FR-6700-N-25_NOFO_2023-08-07.pdf

U.S. Department of Housing and Urban Development

Community Planning and Development

Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2023 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants

FR-6700-N-25

09/28/2023

Table of Contents

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Definitions and CoC Program Concepts

II. AWARD INFORMATION

A. Available Funds

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Rules and Regulations Applicable to HUD NOFOs

C. Rules that Affect How HUD Evaluates Applications

IV. APPLICATION AND SUBMISSION INFORMATION

A. Application Package

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

C. Other Guidance and Notifications

D. Application Verification

E. Content and Form of Application Submission

F. CoC Consolidated Application

G. Submission Dates and Times

H. Intergovernmental Review

I. Funding Restrictions

J. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Criteria

B. CoC Application Scoring

C. Project Review and Selection Process

D. Adjustments to Projects

E. Corrections to Deficient Applications

F. Other Federal Statutes

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Environmental Review

D. Lead-Based Paint Requirements

E. Prohibition on Surveillance

F. Remedies for Noncompliance

G. Reporting

H. Debriefing

I. Administrative and Other Program Requirements

J. Timeliness Standards

VII. APPEALS

A. Description

B. Types of Appeals

C. Solo Applicant

D. Denied or Decreased Funding

E. Consolidated Plan Certification

F. Appeals Submission

VIII. AGENCY CONTACT

C. General Clarification

IX. OTHER INFORMATION

Community Planning and Development Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2023 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants Funding Opportunity Number:

FR-6700-N-25

Assistance Listing Number (formerly CFDA Number):

14.267 Due Date for Applications:

09/28/2023 The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. You, as a prospective applicant, should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

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

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

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

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

OMB Approval Number(s):

2506-0012

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

The Continuum of Care (CoC) Program [24 CFR part 578] is designed to promote a community-wide commitment to the goal of ending homelessness; to provide funding for efforts by nonprofit providers, States, Indian Tribes or Tribally Designated Housing Entities [as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4103) (TDHEs)], and local governments to quickly rehouse homeless individuals, families, persons fleeing domestic violence, dating violence, sexual assault, and stalking, and youth while minimizing the trauma and dislocation caused by homelessness; to promote access to and effective utilization of mainstream programs by homeless individuals and families, and to optimize self-sufficiency among those experiencing homelessness.

The goal of the Youth Homelessness Demonstration Program (YHDP) is to support the development and implementation of a coordinated community approach to preventing and ending youth homelessness and sharing that experience with and mobilizing communities around the country toward the same end. The population to be served by the demonstration program is youth ages 24 and younger experiencing homelessness, including unaccompanied and pregnant or parenting youth.

1. Authority

The CoC Program is authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, (42 U.S.C. 11381–11389) (the Act), and the CoC Program rule found in 24 CFR part 578 (the Rule).

The FY 2023 funds were authorized by the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022). The noncompetitive or competitive renewal or replacement of YHDP grants under the CoC program is authorized by the Consolidated Appropriations Act, 2023.

2. Deadline.

https://www.govinfo.gov/link/uscode/44/3501 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

The deadline for submitting applications to HUD for the FY 2023 CoC Program Competition is 8:00 PM EST on September 28, 2023. Applicants must complete and submit their applications in e-snaps at https://esnaps.hud.gov/. See Sections IV.F and G of this NOFO for application submission and timely receipt requirements.

3. Changes from Previous NOFO

a. Round 1 YHDP Grants. HUD will competitively renew or replace projects that HUD initially funded in the FY 2016 Youth Homelessness Demonstration Competition (Round 1).

