FY 2023 Section 202 Supportive Housing for the Elderly Program_FR-6700-N-52 (5).pdf

U.S. Department of Housing and Urban Development

Multifamily Housing

FY 2023 Section 202 Supportive Housing for the Elderly Program

FR-6700-N-52

06/20/2024

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

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:

Multifamily Housing Funding Opportunity Title:

FY 2023 Section 202 Supportive Housing for the Elderly Program Funding Opportunity Number:

FR-6700-N-52

Assistance Listing Number (formerly CFDA Number):

14.157 Due Date for Applications:

06/20/2024

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 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):

2502-0267

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The Section 202 Supportive Housing for the Elderly program provides Capital Advance funding for the development of supportive rental housing for Very-Low-Income persons aged 62 years or 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 older and project rental subsidies in the form of a Project Rental Assistance Contract (PRAC) to maintain ongoing affordability. This program provides elderly persons with the opportunity to live independently but with important voluntary support services such as nutrition, transportation, continuing education, education and outreach regarding telemarketing fraud, and/or health-related services. In addition, this NOFO includes funding to support the development of intergenerational housing for elderly caregivers raising children.

Intergenerational dwelling units are also referred to as "intergenerational housing" or “intergenerational units” in this NOFO.

Through this NOFO, HUD seeks to fund innovative Section 202 supportive housing models that will be at the forefront of design, service delivery, and efficient use of federal resources. These properties will advance housing for the elderly as a platform for living independently and aging in the community even as residents may require more assistance with activities of daily living over time. Through this NOFO, HUD seeks sponsors that:

· Will produce housing that is physically designed to promote the long-term wellness of Elderly Persons and allow them to age in place;

· Can provide a robust package of services that support the health and social well-being of Elderly Persons; and

· Leverage Capital Advance funds with other financing sources to maximize the number of units created per dollar of HUD funding.

Capital Advance funds must be used to finance construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure with or without rehabilitation. Capital Advance funds bear no interest and repayment is not required provided the housing remains available for occupancy by Very-Low-Income Elderly Persons for at least 40 years. The amount of the Capital Advance funds requested may not exceed the Total Development Cost as published by HUD (see 2023 UNIT TOTAL DEVELOPMENT COST (TDC) LIMITS. The Total Development Cost limit is determined by identifying the appropriate building type (e.g., elevator) and unit size(s) in the development proposal.

Project Rental Assistance Contracts (PRACs) funds are used to cover the difference between the tenants' contributions toward rent and the HUD approved cost to operate the project, including the cost of employing a service coordinator and HUD approved service expenses (see 24 CFR 891.205). HUD encourages applicants to use Capital Advance funds in combination with other non-Section 202 funding, but they may only be used in connection with units that will be assisted under the PRAC.

Partnerships. Sponsors/Owners are encouraged to establish formal partnerships with health and human service agencies or other organizations with a demonstrated capacity to coordinate voluntary services and support to enable individuals to live independently in the community.

In addition to local service providers, HUD encourages applicants to partner with one or more of the following State service agencies that offer tenant support:

· State Medicaid Agency

· State Developmental Disability Services Agency

· State Mental Health Authority https://www.hud.gov/sites/dfiles/PIH/documents/2023_Units_TDC_Limits.pdf

· Centers for Independent Living

Such partnerships cannot result in conditions that may violate non-discrimination requirements under any applicable Federal civil rights statutes and requirements, including Section 504 of the Rehabilitation Act (Section 504), titles II or III of the Americans with Disabilities Act (ADA), and the Fair Housing Act and their implementing regulations at 24 CFR part 8; 28 CFR parts 35 and 36; 24 CFR part 100. In addition, compliance with HUD’s Equal Access Rule requires that eligibility determinations are made regardless of actual or perceived sexual orientation, gender identity, or marital status.

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 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

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.

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. 3B: Create a More Accessible and Inclusive Housing Finance System Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

9. Strategic Goal 4: Advance Sustainable Communities Advance sustainable communities by strengthening climate resilience and energy efficiency, https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas promoting environmental justice, and recognizing housing's role as essential to health.

10. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

11. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

12. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

Applicants are expected to demonstrate in their application materials that the proposed project is:

a. Well-Managed and Financially Viable. Well-managed and financially viable projects promote successful communities and increase the supply of affordable, accessible, and healthy housing.

b. Creating Opportunities for Elderly Individuals to Age in Place. This is demonstrated through robust and varied support services to meet the needs of Elderly individuals. For projects that propose Intergenerational units, supportive services must address the needs of children being raised by an older adult.

c. Well Designed and Energy Efficient. Well-designed and energy-efficient housing advances sustainable communities by aiding in creating healthier outcomes for residents while reducing exposure to health risks and decreasing utility bills that can be found in substandard housing.

d. Energy Efficient. Energy efficiency aids in the integration of health and housing by reducing the overall effects certain energy sources may have on the environment. Energy-efficient housing also aids low-income families by reducing financial burdens through lower energy usage and billing.

e. Will Integrate Health and Housing: Residents in Section 202 Supportive Housing for the Elderly communities will benefit from the supportive services proposed in the application. The application shall demonstrate how supportive services are beneficial to the target population.

Funding Opportunity Goals- Expand the supply of affordable housing for elderly households resulting in residents achieving independent living.- Allow elderly households to age in place while having access to supportive services- Fund innovative permanent supportive housing models for elderly households that will be at the forefront of design, enhanced accessibility features, visitability, and universal design ensuring program sustainability and continuity for no less than 40 years.

3. Changes from Previous NOFO

a. This NOFO was edited to clarify that all HEROS submissions must be completed no later than the application submission deadline. The FY22 NOFO did not specify a submission deadline for

HEROS.

b. The FY22 NOFO did not require the HEROS generated confirmation as evidence of submission. This NOFO requires applicants to provide the confirmation generated by HEROS as evidence of submission.

c. This NOFO describes the Build America Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, which established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022.

d. This NOFO adds a requirement that applicants provide an Advancing Racial Equity narrative (see Section III.F).

e. This NOFO eliminates the Section 202 NOFO Toolkit.

f. This NOFO adds Preference Points for Environmental Justice and Climate Change.

f. The Rating Factors have been renamed and reorganized in this NOFO as follows:

Rating Factors FY23 NOFO Name FY22 NOFO

Rating Factor 1 Capacity (became its own rating factor. See FY22

Rating Factor 3)

Physical Design and Supportive Services. Each became its own Rating Factor.

See FY23 NOFO Rating

Factor 4 and Rating Factor 5

Rating Factor 2 Soundness of Approach (includes Neighborhood

Context and Zoning)

Market (Renamed and reorganized. See FY 23 Rating

Factor 2 – Soundness of Approach

Rating Factor 3 Project Leverage and Committed Funds

Capacity, Project Leverage, and Committed Funding

(Capacity became its own Rating Factor. See FY23

Rating Factor 1 – Capacity)

Rating Factor 4 Supportive Services (became it’s own Rating Factor. See FY22 Rating Factor 1 Physical Design and Supportive Services

Land Use/Zoning (became a part of FY23 NOFO Rating

Factor 2 – Soundness of Approach)

Rating Factor 5 Physical Design (became its own Rating Factor. See FY22 Rating Factor 1 Physical Design and Supportive Services)

There was no Rating Factor 5

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, 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 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 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:

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

(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.

Green and Resilient Building Standard means an industry-recognized standard incorporating both:

(1) Certification under (i) Enterprise Green Communities, (ii) Leadership in Energy and Environmental Design (LEED) (New Construction, Homes, Midrise, Existing Buildings Operations and Maintenance, or Neighborhood Development), (iii) International Code Council (ICC)-700 National Green Building Standard Green+ Resilience; or the (iv) Living Building Challenge, or (v) a regional standard such as Earth Advantage New Homes; or any other equivalent comprehensive green building program acceptable to HUD; and

(2) Minimum energy efficiency requirements, such as those defined in (i) ENERGY STAR (Certified Homes or Multifamily High-Rise), (ii) DOE Zero Energy Ready Home; (iii) regional or local certifications such as EarthCraft House, EarthCraft Multifamily; Greenpoint Rated New Home, Greenpoint Rated Existing Home (Whole House or Whole Building label); (iv) Passive House Institute Passive Building or EnerPHit certification from the Passive House Institute US (PHIUS), International Passive House Association.

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 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 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 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. 1101a(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.

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 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 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.

For purposes of the Section 202 Supportive Housing for the Elderly Program, the following definitions apply. In the event of any conflict between such definitions and the provisions of 24 CFR part 891, the definitions in 24 CFR part 891 shall govern. For more definitions, applicants should reference the governing statute (12 U.S.C. 1701q) and regulations at 24 CFR part 891.

