FUP-NOFO_FR-6800-N-84.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

FY 2024 Family Unification Program Notice of Funding Opportunity

FR-6800-N-84

10/30/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Public and Indian Housing

Funding Opportunity Title:

FY 2024 Family Unification Program Notice of Funding Opportunity Funding Opportunity Number:

FR-6800-N-84

Assistance Listing Number:

14.880 Due Date for Applications:

10/30/2024

OVERVIEW

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

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

1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants who have applied for assistance.

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

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

OMB Control Number(s):

2577-0169

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

Overview. The Family Unification Program (FUP) is a program under section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) through which public housing authorities (PHAs) that partner with public child welfare agencies (PCWAs) provide Housing Choice Voucher (HCV) assistance to two groups:

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

1. Families for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care; or the delay in the discharge of the child, or children, to the family from out-of-home care; and

2. Youth at least 18 years and not more than 24 years of age (have not reached their 25th birthday) who left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and are homeless or are at risk of becoming homeless at age 16 or older.

There is no time limit on FUP vouchers issued to families. As required by statute, FUP vouchers issued to youth are limited to 36 months unless the youth meets the requirements to receive an extension of assistance under the Fostering Stable Housing Opportunities (FSHO) amendments (Section 103 of Division Q of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260)).

FSHO amended section 8(x) of the U.S. Housing Act of 1937 and provides FUP youth an extension of the 36-month time limit for up to an additional 24 months if they meet certain requirements. FSHO applies to FUP youth who first leased or lease a unit after the date of enactment of FSHO, December 27, 2020, which includes youth who will be assisted with funding under this NOFO. HUD published an FSHO implementation notice in the Federal Register on January 24, 2022 (87 FR 3570).

Under section 8(o)(13)(O) of the U.S. Housing Act of 1937, PHAs may project-base FUP assistance. HUD implemented this provision in its January 18, 2017 Housing Opportunity Through Modernization Act (HOTMA) implementation notice (82 FR 5458), and provided further guidance in its Notice PIH 2017-21. In addition, HUD's FSHO implementation notice implemented the exceptions to the project-based voucher (PBV) program cap and project cap that apply to FUP PBV units that are limited to FUP youth. On May 7, 2024, HUD published the HOTMA Voucher Final Rule (89 FR 38224) which codifies both of these provisions.

2. HUD and Program-Specific Goals and Objectives

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

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

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

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

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.

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.

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

Policy Priorities.

1. Increase coordination among PHAs, PCWAs, and Continuums of Care (CoCs);

2. Leverage data to strategically target and prioritize the use of resources for eligible families and youth;

3. Strengthen connections to the HUD Family Self-Sufficiency (FSS) Program or similar programs promoting self-sufficiency; and

4. Increase access to supportive services.

3. Changes from Previous NOFO

The following changes have been made from the last FUP NOFO (i.e., the Fiscal Year (FY)

2022 FUP NOFO):

1. Definitions. The definition of “homeless” has been revised to reflect the changes made to the definition of “homeless” in section 103(b) of the McKinney-Vento Homeless Assistance Act by section 605 of the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022).

2. Memorandum of Understanding (MOU). Instead of submitting a new MOU that was executed between the publication date and the application deadline of this NOFO, a PHA may submit an MOU that was executed prior to the NOFO publication date that meets the requirements of Section III.F.5. of this NOFO along with a signed certification by the official representatives of the PHA, PCWA (and PCWA contractor organization, if applicable), and CoC that the MOU is still in effect and is the most recent and current

MOU.

3. Program-Specific Requirements. The PHA must provide written narratives describing how it will advance racial equity in its proposed award activities as well as its experience promoting racial equity, in accordance with the instructions provided in Section III.F of this NOFO. These narratives are in addition to the Affirmatively Furthering Fair Housing (AFFH) narrative required in Section III.F. of this NOFO.

4. Maximum Award Amount. The maximum award amount has been increased from $1,200,000 to $1,700,000.

5. Eligibility Information. Where a PHA will administer the vouchers on behalf of another PHA, or where two or more PHAs will share in the administration of the vouchers, all PHA parties must sign the MOU and the agreement to administer the vouchers on behalf of the applicant PHA or the agreement to share in the administration of the vouchers.

These signed documents must be included in the application package.

6. Rating Factors. Rating Factor 3 requires the submission of supporting documentation, which may be in the form of a previously executed MOU. If the applicant is submitting an MOU to receive points for Rating Factor 3, the MOU must clearly be identified as such. If the applicant is submitting a previously executed MOU in order to meet the MOU requirement in Section III.F.5. of this NOFO, it may also use the same MOU as supporting documentation under Rating Factor 3. However, if the applicant is submitting a different MOU to receive points for Rating Factor 3, the MOU must clearly be identified as such.