These Round 1 YHDP projects may be reallocated by CoCs to create new CoC grants [see section I.B.2.b.(24)]. If a Round 1 YHDP grant is reallocated to create a new CoC grant, the reallocated funds are no longer eligible to be used for YHDP Special Activities. If significant changes to a renewing Round 1 YHDP project are needed, a Round 1 YHDP project may continue to replace its current project with a new Round 1 YHDP Replacement project, that may wholly or in part include activities ineligible under the CoC Program as outlined in section III.B.4.b.(5) and (6) of this NOFO while still serving youth ages 24 and younger experiencing homelessness.

b. YHDP Special Activities. The CoC Program NOFO permits YHDP project applicants to integrate YHDP Special Activities into the project design through the selection of these activities in YHDP Renewal and YHDP Replacement project applications. YHDP renewal applicants may continue to select previously approved Special YHDP Activities in their project application;

however, YHDP Renewal applicants may also request to add new Special YHDP Activities through their renewal application [see sections I.B.3.n and III.B.4.b.(6) of this NOFO].

If a recipient of YHDP funding determines that changing the project model of their grant would better serve youth experiencing homelessness in the area, the recipient must submit an application to replace the YHDP project through this competition. An example of this would be if a community decides that a JOINT TH-RRH project would better serve youth compared to an RRH project. More details on submitting a YHDP Replacement project are in section III.B.4.b.(5).

c. CoC Planning Increase. HUD is establishing an alternative maximum amount for CoC Planning grant applications under this NOFO. Specifically, the maximum grant amount for CoC planning activities under 24 CFR 578.39 will be the greater of $50,000 or 5 percent of the applicable FPRN, provided that the total grant amount for CoC planning activities does not exceed $1,500,000. This new maximum replaces the 3 percent cap in 24 CFR 578.39(a) for purposes of awards under this NOFO. More information is provided in section III.B.3.f.(9).

d. New Eligible Continuum of Care Activities. These following new budget line items (BLIs) will be built into the CoC Program Competition Application process. Applicants wishing to utilize these new BLIs can request a budget modification during the competition to add funds to these line items from an existing line item. Applicants may also request to expand existing renewal grants to add new funding to these BLIs.

(1) VAWA Costs Budget Line Item. On March 15, 2022, the President signed into law the Consolidated Appropriations Act of 2022 (Pub. L. 117-103, 136 Stat. 49), which included the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022). VAWA 2022 reauthorizes, amends, and strengthens the Violence Against Women Act of 1994, as amended (VAWA) (Pub. L. 103-322, tit. IV, sec. 40001-40703; 42 U.S.C. 13925 et seq.).

https://esnaps.hud.gov/

Section 605 of VAWA 2022 amends section 423(a) of the McKinney-Vento Homeless Assistance Act to add the following eligible Continuum of Care Program activity:

Facilitating and coordinating activities to ensure compliance with [the emergency transfer plan requirement in 34 U.S.C. 12491(e)] and monitoring compliance with the confidentiality protections of [the confidentiality requirement in 34 U.S.C. 12491(c)(4)].

See section VI.B for more information on compliance with VAWA 2022 and section III.B.4.a.(3) of this NOFO for more information on eligible VAWA costs. For general guidance on implementation of VAWA 2022, please also see “The Violence Against Women Act Reauthorization Act of 2022: Overview of Applicability to HUD Programs,” a notice HUD published in the Federal Register on January 4, 2023.

(2) Rural Costs Budget Line Item. Section 5707 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (PL 117-263, December 23, 2022, 136 Stat 2395) amends section 423(a) of the McKinney-Vento Homeless Assistance Act to include activities that address barriers to transitioning families in rural areas to permanent housing and additional activities to increase capacity to address the unique challenges CoCs face when serving people experiencing homelessness in rural areas.

