Full Announcement_FR-6700-N-81.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Capital Fund At-Risk/Receivership/Substandard/Troubled Program

FR-6700-N-81

08/21/2023

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Public and Indian Housing Funding Opportunity Title:

Capital Fund At-Risk/Receivership/Substandard/Troubled Program Funding Opportunity Number:

FR-6700-N-81

Assistance Listing Number (formerly CFDA Number):

14.888 Due Date for Applications:

08/21/2023

OVERVIEW

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

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

OMB Approval Number(s):

2577-0301; 2501-0017

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The purpose of this funding opportunity is to provide funds for costs associated with public housing asset improvement to Public Housing Agencies (PHAs) that are either in receivership, https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 designated troubled or substandard, or otherwise at risk. For this NOFO, asset improvement means capital improvements. Use of funding provided under this NOFO is focused on improving public housing asset management project (AMP) performance in two core areas:

Physical Condition: Improve the physical condition of public housing. Successful applicants must demonstrate a comprehensive strategy on how the funds will provide residents access to safe, accessible, and decent public housing through improved public housing assets.

Management: Increase occupancy and reduce long-term vacancies through capital investment and affirmative marketing.

Applicants may submit a maximum of one application with only one AMP, which may include multiple properties or scattered sites.

The application must adhere to the application submission requirements in this NOFO, including the required narrative demonstrating how use of the funding at the identified AMP will improve the targeted AMP and all additional narratives listed in Section IV.B.

Grantees must submit obligation documents (signed contracts) and expenditure documentation (e.g., invoices) to the local field office. The field office will review the documentation to ensure compliance with the conditions of the award and approve the payment requests through HUD's electronic Line of Credit Control System (eLOCCS). To measure the effectiveness of funding, HUD will assess physical inspection scores and occupancy data at the designated AMP.

2. HUD and Program-Specific Goals and Objectives

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.

However, of the five goals only those applicable to this NOFO are identified below.

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

Applicable Goals and Objectives from HUD’s Strategic Plan

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

2. 1A: Advance Housing Justice Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

3. 1B: Reduce Homelessness Strengthen Federal, State, Tribal, and community implementation of the Housing First approach to reducing the prevalence of homelessness, with the ultimate goal of ending homelessness.

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

4. 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

5. 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.

6. 2A: Increase the Supply of Housing Enhance HUD's programs that increase the production and supply of housing across the country.

7. 2B: Improve Rental Assistance Improve rental assistance to address the need for affordable housing.

8. 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.

9. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

10. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

11. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

3. Changes from Previous NOFO

This NOFO has the following changes from the previous NOFO:

Section I.A. Program Description – This section is updated to include HUD Strategic Plan goals and objectives and include new definitions: Equity, Racial Equity, Resilience, and Underserved Communities. The following definition is removed: DUNS.

Section III.D. Threshold Eligibility Requirements – Affirmatively Furthering Fair Housing (AFFH) is removed. However, AFFH remains an application requirement under section IV.G. of the NOFO.

Section III.E. Statutory and Regulatory Requirements Affecting Eligibility – This section is updated to include applicable eligibility requirements.

Section III.F. Program-Specific Requirements – This section is updated to emphasize two requirements to support the HUD priorities of Advancing Racial Equity and Affirmative Marketing.

Section IV.B. Content and Form of Application Submission – This section is updated to require form HUD 424-B (Applicant Assurances and Certifications), and a new requirement to update sam.gov to include Federal Assistance Assurance.

Section IV.G. Other Submission Requirements – This section is updated to include additional submission requirements for: Code of Conduct and required forms HUD 424-B and HUD 2280.

This section also includes new requirements for Federal Assistance Assurances.

Section V.A. Review Criteria – This section is updated to specify discrete points for receivership PHAs under Rating Factor 1: Status of PHA.

Section V.B. Review and Selection Process – This section is updated to include a new requirement to ensure applicants have experience promoting racial equity.

Section VI.B. Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards – This section is updated to include compliance with: Secretary Fudge's April 12, 2022, memorandum; equity requirements; and waste, fraud, and abuse requirements. Additionally, this section clarifies requirements related to nondiscrimination and equal opportunity. Furthermore, this section is updated with program details related to termination policy.

Federal Relay Service – The Federal Relay Service contract expired in February 2022. HUD no longer uses the service. 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 disabilities.

4. Definitions

a. Standard Definitions

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

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

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

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

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

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

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

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

This plan is completed by engaging in a participatory process to assess 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 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award. For additional information on contractor and subrecipient determinations, see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined above and in 2 CFR 200.1.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

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

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

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

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

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

E-Business Point of Contact (E-Biz POC) is an 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 Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 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

(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.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

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

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

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

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

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

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

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

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

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

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.