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.

https://www.ecfr.gov/current/title-24/subtitle-A/part-91

This plan is completed by engaging in a participatory process to assess affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

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

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

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

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

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

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

• Not influence how an applicant is ranked or scored versus other applicants; and

• Be remedied within the time frame specified in the notice of deficiency.

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

E-Business Point of Contact (E-Biz POC) is an individual associated with the applicant organization who is responsible for the administration and management of award activities for the applicant organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing environmental laws and policies in a manner that advances equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 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

CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how Federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

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

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

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

(1)

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

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

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

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

(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.

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.

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 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

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.

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

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

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

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

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

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

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

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

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

b. Program Definitions.

At Risk of Becoming Homeless refers to the population included in the definition of the term “At Risk of Homelessness” at 24 CFR 576.2; and this NOFO emphasizes the following:

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

(1) An individual or family who […]

(iii) Meets one of the following conditions:

(A) Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance;

(B) Is living in the home of another because of economic hardship;

(C) Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days of the date of application for assistance;

(D) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals;

(E) Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau;

(F) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or

(G) Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved consolidated plan;

(2) A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C.

5732a(3)), section 637(11) of the Head Start Act (42 U.S.C. 9832(11)), section 41403(6) of the Violence Against Women Act of 1994 (formerly 42 U.S.C. 14043e–2(6)), transferred to 34 U.S.C. 12291, section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or

(3) A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him.

Community is a self-organized network of people in a defined geographic area with common agenda, cause, or interest, who collaborate by sharing ideas, information, and other resources.

Continuum of Care (CoC) is the group organized to carry out the responsibilities required under 24 CFR part 578 and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

FUP-Eligible Family means a family that the PCWA has certified as a family for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care, or in the delay of discharge of a child, or children, to the family from out-of-home care.

FUP-Eligible Youth means a youth that the PCWA has certified to be at least 18 years and not https://www.govinfo.gov/link/uscode/42/5732a https://www.govinfo.gov/link/uscode/42/5732a https://www.govinfo.gov/link/uscode/42/9832 https://www.govinfo.gov/link/uscode/42/14043e-2 https://www.govinfo.gov/link/uscode/42/254b https://www.govinfo.gov/link/uscode/7/2012 https://www.govinfo.gov/link/uscode/42/1786 https://www.govinfo.gov/link/uscode/42/11434a https://www.govinfo.gov/link/uscode/42/11434a more than 24 years of age (has not reached their 25th birthday) who left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and is homeless or is at risk of becoming homeless at age 16 or older.

Eligibility is not limited to single persons. Pregnant and/or parenting youth are eligible to receive FUP assistance assuming they otherwise meet FUP and HCV eligibility requirements.

Homeless has the meaning provided in 42 U.S.C. 11302. The term “homeless” means:

(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence;

(2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);

(4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided;

(5) an individual or family who—

(A) will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by—

(i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days;

(ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or

(iii) credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than 14 days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evidence for purposes of this clause;

(B) has no subsequent residence identified; and

(C) lacks the resources or support networks needed to obtain other permanent housing; and

(6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who—

(A) have experienced a long term period without living independently in permanent housing,

(B) have experienced persistent instability as measured by frequent moves over such period, and

(C) can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.

Domestic violence, dating violence, sexual assault, stalking, and other dangerous, traumatic, or life-threatening conditions relating to such violence Notwithstanding any other provision of this section, the Secretary shall consider to be 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.

Lack of Adequate Housing means a family meets any one of the following conditions:

• Living in substandard housing;

• Homeless;

• Living in an overcrowded unit;

• Living in a unit where the presence of a household member with certain characteristics

(e.g., conviction for certain criminal activities) would result in the imminent placement of the family’s child, or children, in out-of-home care; or the delay in the discharge of the child, or children, to the family from out-of-home care; or

• Living in housing not accessible to the family’s child or children with a disability due to the nature of the disability.

Living in Overcrowded Housing refers to a family living in a unit where one of the following conditions has been met:

• The family is separated from its child (or children) and the parent(s) are living in an otherwise standard housing unit, but, after the family is re-united, the parents’ housing unit would be overcrowded for the entire family and would be considered substandard; or

• The family is living with its child (or children) in a unit that is overcrowded for the entire family and this overcrowded condition may result, in addition to other factors, in the imminent placement of its child (or children) in out-of-home care.

For purposes of the above paragraph, the determination whether the unit is “overcrowded” must be in accordance with PHA subsidy standards.

Public Child Welfare Agency (PCWA) is the agency that is responsible under applicable State law for determining that a child is at imminent risk of placement in out-of-home care or that a child in out-of-home care under the supervision of the public agency may be returned to his or her family, or that a youth is at least 18 years and not more than 24 years of age and left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act, and is homeless or is at risk of becoming homeless at age 16 or older. For states that have privatized child welfare, the agency designated to conduct child welfare on behalf of the state may be considered a PCWA.