See section III.B.4.a.(4) of this NOFO for more information on eligible Rural costs.

e. Federal Relay Service’s Text Telephone (TTY) service. The Federal Relay Service contract expired in February 2022 and is no longer available. The NOFO is updated to include the use of Federal Communications Commission (FCC) relay services for individuals who are deaf or hard of hearing, or who have speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs for more information on relay services available.

f. Amendment to criteria for qualifying as “homeless.” For purposes of the CoC Program and other HUD programs authorized by the McKinney-Vento Homeless Assistance Act, section 605 of VAWA 2022 amended section 103(b) of the McKinney-Vento Homeless Assistance Act to require HUD to consider as homeless:

any individual or family who—

(1) is experiencing trauma or a lack of safety related to, or fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence against the individual or a family member in the individual's or family's current housing situation, including where the health and safety of children are jeopardized;

(2) has no other safe residence; and

(3) lacks the resources to obtain other safe permanent housing.

This statutory change took effect on October 1, 2022. Rulemaking will be needed to require Continuums of Care (CoCs) and CoC Program recipients and subrecipients to make corresponding changes to the applicable written standards, coordinated entry policies, and documentation policies used to qualify individual and families as homeless under the CoC Program. That said, because HUD must recognize as “homeless” families and individuals who https://www.federalregister.gov/documents/2023/01/04/2022-28073/the-violence-against-women-act-reauthorization-act-of-2022-overview-of-applicability-to-hud-programs https://www.federalregister.gov/documents/2023/01/04/2022-28073/the-violence-against-women-act-reauthorization-act-of-2022-overview-of-applicability-to-hud-programs https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs meet the new statutory criteria in section 103(b) of the McKinney-Vento Homeless Assistance Act as of October 1, 2022, CoC recipients may implement the new definition prior to HUD rulemaking, provided that CoCs update the relevant written standards and policies as needed to reflect the new statutory criteria. For further information, please see “The Violence Against Women Act Reauthorization Act of 2022: Overview of Applicability to HUD Programs” which HUD published in the Federal Register on January 4, 2023. This qualification of HUD’s understanding and use of the “homeless” definition applies for purposes of all references to the “homeless” definition in this NOFO, including all references to specific paragraphs of the “homeless” definition in 24 CFR 578.3.

4. HUD's Strategic Planning Goals and Homeless Policy Priorities

a. HUD Strategic Goals

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

2. Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

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

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

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

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

b. HUD Homeless Policy Priorities https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

This section provides additional context regarding the selection criteria found in section V.B. of this NOFO and is included here to help applicants better understand how the selection criteria supports the goal of ending homelessness:

(1) Ending homelessness for all persons. In 2022, the United States Interagency Council on Homelessness (USICH) presented All In: The Federal Strategic Plan to Prevent and End Homelessness to the President and Congress. The plan is built around six pillars: three foundations—equity, data and evidence, and collaboration—and three solutions—housing and supports, crisis response, and prevention. The work funded through this NOFO will support the actions and strategies proposed within the pillars. To end homelessness, CoCs should identify, engage, and effectively serve all persons experiencing homelessness. CoCs should measure their performance based on local data that consider the challenges faced by all subpopulations experiencing homelessness in the geographic area (e.g., veterans, youth, families, those experiencing chronic homelessness, and people with disabilities, including those living with HIV/AIDS). CoCs should partner with housing, health care, and supportive services providers to expand housing options, such as permanent supportive housing, housing subsidies, and rapid rehousing. Additionally, CoCs should use local data to determine the characteristics of individuals and families with the highest needs and longest experiences of homelessness to develop housing and supportive services tailored to their needs.

(2) Use a Housing First approach. Housing First prioritizes rapid placement and stabilization in permanent housing and does not have service participation requirements or preconditions.

CoC Program funded projects should help individuals and families move quickly into permanent housing, and CoCs should measure and help projects reduce the length of time people experience homelessness. Additionally, CoCs should engage landlords and property owners to identify housing units available for rapid rehousing and permanent supportive housing participants, remove barriers to entry, and adopt client-centered service methods.

HUD encourages CoCs to assess how well Housing First approaches are being implemented in their communities.