Activities of daily living (ADL) means eating, dressing, bathing, grooming, and household management activities, as further described below:

(1) Eating —May need assistance with cooking, preparing, or serving food, but must be able to feed self;

(2) Bathing —May need assistance in getting in and out of the shower or tub, but must be able to wash self;

(3) Grooming —May need assistance in washing hair, but must be able to take care of personal appearance;

(4) Dressing —Must be able to dress self, but may need occasional assistance; and

(5) Home management activities —May need assistance in doing housework, grocery shopping, laundry, or getting to and from activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices.

Child. For intergenerational dwelling units, the term ‘‘child’’ means an individual who— (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age 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

Elderly Person is a household composed of one or more persons at least one of whom is 62 years of age or older at the time of occupancy.

Grandparent. With respect to a child, an individual who is a grandparent or step-grandparent of the child by blood or marriage, regardless of the age of such individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or step-grandparent of the child as adopted.

Instrumental Activities of Daily Living (IADLs) means activities related to living independently in the community, including but not limited to, meal planning and preparation;

managing finances; shopping for food, clothing, and other essential items; performing essential household chores; communicating by phone or other media; and traveling around and participating in the community.

Intergenerational Dwelling Unit. Per definitions in the LEGACY Act of 2003 (Pub. L. 108- 186, sec. 202; 12 U.S.C. 1701q note), an intergenerational dwelling unit is a qualified dwelling unit that is reserved for occupancy only by an intergenerational family. An intergenerational family is a family that (a) includes a child and (b) has a head of household who is either a grandparent of the child who is raising the child or other relative of the child who is raising the child. The head of household must be an elderly person.

Intergenerational Family is a family that (a) includes a child and (b) has a head of household who is either a grandparent of the child who is raising the child or a relative of the child who is raising the child. The head of household must be an elderly person.

Operating Costs are HUD-approved costs relating to the provision of housing and include administrative expenses (including the coordination of services), maintenance expenses, security expenses, utilities expenses, taxes and insurance, allowances for reserves, and allowances for services for the elderly. Operating costs do not include payments toward debt service. PRAC rents are established based on the Operating Cost Standards (OCS) listed in Appendix A.

Owner. An Owner, pursuant to 12 USC 1701q, is defined as a “private nonprofit organization that receives assistance under this section to develop and operate supportive housing for the elderly."

Project Rental Assistance Contract (PRAC) is the contract entered into by the Owner and HUD setting forth the rights and duties of the parties under the contract with respect to project rental assistance payments.

Raising a child. With respect to an individual, that the individual--(A) resides with the child;

and (B) is the primary caregiver for the child--(i) because the biological or adoptive parent of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child.

Relative. (A) In general.--The term ``relative'' means, with respect to a child, an individual who- -(i) is not a parent of the child by blood or marriage; and (ii) is a relative of the child by blood or marriage, regardless of the age of the individual.(B) Case of adoption.--In the case of a child who was adopted, the term ``relative'' includes an individual who, by blood or marriage, is a relative of the family who adopted the child.

Sponsor means any private nonprofit entity, including a consumer cooperative meeting the requirements of 24 CFR 891.205 . Sponsor refers to either a Sponsor or a Co-Sponsor. The Sponsor must be approved by the Secretary of HUD as to the administrative and financial capacity and responsibility to receive an award under this NOFO. A Sponsor that has one or more Section 202 projects under reservation, construction, or management in two or more different HUD geographical regions is a National Sponsor. (See a map of HUD regions here:

https://www.hud.gov/localoffices/regions.

Very-Low-Income means household income that does not exceed 50 percent of the median family income for the area. See HUD’s Income Limits website (https://www.huduser.gov/portal/datasets/il.html). Click on the button for the most recent year (at the time of work in a unit being done) and, for that year, click the Data tab, and then click the link for MS EXCEL in “Data for Section 8 Income Limits in MS EXCEL”. The spreadsheet has a national list by state, metro area, and county or town name, and shows, in columns labeled I50_1 through I50_8, incomes that are 50 percent of the median family income for the area for families of sizes 1 through 8.

B. Authority The Section 202 Supportive Housing for the Elderly Program is authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625), and any subsequent amendments. This authority provides for Capital Advances, project rental assistance contracts, amendments to contracts for project rental assistance, and the renewal of expiring contracts for such assistance, for supportive housing for the elderly. The funding for this NOFO is provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022) and the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $115,000,000 is available through this NOFO. Subject to appropriations, HUD reserves the right to award fiscal year 2024 funds based on this NOFO competition.