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

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than regular-sized business. The definition of “small”—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries. See 13 CFR Part 121.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

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

Threshold Requirements are eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

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

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify 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.

b. Program Definitions.

At Risk. A PHA that is neither troubled nor substandard under the Public Housing Assessment System (PHAS) but has at least one AMP that scored less than 60 percent on its most recent Uniform Physical Condition Standards (UPCS) inspection. In this NOFO, these PHAs are referred to as “at risk.”

IMS/PIC. The Inventory Management System, also known as the Public and Indian Housing Information Center (IMS/PIC) serves as a national repository of information related to PHAs, HUD-assisted families, HUD-assisted properties, and other HUD programs for the purpose of monitoring and evaluating the effectiveness of HUD rental housing assistance programs.

IMS/PIC Development/AMP. A grouping of a PHA’s buildings as identified with the IMS/PIC development number in HUD data systems. In this NOFO, this term will sometimes be shortened to “AMP” for Asset Management Project.

Receivership PHA. A PHA of which HUD has taken possession or is under HUD’s control, or a PHA that is subject to an appointment of a receiver (which may be another PHA or a private management entity), or a PHA in which a federal court imposes a judicial receivership that is established, monitored and supervised by a federal court.

Substandard PHA. A PHA that is designated as substandard under PHAS pursuant to 24 C.F.R. 902.11 for its most recently released assessment of record.

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

Troubled PHA. A PHA that is designated as troubled under PHAS pursuant to section 6(j) of the 1937 Act for its most recently released assessment of record.

UPCS Inspection. An inspection protocol developed by HUD to evaluate if its residents live in decent, safe, and sanitary housing.

B. Authority

The following authorities apply to this NOFO:

Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (1937 Act) Consolidated Appropriations Act, 2023 (Public Law 117-328, enacted December 29, 2022) Public Housing Capital Fund Program regulations (24 CFR Part 905) including relocation requirements (24 CFR Part 905, Subparts B and C). Temporary relocation of residents must also be carried out in compliance with all applicable fair housing and nondiscrimination requirements at 24 CFR 5.105 and 24 CFR Part 5, Subpart L.

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $12,500,000 is available through this NOFO.

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

B. Number of Awards

HUD expects to make approximately 5 awards from the funds available under this NOFO.

C. Minimum/Maximum Award Information

Estimated Total Funding:

$12,500,000 Minimum Award Amount:

$250,000 Per Project Period

Maximum Award Amount:

$3,000,000 Per Project Period

D. Period of Performance

Section 9(j) of the 1937 Act applies. Unless HUD grants an obligation extension, PHAs must obligate 90 percent of the grant award within 24 months of the date the funds are made available to the PHA and expend all grant funds within 48 months after the date on which funds become available. See 24 CFR § 905.306. An obligation is a binding agreement (executed by all parties) for work or financing that will result in outlays of Capital Funds by the PHA, immediately or in the future.

Estimated Project Start Date:

10/20/2023 Estimated Project End Date:

10/01/2027 Length of Project Periods:

48-month project period and budget period

Length of Periods Explanation of Other:

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

08 (Public housing authorities/Indian housing authorities)

Additional Information on Eligibility PHAs with the legal authority to develop, own, modernize, and operate a public housing project in accordance with the 1937 Act are eligible. Tribes and tribally designated housing entities (TDHEs), nonprofit organizations, resident management corporations, and resident associations are not eligible to apply.

Eligible applicants under this NOFO are troubled, substandard, receivership or high risk PHAs, as defined in Section I.A.3, Definitions.

B. Ineligible Applicants

1. Individuals are not eligible to apply.

2. Any entity that does not meet the eligibility criteria listed above in Section III.A. is not eligible for funding.

3. Tribes and tribally designated housing entities (TDHEs), Indian Housing Authorities (IHAs), nonprofit organizations, resident management corporations, and resident associations are not eligible to apply.

C. Cost Sharing or Matching

This Program does not require cost sharing or matching.

D. Threshold Eligibility Requirements

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

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

3. Additional Program-Specific Threshold Eligibility Requirements. Applicants who fail to meet any of the following program-specific eligibility requirements will be deemed ineligible.

Applications from ineligible applicants will not be evaluated.

PHAs that are not in receivership, designated troubled or substandard, or otherwise high risk as of the application due date.

Applicants that do not submit a narrative response as described in Section IV.B.2 Format and Form and a completed form HUD-50075.1 Parts I and II including the proposed activities for this grant application for Rating Factor 3, Soundness of Approach.