(3) Reducing Unsheltered Homelessness. In recent years, the number of people experiencing unsheltered homelessness has risen significantly, including a rising number of encampments in many communities across the country. People living unsheltered have extremely high rates of physical and mental illness and substance use disorders. CoCs should explore all available resources, including CoC and ESG funded assistance, housing subsidies, and supportive services to provide permanent housing options for people who are unsheltered. CoCs should work with law enforcement and their state and local governments to eliminate policies and practices that criminalize homelessness.

(4) Improving System Performance. CoCs should be using system performance measures (e.g., average length of homeless episodes, rates of return to homelessness, rates of exit to permanent housing destinations) to determine how effectively they are serving people experiencing homelessness. Additionally, CoCs should use their Coordinated Entry process to promote participant choice, coordinate homeless assistance and mainstream housing, and services to ensure people experiencing homelessness receive assistance quickly, and make homelessness assistance open, inclusive, and transparent. CoCs should review all projects eligible for renewal in FY 2023 to determine their effectiveness in serving people experiencing homelessness, including cost-effectiveness. CoCs should also look for opportunities to implement continuous quality improvement and other process improvement strategies.

(5) Partnering with Housing, Health, and Service Agencies. Using cost performance and outcome data, CoCs should improve how all available resources are utilized to end homelessness. This is especially important as the CARES Act and American Rescue Plan have provided significant new resources to help end homelessness. HUD encourages CoCs to maximize the use of mainstream and other community-based resources when serving persons experiencing homelessness and should:

(a) Work closely with public and private healthcare organizations and assist program participants to receive primary care, receive housing related services, and obtain medical insurance to address healthcare needs. This includes developing close partnerships with public health agencies to analyze data and design approaches that reduce homelessness, improve the health of people experiencing homelessness, and prevent and address disease outbreaks, including HIV/AIDS.

(b) Partner closely with PHAs and state and local housing organizations to utilize coordinated entry, develop housing units, and provide housing subsidies to people experiencing homelessness. These partnerships can also help CoC Program participants exit permanent supportive housing through Housing Choice Vouchers and other available housing options. CoCs and PHAs should especially work together to implement targeted programs such as Emergency Housing Vouchers, HUD-VASH, Mainstream Vouchers, Family Unification Program (FUP) Vouchers, and other housing voucher programs targeted to people experiencing homelessness. CoCs should coordinate with their state and local housing agencies on the utilization of new program resources provided through the Homelessness Assistance and Supportive Services Program (HOME-ARP) that was created through the American Rescue Plan.

(c) Partner with local workforce development centers to improve employment opportunities.

(d) Work with Tribal organizations to ensure that Tribal members can access CoC-funded assistance when a CoC's geographic area borders a Tribal area.

(6) Racial Equity. In nearly every community, Black, Indigenous, and other people of color are substantially over-represented in the homeless population. HUD is emphasizing system and program changes to address racial equity within CoCs. Responses to preventing and ending homelessness should address racial inequities to ensure successful outcomes for all persons experiencing homelessness using proven approaches, such as: developing a coordinated community response created in partnership with a racially diverse set of stakeholders and people experiencing homelessness and partnering with organizations with experience serving underserved populations. CoCs should review local policies, procedures, and processes with attention to identifying barriers that result in racial disparities and taking steps to eliminate barriers to improve racial equity and to address disparities.

(7) Improving Assistance to LGBTQ+ Individuals. Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals and often overlaps with other forms of prohibited discrimination. CoCs should address the needs of

LGBTQ+, transgender, gender non-conforming, and non-binary individuals and families in their planning processes. Additionally, when considering which projects to select in their local competition to be included in their application to HUD, CoCs should ensure privacy, respect, safety, and access regardless of gender identity or sexual orientation in projects.

CoCs should also consider partnering with organizations with expertise in serving LGBTQ+ populations.