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.

Of this funding, up to $25 million of FY 2023 funds and up to $10 million of FY 2022 funds is available to support the development of inter-generational dwelling units for elderly grandparents or relatives as defined in the LEGACY Act of 2023 (Title II of Public Law 108- 186; 12 U.S.C. 1701q note).

B. Number of Awards HUD expects to make approximately 20 awards from the funds available under this NOFO.

https://www.hud.gov/localoffices/regions https://www.huduser.gov/portal/datasets/il.html

The precise number of awards will depend on the nature of the applications reviewed and the total available funds.

C. Minimum/Maximum Award Information Maximum Capital Advance Award Amount: The amount of the Capital Advance funds for each award may not exceed the Total Development Cost (TDC) of the project (as determined by HUD), less the incremental development cost(s) associated with excess amenities and design features to be paid for by other source(s).

Minimum Capital Advance Award Amount: $1

In order to receive a PRAC, you must request at least the minimum Capital Advance Award amount of $1.

Maximum Capital Advance Fund Award Amount. Applicants will include the requested Capital Advance funds in the SF424 and in the Development Budget (Section III.F.4.). The amount of the Capital Advance funds requested may not exceed the Total Development Cost as published by HUD (see https://www.hud.gov/sites/dfiles/PIH/documents/2023_Units_TDC_Limits.pdf). The Total Development Cost limit is determined by identifying the appropriate building type (e.g., elevator) and unit size(s) in the development proposal.

Project Rental Assistance Contract (PRAC) Funds. Project rental assistance funds is the difference between the total tenant payment and HUD-approved operating expenses. The total tenant payment can vary from tenant to tenant, as stated in 12 USC 1701q(c)(3) and 24 CFR 5.628.

Development Cost Limitations. The amount of the Capital Advance funds requested may not exceed the Total Development Cost as published by HUD at 2023 UNIT TOTAL DEVELOPMENT COST (TDC) LIMITS. The development cost limit is determined by identifying the appropriate building type (elevator, non-elevator) and unit size(s) in the development proposal.

NOTE: HUD will permit the subordination of Capital Advance fund recorded documents, except for the Capital Advance Fund Use Agreement, to other financing liens on a case-by-case basis for good cause to facilitate a mixed-finance transaction. More details about mixed-finance development in the Section 202 program can be found at 24 C.F.R. Part 891, sub-part F, entitled

“For-Profit Limited Partnerships and Mixed-Finance Development for Supportive Housing for the Elderly or Persons with Disabilities.”

Project Awards. The information below refers to the estimated sum of funds awarded for each selected application for the Capital Advance funds and the initial 12-month term of the PRAC.

Limitation on Use of Funds. No assistance received under this NOFO may be used to replace other State or local funds previously used, or designated for use, to assist persons who are elderly.

The Project Start Date is the estimated date of the Agreement Letter and the Project End Date is the expiration of the first year of operations pursuant to a PRAC. These dates are estimates https://www.hud.gov/sites/dfiles/PIH/documents/2023_Units_TDC_Limits.pdf https://2023%20UNIT%20TOTAL%20DEVELOPMENT%20COST%20(TDC)%20LIMITS https://2023%20UNIT%20TOTAL%20DEVELOPMENT%20COST%20(TDC)%20LIMITS only and will be adjusted depending on the actual date of the award commitment letter and the Length of the Project Period.

Estimated Total Funding:

$115,000,000 Minimum Award Amount:

$1 Per Project Period

Maximum Award Amount:

$20,000,000 Per Project Period

D. Period of Performance HUD considers the funds obligated when HUD issues the Agreement Letter which stipulates the terms and conditions of the Section 202 fund reservation. No later than 180 days after accepting the Agreement Letter, awardees are required to submit a Firm Commitment Application.

Awardees should begin working on the Firm Commitment application as soon as they accept the Agreement Letter. HUD expects Sponsors to have commitments for all funds and required permits no later than 12 months following the acceptance of the Agreement Letter. Initial closing of the Capital Advance funding and start of construction are expected to be accomplished within 6-8 months after acceptance of the Agreement Letter.

Step Timing

Step Timing Agreement Letter is accepted 5-30 days after awards are made Applicant submits Firm Commitment application 180 days after acceptance of Agreement Letter

Sponsor has commitments for all funds and has required permits 12 months after acceptance of Agreement Letter

Initial closing of the Capital Advance and/or start of construction

No longer than 24 months after acceptance of Agreement Letter or up to 36 months, as approved by HUD on a case-by-case basis.

