objectives of Section 508 of the Rehabilitation Act of 1973 by ensuring, whenever electronic and information technology (EIT) is used, procured, or developed, that persons with disabilities have access to and use of the information and data made available through the EIT on a comparable basis as is made available to and used by persons without disabilities.

Further, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and Executive

Order 13166 require that grantees take reasonable steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency. For assistance, grantees should consult HUD’s Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (HUD’s LEP Guidance) published in the Federal Register on January 22, 2007 (72 Fed. Reg. 2732).

14. Sam.gov and DUNS Registration Requirement. Applicants must have a valid, active registration in the SAM. In addition, applicants and subgrantees must have a DUNS Number.

15. Outstanding Performance Issues. Applicants and Subgrantees must resolve all outstanding issues communicated by HUD in writing by the later of the application deadline date of this NOFO or the expiration date of any conditional re-approval or inactive status resulting from such written communication.

16. Election for Federal Office Violation. No Applicant, Subgrantee, or Branch that employs an individual who has been convicted of a violation under federal law relating to an election for Federal office. See 12 U.S.C. 1701x(a)(4)(D).

17. Housing Counseling Work Plan. Applicants must have an approved Housing Counseling Work Plan on file with HUD. Activities specified in the form HUD-9906 Housing Counseling Charts must be consistent with activities previously approved in the work plan prior to the application due date. Applicants are reminded of the requirement to provide counseling to at least thirty clients annually (24 CFR § 214.303(b)).

18. Compliance with Third Party Certifications and Licensing. Applicants must comply with, and not in default under, any applicable state or other licensing and certification requirements. HUD will review individual circumstances upon request.

19. Inherently Religious Activities. If an organization engages in inherently religious activities, such as worship, religious instruction, or proselytization, these activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary and not a condition of the HUD programs or services in accordance with 24 CFR § 5.109(e).

G. Criteria for Beneficiaries.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying.

The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents.

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your http://Sam.gov business offices are located. Lack of SAM registration or valid DUNS Number is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written mailed, shipped, or emailed request at least 15 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact:

Name:

Email:

Housing.Counseling@hud.gov HUD Organization:

Street:

City:

State:

Zip:

Waiver requests must be submitted with the subject line “NOFO - Request for Waiver of Electronic Application.”

NOFO applications and forms are available from http://www.grants.gov/web/grants/applicants /apply-for-grants.html. Below are basic instructions for obtaining the application instructions and package:

1. Go to the “Package” tab of the Grant Opportunity. Click “Preview” to view the instructions and application package. Click “Apply” and “Create a Workspace” to access fillable forms and begin the application process.

2. Click “Download Instructions” to download a WinZip folder containing the following files:

a. Comprehensive Housing Counseling NOFO (PDF)

b. Form HUD-9906-L, Local Housing Counseling Agency Application (PDF)

c. Form HUD-9906-P, Intermediary, State Housing Finance Agency, and Multi-Sate

Organization Application (PDF)

d. Form HUD-9906, Chart A2 Supplement (for Intermediaries, SHFAs, and MSOs)

(Excel)

e. Form HUD-9906, Chart B: Leveraged Resources (Excel)

f. Form HUD-9906, Chart E: Use of Funds (Excel)

g. Form HUD-50153, Certification of Consistency with Promise Zone Goals and

Implementation (PDF)

3. The Grants.gov Workspace will list Mandatory and Optional forms, fillable as PDFs or webforms, if available. Applicants must complete all required fields and upload the Mandatory forms in order for Grants.gov to allow submission of the application package.

Grants.gov may not permit submission of an incomplete or improperly filled-out form.

4. To add required attachments (like Form HUD-9906, supplemental spreadsheets, etc.), click "Include in Package" to use the “Attachments Form.” Click the “Add Attachment” box to attach documents and forms.

5. When the application is complete, you may click “Check Package for Errors.”

http://www.grants.gov/web/grants/appli http://www.grants.gov/web/grants/applicants/apply-for-grants.html http://www.grants.gov/web/grants/applicants/apply-for-grants.html

6. To submit the completed application on behalf of the organization, an Authorized Organization representative must click “Sign and Submit.” Applications may not be received by Grants.gov or by HUD until they have been signed and submit by an AOR prior to the application deadline. For the SF-424, Form HUD-2880, and Certification Regarding Lobbying, the signature of the authorized representative and the date signed are completed upon submission.

If Applicants have difficulty accessing the information, Applicants may call the help desk at

(800) 518-GRANTS or e-mail support@grants.gov. Persons who are deaf or hard of hearing, or who have speech disabilities, may contact customer support through the Federal Relay Service's teletype service at 1-800-877-8339. The Grants.gov help desk is available 24 hours a day, 7 days per week, except federal holidays.

B. Content and Form of Application Submission.

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

Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements.

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

Application for Federal Assistance

(SF424)

Submission is required for all applicants by the application due date.

Disclosure of Lobbying Activities (SFLLL), if applicable

HUD will provide instructions to grantees on how the form is to be submitted.

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish http://Grants.gov mailto:support@grants.gov http://grants.gov/

Forms/Assurances/Certifications Submission Requirement Notes/Description an executed copy of the Certification Regarding Lobbying prior to award.

HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient Disclosure/Update Report

HUD will provide instructions to grantees on how the form is to be submitted.

HUD instructions to grantees are provided by webcast, To view the webcast, click here.

Additionally, your complete application must include the following narratives and non-form attachments.

See Application Checklist below for a list of required content.

2. Format and Form.

Narratives and other attachments to your application must follow the following format guidelines.

_________ Pages maximum length of narratives

a. Application Checklist (Required of all Applicants). Below are forms, information, and certifications that all Applicants must complete. Failure to complete and submit these forms may result in loss of points or disqualification.

1. SF-424, Application for Federal Assistance. Applicants should check "new" for block 2 for "Type of Application." Applicants may leave blocks 4, 5a, and 5b blank. For block 8c of the form, ensure that your DUNS Number is correct and is listed on SAM.gov with an active registration. In block 8d, you must include a 9-digit number for your organization’s zip code (zip plus 4 digits). Applicants are not required to request a specific grant amount, but should enter a response of $1.00 in block 18a.

2. Form HUD-2880 Applicant/Recipient Disclosure/Update Report. Applicants must complete the Form HUD-2880. Applicants should check the box "Initial Report." In block 4, "Amount of HUD Assistance Requested/Received" of this form, Applicants may enter $1.00: HUD will not use this amount as a cap in establishing the maximum grant amount for the Applicant (Applicants may indicate a maximum grant amount in the Form HUD-9906). Applicants that have received or expect to receive HUD assistance for housing counseling in excess of $200,000 during FY 2021 must select "yes" under the second question in "Part I Threshold Determinations.” Detailed instructions for completing the form are found at this link: http://portal.hud .gov/hudportal/documents/huddoc?id=2880 .pdf.

3. Form HUD-9906 Housing Counseling Charts. LHCA applicants must complete and submit form HUD-9906-L (PDF). Intermediary/SHFA/MSO applicants must complete and submit the HUD-9906-P (PDF) and the Chart A2 Supplement (Excel). All applicants http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv http://sam.gov/ http://portal.hud.gov/hudportal/documents/huddoc?id=2880.pdf http://portal.hud.gov/hudportal/documents/huddoc?id=2880.pdf http://portal.hud.gov/hudportal/documents/huddoc?id=2880.pdf must complete the form HUD-9906, Chart E: Use of Funds (Excel).