(8) Persons with Lived Experience. The people who know best what solutions will effectively end homelessness are those who are experiencing homelessness. HUD expects CoCs to include people with lived homeless expertise and experience in their local planning and decision-making process. People with lived experience should determine how local policies may need to be revised and updated to improve the effectiveness of homelessness assistance programs, including participating in planning and oversight activities, and developing local competition processes. CoC leaders and stakeholders should prioritize hiring people who have experienced homelessness in areas where their expertise is needed.

(9) Increasing Affordable Housing Supply. The lack of affordable housing is the main driver of homelessness. CoCs play a critical role in educating local leaders and stakeholders about the importance of increasing the supply of affordable housing and the specific consequences of the continued lack of affordable housing. CoCs should be communicating with jurisdiction leaders, including for the development of Consolidated Plans, about the harmful effects of the lack of affordable housing, and they should engage local leaders about steps such as zoning and land use reform that would increase the supply of affordable housing. This FY 2023 CoC NOFO awards points to CoCs that take steps to engage local leaders about increasing affordable housing supply.

B. Definitions and CoC Program Concepts

1. Standard Definitions

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

The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development. See 24 CFR 578.93(c) for specific Affirmatively Furthering Fair Housing requirements that apply to the CoC program.

Assistance Listing (formerly CFDA) refers to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA). The Assistance Listing Number is a unique number assisted to identify a Federal Assistance listing, formerly known as the CFDA Number.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must:

not be a threshold requirement, except for documentation of applicant eligibility;

not influence how an applicant is ranked or scored versus other applicants; and be remedied within the time frame specified in the notice of deficiency.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

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

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

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

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

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

(1)

(a) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR 200.101; or https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

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

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

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

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

Federal financial assistance has the same meaning defined at 2 CFR 200.1.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO. Although the CoC Program NOFO is officially posted on Grants.gov, this program only accepts applications submitted in e-snaps, an electronic application system.

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, Indigenous, Native American, Asian, Pacific Islander, and other persons of color.

System for Award Management (SAM) is the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via e-snaps. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

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

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

2. Program-Specific Definitions and Concepts https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

Regulatory citations are provided below so applicants can refer to specific areas of the Rule.

Projects awarded CoC Program funds are subject to the program regulations as they may be amended from time to time. However, YHDP Renewal and YHDP Replacement projects and awards are subject to CoC Program regulations except as otherwise provided in this NOFO [see section I.B.3.f].

The definitions and concepts contained in this section include terms that are important for all applicants to understand in order to complete all parts of the FY 2023 CoC Consolidated Application in e-snaps on behalf of the CoC.

a. Definitions from 24 CFR 578.3. The following terms are defined in 24 CFR 578.3.

Applicants must refer to the Rule for the definitions contained in this section.

(1) Annual Renewal Amount (ARA)

(2) Applicant

(3) Centralized or Coordinated Assessment System

(4) Chronically Homeless

(5) Collaborative Applicant

(6) Continuum of Care

(7) Consolidated Plan

(8) High Performing Community (HPC)

(9) Homeless Management Information System (HMIS)

(10) HMIS Lead

(11) Homeless. Although not reflected in the regulation, section 605 of Violence Against Women Act Reauthorization Act of 2022 amended Section 103(b) of the Act and requires HUD to consider certain individuals and families as homeless. This amendment took effect on October 1, 2022. Notwithstanding anything to the contrary contained elsewhere in this NOFO, where 578.3 paragraph (4) is referenced, applicants may apply to serve the population as defined in Section 103(b) of the Act.

(12) Permanent Housing

(13) Permanent Supportive Housing

(14) Private Nonprofit Organization

(15) Program Participant

(16) Project

(17) Recipient

(18) Subrecipient

(19) Transitional Housing

(20) Unified Funding Agency

(21) Victim Service Provider

b. CoC Program NOFO Concepts. The following terms are not found in 24 CFR 578.3 but are used in other areas of the Rule or are used in this NOFO to define concepts that pertain specifically to the FY 2023 CoC Consolidated Application.