Substandard Housing refers to a unit where the family lives that meets any one of the following conditions:

• Does not have operable indoor plumbing;

• Does not have a usable flush toilet inside the unit for the exclusive use of the family;

• Does not have a usable bathtub or shower inside the unit for the exclusive use of the family;

• Does not have electricity, or has inadequate or unsafe electrical service;

• Does not have a safe or adequate source of heat;

• Should, but does not, have a kitchen;

• Has been declared unfit for habitation by an agency or unit of government, or in its present condition otherwise endangers the health, safety, or well-being of the family; or

• Has one or more critical defects, or a combination of intermediate defects in sufficient number or to the extent that it requires considerable repair or rebuilding. The defects may result from original construction, from continued neglect or lack or repair, or from serious damage to the structure.

Per Unit Cost (PUC) is the value of the voucher identified by HUD for the PHA. The value is based on each PHA's expenses and Unit Months Leased (UMLs). Average Per Unit Cost = Total Housing Assistance Payments (HAP) / Total UMLs. For previous years, average PUC is calculated as 12 months HAP Expenditures / 12 months UMLs. For the current year, PUC is equivalent to YTD PUC (i.e., Calculated based on total monthly HAP Expenditures to date at analysis level divided by the total monthly UMLs to date.)

B. Authority FUP is authorized by Section 8(x) of the United States Housing Act of 1937 (42 U.S.C.

1437f(x)). Funding for this NOFO is provided by the Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024) ("2024 Act") and the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved on December 29, 2022) (“2023 Act”).

The 2024 Act also made available $25 million for incremental voucher assistance for FUP youth.

HUD makes FUP assistance that is targeted to FUP youth available through the Foster Youth to Independence (FYI) initiative. In accordance with the 2024 Act, HUD will make these funds available on a non-competitive basis. HUD makes FYI vouchers available on a non-competitive basis through Notice PIH 2023-04, if it determines that the notice provisions remain consistent with the requirements in the relevant appropriations act governing FYI assistance. HUD has made this determination with respect to Notice PIH 2023-04 and the 2024 Act.

II. AWARD INFORMATION

A. Available Funds Funding of approximately $5,030,814 is available through this NOFO. Subject to appropriations, HUD reserves the right to award fiscal year 2025 funds based on this NOFO competition.

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

Funding of approximately $5,030,814 includes $5,000,000 of fiscal year 2024 funds and $30,814 of fiscal year 2023 funds.

As mentioned above, subject to appropriations, HUD reserves the right to fund applicants to this NOFO using FY 2025 funds to the extent Congress provides funding for new incremental voucher assistance under the Family Unification Program (FUP) authorized under Section 8(x) of the U.S. Housing Act of 1937 (42 U.S.C. 1437f(x)). Use of these funds might be subject to statutory constraints or other requirements. Should funding made available by the FY 2025 appropriations add additional requirements or conditions on the receipt of this funding, HUD will publish a revised NOFO setting forth applicable requirements and deadlines. Otherwise, all awards will be subject to the funding restrictions contained in this NOFO.

HUD also reserves the right to re-open this NOFO with a new due date for the purpose of awarding FY 2025 and prior-year funds, as applicable.

B. Number of Awards HUD expects to make approximately 10 awards from the funds available under this NOFO.

This estimate is subject to change based on the number and characteristics of the applications received.

C. Minimum/Maximum Award Information Minimum Award The minimum award is 3 vouchers. As a result, a PHA may apply for no fewer than 3 vouchers.

HUD is not assigning a value floor to the minimum award. Instead, the corresponding value floor is tied to the PHA-specific Per Unit Cost (PUC). For PHAs that currently administer the FUP, the FUP PUC will be used. For PHAs that do not currently administer FUP, the PHA’s overall PUC will be used.

Maximum Award The maximum award will be based upon the size of the PHA’s voucher program and the identified need for such vouchers (i.e., the number of vouchers projected to be needed to assist FUP-eligible families and FUP-eligible youth over a 12-month period) as reported in Field F of form HUD-52515 consistent with the following table:

PHA voucher program size Maximum voucher award under this

NOFO

Fewer than 500 HCVs 25 vouchers* 500 – 1,999 HCVs 50 vouchers* 2,000 or more HCVs 75 vouchers*

*Or identified need, if lower than the indicated cap.

Partnering PHAs. If the applicant PHA will formally partner with another PHA that will administer the vouchers on behalf of the applicant PHA (where the partner PHA is not applying for FUP vouchers), the maximum award will be based on the size of the applicant PHA’s voucher program or the applicant PHA’s identified need for such vouchers, if lower than the indicated cap.