Applicants that do not indicate which IMS/PIC Development AMP is proposed for funding under this grant. Note that the AMP name, number, and address(es) in the grant application must match the name, number, and address(es) in PIC. If more than one AMP is proposed in the application, the application will be ineligible.

Applicants that request less than the minimum award amount, or over the maximum award amount.

Funds provided under this NOFO may not be used at projects under Commitments to enter into Housing Assistance Payments Contracts (CHAPs) under the Rental Assistance Demonstration (RAD) as authorized under Public Law 112-55 and implementing notices.

Properties that will be converting to another federal housing assistance program, such as through a Section 18 disposition or Streamlined Voluntary Conversion, are not eligible for funding under this program. HUD shall consider ineligibility to start when an application for demolition or disposition of that AMP is submitted to HUD's Special Application Center or when a CHAP is issued. If the application is submitted or CHAP is issued after funds are awarded under this NOFO, but before the grant period ends, the AMP will no longer be eligible for this program and remaining funds will be recaptured.

E. Statutory and Regulatory Requirements Affecting Eligibility

Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs” document on HUD’s Funding Opportunities page.

Universal Identifier and System for Award Management (SAM.gov) Requirements Outstanding Delinquent Federal Debts https://www.hud.gov/grants https://www.hud.gov/grants

Debarments or Suspensions, or both Mandatory Disclosure Requirement Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Prohibition Against Lobbying Activities

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

F. Program-Specific Requirements

The following program requirements apply to this NOFO.

Advancing Racial Equity In accordance with Executive Order 13985, Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and federal fair housing and civil rights laws, you must submit a narrative demonstrating the following:

You analyzed the racial composition of the persons or households who are expected to benefit from your proposed grant activities;

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

You detailed the steps you will take to prevent, reduce or eliminate these barriers; and You have measures in place to track your progress and evaluate the effectiveness of your efforts to advance racial equity in your grant activities.

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

This narrative is required and must address the four elements outlined above and be submitted according to the instructions in Section IV.B. It will be evaluated for sufficiency and will not change the applicant’s score or rank as compared to other applicants. If the narrative is deemed insufficient, it will be a “Curable Deficiency” that will be communicated to the applicant for correction with a notice of deficiency.

Affirmative Marketing You must submit a narrative demonstrating that the housing, services, or other benefits provided under this grant will be affirmatively marketed broadly throughout the local area and nearby areas to any demographic groups that would be unlikely or least likely to apply absent such efforts. Such demographic groups may include, for example, Black and Brown persons or communities, individuals with limited English proficiency, individuals with disabilities, or families with children. Such activities may include outreach through community contacts or service providers or at community centers serving the target population; and marketing on websites, social media channels, television, radio, and print media serving local members of the targeted group. Documentation for this factor consists of a narrative describing the activities that will fulfill the factor requirements.

https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

This narrative is required and must address the issues outlined in the paragraphs above and be submitted according to the instructions in Section IV.B (Application and Submission Information, Content and Form). This narrative will be evaluated for sufficiency and will not change the applicant's score or rank as compared to other applicants. If the narrative is deemed insufficient, it will be a "Curable Deficiency" that will be communicated to the applicant for correction with a notice of deficiency.

G. Criteria for Beneficiaries.

Not applicable.

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

Instructions for Applicants All application materials, including the Application Instructions and Application Package, are available through Grants.gov. You must access and review all available application materials.

You must submit your application electronically via Grants.gov under the Funding Opportunity Number cited within this NOFO. Your application must list the applicable Funding Opportunity Number.

You can request a waiver from the requirement for electronic submission, if you demonstrate good cause. An example of good cause may include: a lack of available Internet access in the geographic area in which your business offices are located. However, lack of SAM registration or valid UEI is not a 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 you fail to submit to HUD in writing or via email a request for a waiver at least 15 calendar days before the application deadline. If HUD grants a waiver, a paper application must be received before the deadline for this NOFO. To request a waiver, you must contact:

Name:

PIH-OFO

Email:

NOFO_FY23@hud.gov HUD Organization:

PIH

Street:

City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

All communication to applicants about this NOFO will be sent from NOFO_FY23@hud.gov.

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 a Non-Curable Deficiency, unless otherwise stated under the Threshold requirements section.

1. Content

Forms/Assurances/C ertifications

Submission Requirement Notes/Description

Application for Federal Assistance

(SF-424)

Review section IV.G.

of this NOFO for detailed submission requirements.