(1) Annual Renewal Demand (ARD) (24 CFR 578.17(b)(2)). The total amount of all the CoC’s projects that will be eligible for renewal in the FY 2023 CoC Program Competition, before any required adjustments to funding for leasing, rental assistance, and operating Budget Line Items (BLIs) based on FMR changes. HUD will calculate the ARD by combining the total amount of funds requested by eligible renewal projects from eligible:

(a) renewal projects approved and ranked on the Renewal Project Listing;

(b) renewal project amount(s) that were reallocated as recorded on the reduced or eliminated reallocation forms of the CoC Priority Listing;

(c) renewal YHDP projects on the YHDP Renewal Project Listing; and

(d) replacement YHDP projects on the YHDP Replacement Project Listing as these projects are eligible for funding as renewal YHDP projects but have chosen to submit the application as a YHDP Replacement project with the amount of funding that is eligible for renewal.

(2) Beds Dedicated to Chronically Homeless Individuals and Families. A permanent supportive housing bed that is dedicated specifically for use by individuals and families experiencing chronic homelessness [see 24 CFR 578.3 definition of Chronically Homeless] within a CoC’s geographic area, as reported in the CoC’s HIC and the FY 2023 PH project applications. When a program participant exits the project, the bed must be filled by another participant who is experiencing chronic homelessness unless there are no persons experiencing chronic homelessness within the CoC’s geographic area. This concept only applies to PSH projects.

(3) CoC Bonus Project. The CoC Bonus allows CoCs to use up to 7 percent of their Final Pro Rata Need (FPRN) to create one or more new project applications. New projects created through the CoC Bonus must meet the project eligibility and project quality threshold requirements established by HUD in sections III.C.5.b. and c. of this NOFO. To be eligible to receive a CoC Bonus project, the Collaborative Applicant must demonstrate its CoC ranks projects based on how they improve system performance as outlined in section V.B.2.b of this NOFO.

(4) CoC Merger. The CoC merger is a process where two or more CoCs voluntarily agree to merge the entire geographic areas of all CoCs into one larger CoC. HUD strongly encourages CoCs that struggle with capacity to merge with a neighboring CoC or Balance of State CoC during each fiscal year’s CoC Program Registration process. To encourage CoC mergers and mitigate the potential adverse scoring implications that may occur when a high performing CoC merges with one or more lower-performing CoC(s), HUD will award up to 25 bonus points to the CoC Score for CoCs that first registered as a merged CoC between the FY 2022 and FY 2023 CoC Program Registration process. The minimum number of points awarded will be 5 with the maximum points awarded up to 25. To be eligible for these points, the merged CoC must include all the geographic areas previously included in two or more CoCs that received funding in the FY 2022 CoC Program Competition. Points will be awarded as follows:

(a) 5 bonus points to CoCs that merged;

(b) 10 bonus points to CoCs where one or more of the merging CoCs had a CoC Application score of 140 points or lower in either the FY 2021 or FY 2022 CoC Program Competitions; and

(c) 10 points to CoCs that demonstrate that the results of their Point-in-Time counts were affected by the changes in methodology that resulted from the merger in a way that would affect their CoC score.

(5) Consolidated Plan Certification. The standard form, Certification of Consistency with the Consolidated Plan (form HUD-2991), in which a state or local official certifies that the proposed activities or projects are consistent with the jurisdiction's Consolidated Plan and, if the project applicant is a state or unit of local government, that the jurisdiction is following its Consolidated Plan per the requirement of 24 CFR part 91. All project applications submitted and listed on the CoC Project Listings by the Collaborative Applicant must be included in the certification either by submitting one correctly signed and dated HUD-2991 from the appropriate jurisdiction that includes an attachment listing of all submitted project applications, or a single signed and dated HUD-2991 for each individual project application from the appropriate jurisdiction.