Multiple PHA Administrators. Where two or more PHAs will share in the administration of the vouchers, the maximum award will be based on the size of the lead PHA’s voucher program or the identified need for the shared jurisdiction, if lower than the indicated cap.

The maximum award of vouchers to a PHA will not exceed $1,700,000. The value of the voucher is dependent on the PUC identified by HUD for the PHA. For PHAs that currently administer the FUP, the FUP PUC will be used. Where a PHA’s PUC and maximum voucher award would result in exceeding the maximum award amount, the PHA’s award will be capped at the maximum award amount. For example, a PHA with an estimated FUP PUC of $25,000 and a maximum voucher award of 75 vouchers would exceed the maximum award amount by $175,000. This applicant would be eligible to receive no more than 68 vouchers before taking in to account the applicant’s score and any additional proration.

Estimated

FUP PUC

Maximum Voucher Award

Estimated FUP PUC x Maximum Voucher Award

Maximum Award Amount

Maximum Award Amount/Estimated

FUP PUC

Maximum Voucher Award for

PHA

$25,000 75 Vouchers

$1,875,000 $1,700,000 68 68 Vouchers

Within the minimum and maximum award thresholds, HUD will allocate vouchers according to the selection process described in Section V.B.

Awards may be prorated if funding has been exhausted before making awards to all of the highest scoring applications.

If, as a result of implementing the maximum voucher or award amount thresholds, additional funds remain, HUD may decide to increase the maximum voucher and/or award amount thresholds by the rate necessary to expend the remaining funds.

Estimated Total Funding:

$5,030,814 Minimum Award Amount:

$0 Per Project Period

Maximum Award Amount:

$1,700,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

05/01/2025 Estimated Project End Date:

04/30/2026

Length of Project Periods:

12-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 25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility Eligible Applicants

1. Only PHAs that have an existing Annual Contributions Contract (ACC) with HUD for the HCV program are eligible to apply for funding under this announcement.

2. PHAs wishing to share the administration of the program with another PHA may apply jointly; however, the Annual Contributions Contract (ACC) will be solely with the lead PHA applicant and all reporting must be submitted by the lead PHA applicant. The maximum number of vouchers will be based on the lead PHA's voucher program size or the identified need for the shared jurisdiction, if lower than the indicated cap, in accordance with Section II.C. of this NOFO. The agreement to share in the administration of the vouchers must be included in the application package.

3. If the applicant PHA will formally partner with another PHA that will administer the vouchers on behalf of the applicant PHA (where the partner PHA is not applying for FUP vouchers), the Annual Contributions Contract (ACC) will be solely with the applicant PHA and all reporting must be submitted by the applicant PHA. The maximum number of vouchers will be based on the size of the applicant PHA’s voucher program or the applicant PHA’s identified need for such vouchers, if lower than the indicated cap. The agreement to administer the vouchers on behalf of the applicant PHA must be included in the application package.

4. Eligible PHAs must have demonstrated a commitment to administer FUP, which shall be verified by an executed Memorandum of Understanding (MOU) among the PHA(s), PCWA, and CoC that meets the requirements of Section III.F.5. of this NOFO.

5. HUD will only consider funding one application per PHA. This one-application limit applies regardless of whether the PHA is a State or regional PHA. In instances where a PHA has more than one PHA code number due to its operating under the jurisdiction of more than one HUD Field Office, a separate application, under each code, shall be considered for funding with the cumulative total of vouchers applied for under the applications not to exceed the maximum number of vouchers the PHA is eligible to apply for under this NOFO (i.e., no more than the number of vouchers the same PHA would be eligible to apply for if it had only one PHA code number).

B. Ineligible Applicants During previous FUP competitions, HUD has received applications from individuals; PHAs that administer a public housing program but do not have an existing ACC with HUD for HCVs; and other entities ineligible to receive funding.

HUD will not evaluate applications from ineligible applicants. Ineligible applicants will not receive communications from HUD regarding their application.

A contract administrator that does not have an ACC with HUD for HCVs, but constitutes a PHA under 24 CFR 982.4 by reason of its administering HCVs on behalf of another PHA, is not eligible to submit an application under this NOFO.

Nonprofit administrators of HCV Mainstream assistance, which by statute are classified as PHAs solely for the purpose of administering HCV Mainstream assistance, are also ineligible to submit an application under this NOFO.

Families or youth that believe they are eligible to participate in the FUP should contact their local PHA, PCWA, or CoC for assistance.

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. Failure to Submit a Memorandum of Understanding (MOU)

Applicants must submit an MOU executed by the official representatives of the PHA, PCWA, and CoC that meets the requirements of Section III.F. of this NOFO. If a PCWA is authorized under State law to contract out its functions and it has done so, both the official representative of the PCWA and the official representative of the contractor organization must sign the MOU.

Where a PHA will administer the vouchers on behalf of another PHA, or where two or more PHAs will share in the…