Applicant and Recipient Assurances and Certifications

(HUD 424-B)

Review section IV.G.

of this NOFO for

Applicant/Recipient Disclosure/Update Report (HUD 2880)

Review section IV.G.

of this NOFO for requirements

Disclosure of Lobbying Activities

(SF-LLL)

Review section IV.G.

of this NOFO for detailed submission requirements.

Federally recognized Indian tribes and tribally designated housing entities (TDHEs) established by federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment, but state-recognized Indian tribes and TDHEs established only under state law shall comply with this requirement.

Annual Statement/ Performance and Evaluation Report Form HUD-50075.1 (Parts I & II)

This form may be prepared in HUD's Energy and Performance Information Center (EPIC) by authorized users, printed or saved to PDF, and included in

An example of form 50075.1 is available in PDF format at https://www.hud.gov/sites/dfiles/OCHCO/d ocuments/50075.1.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/50075.1.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/50075.1.pdf

Forms/Assurances/C ertifications

Submission Requirement Notes/Description the application and be specific for this grant application. See https://portalapps.hud.g ov/app_epic/.

Alternatively, forms can also be downloaded from HUD Clips, completed, and saved to PDF to submit with the application.

All submitted forms must include the

IMS/PIC

Development/AMP name and number.

Federal Assistance Assurances

Review section IV.G.2.

of this NOFO for

Other Application Submission Information

The following provides instructions on the organization and content of your application. It lists the narrative exhibits and attachments, and instructions for each, that are required as part of the application. All narrative exhibits, attachments, and forms are required to be submitted in your application unless otherwise indicated.

Rating Factor 3 Narrative

(6 page maximum)

A narrative statement addressing Rating Factor 3 is required of all applicants and is an eligibility requirement. The written narrative must address Rating Factor 3, Soundness of Approach, subparts B and C as outlined in Section V.A.1 of this NOFO. Applicants that do not include this narrative response will be considered ineligible and will not be scored.

Advancing Racial Equity Narrative (1 page maximum)

This is a mandatory requirement for all applications. This item is curable.

Review section III.F. of this NOFO for detailed submission requirements.

https://portalapps.hud.gov/app_epic/ https://portalapps.hud.gov/app_epic/ https://www.hud.gov/program_offices/administration/hudclips/forms/hud5

Affirmative Marketing Narrative (1 page maximum)

This is a mandatory requirement for all applications. This item is curable.

Review section III.F. of this NOFO for detailed submission requirements.

Affirmatively Furthering Fair Housing Narrative

(1 page maximum)

A narrative statement discussing how you will carry out activities under this award, if granted, in a matter that affirmatively furthers fair housing as described in Section IV G.

Any additional information provided to supplement the required forms and narratives listed above will not be evaluated. Applicants should not include inspection reports or action plans for previous Capital Fund grant awards. Supplemental materials will not be reviewed. Any material exceeding any identified page limits will not be reviewed.

2. Format and Form Narratives and other attachments to your application must follow the following format guidelines. Do not submit password protected or encrypted files.

14 Pages maximum length of narratives

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

You must prepare your completed Form HUD-50075.1 Parts I and II to include the Inventory Management System (IMS)/ PIH Information Center (PIC) Development/AMP name, number, and address(es), print or save to PDF and send with the application package. Applications that do not include this form will be considered ineligible and not scored. You may not supplement Form HUD-50075.1 with additional narrative and shall limit responses to the character limits and spacing imposed by the form.

The required narrative for Rating Factor 3, Soundness of Approach, can be no more than six pages of 12-point font.

Each of the "Additional Narratives" listed in Section IV.B.1. above are required and can be no longer than one page each of 12-point font, double-spaced.

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

1. SAM Registration Requirement You must register with https://www.sam.gov/before submitting their application. You must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which you have an active Federal award or an application or plan under consideration by HUD.

2. UEI Requirement As of April 4, 2022, entities doing business with the federal government must use the UEI created in SAM.gov. Also, you must provide a valid UEI, registered and active at www.sam.gov/ https://www.sam.gov/ http://www.sam.gov/ in the application. For more information, see: https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems- information-kit/unique-entity-identifier-update.

3. Requirement to Register with Grants.gov Anyone planning to submit applications on behalf of an organization must register at Grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization.

Registration for SAM and Grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through Grants.gov. Complete registration instructions and guidance are provided on Grants.gov.

D. Application Submission Dates and Times

1. Application Due Date Explanation The application deadline is 11:59:59 PM Eastern time on

08/21/2023 Submit your application to Grants.gov unless a waiver has been issued allowing you to submit a paper application. Instructions for submitting your paper application will be contained in the waiver of electronic submission.

“Received by Grants.gov” means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamp each application upon successful receipt by the Grants.gov system.