(6) Consolidation. The process by which two or more projects eligible for renewal in the FY 2023 CoC Program Competition apply for funding and are combined into a single renewal project upon award. See sections I.B.3.e and III.B.4.b.(8) of this NOFO for additional information.

(7) DedicatedPLUS Project. A PSH project where 100 percent of the beds are dedicated to serve individuals, households with children, and unaccompanied youth (including pregnant and parenting youth) who at intake meet one of the following categories:

(a) experiencing chronic homelessness, meaning they qualify as “chronically homeless” as defined in 24 CFR 578.3;

(b) residing in a TH project that will be eliminated and meets the definition of chronically homeless in effect at the time in which the individual or family entered the TH project;

(c) residing in a place not meant for human habitation, emergency shelter, or Safe Haven and had been admitted and enrolled in a PH project within the last year but were unable to maintain a housing placement and met the definition of chronically homeless as defined by 24 CFR 578.3 prior to entering the project;

(d) residing in transitional housing funded by a Joint TH/PH-RRH component project and who were experiencing chronic homelessness as defined by 24 CFR 578.3;

(e) residing and has resided in a place not meant for human habitation, Safe Haven, or emergency shelter for at least 12 months in the last three years, but has not done so on four separate occasions and the individual or head of household meet the definition of 'homeless individual with a disability; or

(f) receiving assistance through a Department of Veterans Affairs (VA)-funded homeless assistance program and met one of the above criteria at initial intake to the VA's homeless assistance system.

(g) A renewal project where 100 percent of the beds were dedicated to individuals and families experiencing chronic homelessness, as described in section I.B.2.b.(2), under the grant that is being renewed may either be reallocated as a DedicatedPLUS project or may continue as a renewal dedicating 100 percent of its beds to individuals and families experiencing chronic homelessness. If the project is reallocated as a DedicatedPLUS project, the project must adhere to all fair housing requirements at 24 CFR 578.93.

Projects HUD awarded as DedicatedPLUS in a previous CoC Program Competition must continue to include households with children to qualify as a DedicatedPLUS project in the FY 2023 CoC Program Competition.

(8) Domestic Violence, Dating Violence, Sexual Assault, and Stalking Bonus (DV Bonus). A new project that is dedicated to survivors of domestic violence, dating violence, sexual assault, or stalking who qualify under the definition of homeless at 24 CFR 578.3 or section 103(b) of the McKinney-Vento Homeless Assistance Act. As described in paragraph (13) below, survivors of human trafficking may qualify as homeless under paragraph (4) of the homeless definition at 24 CFR 578.3 or section 103(b) of the McKinney-Vento Homeless Assistance Act because they are often also victims of domestic violence, dating violence, sexual assault, or stalking; however, a DV Bonus project may not exclusively serve people fleeing or attempting to flee human trafficking. New DV Bonus projects are subject to the limitation on new projects in section I.B.3.a.(1) of this NOFO, and a CoC may apply for up to 10 percent of its Preliminary Pro Rata Need (PPRN) to create a new DV Bonus project(s);

however, this amount is limited to a:

(a) a minimum of $50,000 if 10 percent of the CoC’s PPRN is less than $50,000; or

(b) maximum of $5 million if 10 percent of the CoC’s PPRN is more than $5 million.

See sections I.B.3.l and I.B.2.b.(8) of this NOFO for project application requirements and how DV Bonus projects will be reviewed and selected.

(9) Eligible Renewal Project. A project that will have an expiration date in CY 2024 (between January 1, 2024, and December 31, 2024). See section I.B.4.n and III.B.3.c and for more information on renewal projects.