HUD reserves the right to revoke all award funds when it believes they are at risk of not being expended within the established deadlines. HUD reserves the right to make, but does not anticipate making, amendments to address gaps in financing. In planning your development, you should assume the Capital Advance funding amount awarded is the total of Capital Advance funds available for a specific project, and in the event that costs increase, you must secure other financing sources.

Immediately upon an applicant’s acceptance of the Agreement Letter, the applicant is expected to begin working towards the submission of a Firm Commitment Application, which is the next application submission stage and is due 180 days after acceptance of the Agreement Letter.

Preliminary Approval. All Agreement Letters will incorporate the recipient's responsibilities and will stipulate that a Section 202 Fund Reservation award constitutes preliminary approval of an application; that a Section 202 Fund Reservation award does not constitute an approval of the site, which may occur only upon completion of HUD's environmental review and notification of approval. If HUD finds the site acceptable but only with mitigation, and the Applicant cannot meet the mitigation requirements, or if HUD determines that even with mitigation the site is unacceptable, the Section 202 Fund Reservation award may be terminated.

Award Termination. HUD reserves the right to rescind and award funds to other eligible applicants if HUD reasonably believes that awarded funds are at risk of not being expended within the applicable deadlines.

The Project Start Date is the estimated date of the Capital Advance Award Agreement Letter, and the Project End Date is the expiration of the first year of operations pursuant to a PRAC.

These dates are estimates only and will be adjusted depending on the actual date of the Award commitment letter and the Length of the Project Period..

Estimated Project Start Date:

02/20/2025 Estimated Project End Date:

02/19/2027 Length of Project Periods:

24-month project period and budget period

Length of Periods Explanation of Other:

The project period consists of the time from award through construction completion, with no less than 12-months of operations under a PRAC.

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant) Capital Advance Funding Note and Project Rental Assistance Contract (PRAC).

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education)

13 (Nonprofits without 501(c)(3) status with the IRS, other than institutions of higher education)

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

Additional Information on Eligibility A. Eligible Applicants-Non-profit Status.

Under Tab A, you must document your status as a private nonprofit organization (see 24 CFR 891.205) or as a mixed-finance limited partnership with one or more private non-profit organizations serving as the general partner (see 24 CFR 891.805). Applicants and any other organization(s) that is co-sponsoring the application must submit the following:

a. Articles of Incorporation, Constitution, Resolutions or other organizational documents;

b. By-laws;

c. A graphic organizational chart indicating the relationship among parties and a list of the applicants’ officers; and

d. Current valid IRS tax exemption determination letter (including churches).

HUD will review the applicant's 501(c)(3) or 501(c)(4) determination letter from the IRS, Articles of Incorporation, Constitution, By-Laws, organizational chart, or other organizational documents to determine, among other things, that:

• The applicant is an eligible private nonprofit entity and not a public body;

• The applicant's corporate purposes are sufficiently broad to provide the legal authority to sponsor the proposed project and to apply for Capital Advance funds and PRAC funds,

• Language is included in the documents stating that no part of the net earnings inures to the benefit of any private party, and

• The applicant is not controlled by, or under the direction of, persons seeking to derive profit or gain therefrom.

Faith-based organizations

(1) Faith-based organizations may apply for this award on the same basis as any other organization, as set forth at 24 CFR 5.109, and subject to the protections and requirements of 42 U.S.C. 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an organization based on the organization's religious character, affiliation, or exercise.

(2) A faith-based organization that participates in this program will retain its independence and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law, including the Free Speech and Free Exercise Clauses of the Constitution, 42 U.S.C. 2000bb et seq., 42 U.S.C. 238n, 42 U.S.C. 18113, 42 U.S.C. 2000e-1(a) and 2000e-2(e), 42 U.S.C. 12113(d), and the Weldon Amendment, among others. Religious accommodations may also be sought under many of these religious freedom and conscience protection laws, particularly under the Religious Freedom Restoration Act.

(3) A faith-based organization may not use direct financial assistance from HUD to support or engage in any explicitly religious activities except where consistent with the Establishment Clause and any other applicable requirements. Such an organization also may not, in providing services funded by HUD, discriminate against a beneficiary or prospective program beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.

B. Ineligible Applicants Individuals or any entity not listed above as an Eligible Applicant are ineligible to apply under this NOFO.

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-VIII/…