(10) Expansion. The process used by renewal project applicants to submit a new project application to add funds to a project to expand its current operations by adding units, beds, persons served, services provided to existing program participants, or in the case of HMIS, increase the current HMIS activities within the CoC's geographic area. DV Bonus funds can only be used to expand an existing renewal project if the expansion project is dedicated to survivors of domestic violence, dating violence, sexual assault, or stalking who qualify under paragraph (4) of the definition of homeless at 24 CFR 578.3 or section 103(b) of the McKinney-Vento Homeless Assistance Act; however, as explained in section I.B.3.l of this NOFO, only the new project application for the expansion will be considered for DV Bonus funds, and HUD will only select a new DV Bonus project that expands an existing renewal project if HUD conditionally selects the renewal project in Tier 1 or 2. For projects that are expanding their current CoC Program-funded project, project applicants must submit:

(a) the renewal project application that will be expanded; and

(b) a new project application with expansion information.

YHDP projects cannot use the expansion process.

Except for new DV Bonus projects, if a project application does not meet the above requirements, or if HUD does not select for award the renewal project the new project application is proposing to expand, HUD will review the new project and will consider it as a standalone project during the selection process if the project is feasible on its own with its requested funding and provided if it passes project eligibility and project quality threshold requirements.

For DV Bonus applications that propose expansion, if the DV Bonus application does not meet the above requirements for an expansion project, or the renewal portion is not selected, HUD will consider the DV Bonus application as a standalone DV Bonus application and use the DV Bonus selection process described in I.B.2.b.(8) above.

(11) Final Pro Rata Need (FPRN) (24 CFR 578.17(b)(3)). The higher of PPRN or ARD for the Continuum of Care is the FPRN, which is the base for the maximum award amount for projects within the CoC.

(12) Formula Area. Defined in the Indian Housing Block Grant Program at 24 CFR 1000.302.

(13) Homelessness and Human Trafficking. HUD is clarifying that persons who are fleeing or attempting to flee human trafficking may qualify as homeless under paragraph (4) of the homeless definition at 24 CFR 578.3 or section 103(b) of the McKinney-Vento Homeless Assistance Act and may be eligible for certain forms of homeless assistance under the CoC Program, subject to other restrictions that may apply. HUD considers human trafficking, including sex trafficking, to be “other dangerous or life-threatening conditions that relate to violence against the individual or family member” under paragraph (4) of the definition of homeless at 24 CFR 578.3 and “other dangerous, traumatic, or life-threatening conditions related to the violence against the individual or a family member in the individual's or family's current housing situation” under section 103(b) of the McKinney-Vento Homeless Assistance Act.

(14) Host Home and Kinship Care. Host Home and Kinship Care is limited to YHDP Renewal and replacement grants. This is a model of housing where a family agrees to permit a youth program participant to reside with them. Recognizing the addition of another person in the home may increase costs to the family, HUD will consider YHDP Replacement project applications that propose to house youth with families and subsidize the additional costs attributable to housing the youth, including recruitment of hosts. An example of eligible costs would be additional food or transportation costs, which are eligible supportive services under 24 CFR 578.53(e)(7) or 24 CFR 578.53(e)(15). Recipients must keep records related to this determination for HUD review upon request. The residence is in a community-based setting and the family may be related to youth program participants with a time-limited or unlimited length of stay.

(15) Housing First. A model of housing assistance that prioritizes rapid placement and stability in permanent housing in which admission does not have preconditions (such as sobriety or a minimum income threshold) and in which housing assistance is not conditioned upon participation in services. Transitional Housing and Supportive Services Only projects are considered to be using a Housing First model for the purposes of this NOFO if they operate with low barriers; work to quickly move people into permanent housing; do not require participation in supportive services for continued tenancy, occupancy, or participation in the project; and, for Transitional Housing projects, do not require preconditions for moving into the transitional housing (e.g., sobriety or minimum income https://www.ecfr.gov/cgi-bin/text-idx?SID=ed2cea7ae9c2b64564e740a0b7763956&mc=true&node=se24.4.1000_1302&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=ed2cea7ae9c2b64564e740a0b7763956&mc=true&node=se24.4.1000_1302&rgn=div8 threshold) but do…