FY17 N-21-C FHIP PEI Modified.pdf

U.S. Department of Housing and Urban Development

Fair Housing - Equal Opportunity

Fair Housing Initiatives Program - Private Enforcement Initiative

FR-6100-N-21C

Application Due Date: 10/06/2017

Signature Date

Fair Housing Initiatives Program - Private Enforcement Initiative

FR-6100-N-21C

TABLE OF CONTENTS

I. Funding Opportunity Description.

II. Award Information.

III. Eligibility Information.

A. Eligible Applicants.

B. Cost Sharing or Matching.

C. Other.

IV. Application and Submission Information.

A. Obtaining an Application Package.

B. Content and Form of Application Submission.

C. System for Award Management (SAM) and Dun and

Bradstreet Universal Numbering System (DUNS) Number.

D. Application Submission Dates and Times.

E. Intergovernmental Review.

F. Funding Restrictions.

G. Other Submission Requirements.

V. Application Review Information.

A. Criteria.

B. Review and Selection Process.

C. Anticipated Announcement and Award Dates.

VI. Award Administration Information.

A. Award Notices.

B. Administrative, National and Departmental Policy R equirements.

C. Reporting.

VII. Agency Contact(s).

VIII. Other Information.

IX. Appendix.

U.S. Department of Housing and Urban Development

Program Office: Fair Housing - Equal Opportunity Funding Opportunity Title: Fair Housing Initiatives Program -

Private Enforcement Initiative Announcement Type: Initial Funding Opportunity Number: FR-6100-N-21C Primary CFDA Number: 14.418 Due Date for Applications: 10/06/2017

Overview For Further Information Contact: Please direct questions regarding the specific program requirements of this Program Notice of Funding Availability (NOFA) to the agency contact identified in Section VII. Please direct general questions regarding the FY2017 NOFAs to the Office of Strategic Planning and Management, Grants Management and Oversight Division, at AskGMO@hud.gov.

Additional Overview Information

Incorporation of the General Section. HUD publishes a General Section each fiscal year that contains requirements for all applicants to HUD’s various competitive grant programs, including this NOFA. Applications must meet all of the requirements of the General Section in addition to the requirements of this NOFA to be considered and potentially receive funding. The full title of the General Section is the General Section to HUD's Fiscal Year 2017 Notices of Funding Availability for Discretionary Programs. Copies are available at Grants.gov and HUD's Funds Available page.

1. Participative Planning and Implementation. HUD encourages applicants to ensure, where applicable, public decision making and meaningful participation throughout the visioning, development, and implementation of funded projects. HUD encourages applicants to work with all residents of affected areas, especially communities traditionally marginalized from planning processes. In seeking public participation, applicants and grantees must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Executive Order 13166 require that grantees take responsible steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons).

2. OMB Approval Number(s): 2529-0033

I. Funding Opportunity Description.

mailto:AskGMO@hud.gov https://www.grants.gov https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail

A. Program Description.

1. Purpose and Summary.

This NOFA is modified to extend the application due date to October 6, 2017 for all applicants. The remaining NOFA content is unchanged.

The Fair Housing Initiatives Program (FHIP) funds fair housing organizations and other non-profits that assist individuals who believe that they have been victims of housing discrimination.

FHIP provides funds to eligible organizations through competitive grants under three initiatives to carry out enforcement activities to prevent or eliminate discriminatory housing practices and inform individuals of their rights and responsibilities under the Fair Housing Act. The Initiatives are: the Fair Housing Organization Initiative (FHOI), Private Enforcement Initiative (PEI) and the Education and Outreach Initiative (EOI). Each Initiative is posted under a separate NOFA.

This NOFA will receive applications for PEI only.

2. Changes from Previous NOFA.

a. Multi-Year (-MY) Funding. FHIP is maintaining the funding level of $300,000 for all FY 2017 grantees. In addition, prior year PEI-MY grants will be funded at the $300,000 level.

b. NOFA Priorities. For FY2017, the Department has eliminated NOFA priority points.

Please see page 1 of the General Section to HUD’s FY2017 Notice of Funding Availability for Discretionary Programs (General Section) for additional information.

c. Preference Points. For FY2017, the Department has renamed bonus point to Preference Points. Please see page 1 of the General Section to HUD’s FY2017 Notice of Funding Availability for Discretionary Programs (General Section) for additional information.

d. Section III.E.2 Program Specific Requirement. This provision is revised to add language for improved clarity regarding FHIP grants and beneficiary income restrictions.

e. Section III.E.7 and 8 Program Specific Requirements. New provisions are added detailing staffing and other requirements to clarify staffing and other eligibility of parent and affiliate organizations.

f. Section IV.F – Funding Restrictions. A provision has been added to clarify the number of awards that an applicant may receive under a single component.

g. Section V.B – Review and Selection Process. A new section, entitled “Assessing Applicant Risk” has been added to comply with 2 CFR Part 200 and General Section requirements.

h. Section V.A – Review Criteria. Review Criteria rating factor points are restructured to include a greater emphasis on the capacity of the Applicant Staffing and Organizational Experience to ensure improve accountability for eligibility for a grant funding award.

3. Definitions.

a. Standard Definitions

Analysis of Impediments to Fair Housing Choice (AI) is a review of impediments or barriers that affect the rights related to fair housing choice, and pertains to program participants in jurisdictions operating under a current Consolidated Plan and public housing agencies operating under a PHA Plan.

Assessment of Fair Housing (AFH) is the analysis undertaken pursuant to 24 CFR 5.154. AFH includes an analysis of fair housing data, an assessment of fair housing issues and contributing factors, the prioritization of contributing factors, and the identification of fair housing goals. It is conducted and submitted to HUD using the Assessment Tool. Entities obligated to prepare and submit an AFH are: (1) Jurisdictions and Insular Areas that are required to submit Consolidated Plans for the following programs: (i) The Community Development Block Grant (CDBG) program (see 24 CFR part 570, subparts D and I); (ii) The Emergency Solutions Grants (ESG) program (see 24 CFR part 576); (iii) The HOME Investment Partnerships (HOME) program (see 24 CFR part 92); and (iv) The Housing Opportunities for Persons With AIDS (HOPWA) program (see 24 CFR part 574); and (2) Public housing agencies (PHAs) receiving assistance under sections 8 or 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f or 42 U.S.C.1437g).

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

Catalog of Federal Domestic Assistance (CFDA) is a directory of the various Federal programs, projects, services and activities that offer financial and non financial assistance and benefits to the American public. CFDA Number is the unique number assigned to each program, project, service or activity listed in the Catalog of Federal Domestic Assistance (CFDA).

Consolidated Plan is a document developed by states and local jurisdictions, which they complete 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 91 for more information about the Consolidated Plan and related Annual Action Plan.)

Contract means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used with respect to awards, subawards, and cooperative agreements subject to 2 CFR part 200 does not include a legal instrument, even if the non-Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward. (See 2 CFR 200.22 and 200.92.)

Contractor means an entity that receives a contract.

Deficiency – Deficiency is information missing or omitted within a submitted application.

Deficiencies typically involve missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box, etc.). Depending on specific criteria, deficiencies may be either curable or non-curable.

Curable Deficiency – Applicants may correct a curable deficiency with timely action. To be curable the deficiency must:

- Not be a threshold requirement;

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

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

Non-Curable Deficiency – An applicant cannot correct a non-curable deficiency after the submission deadline. Non-curable deficiencies are deficiencies that if corrected would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination

DUNS Number is the nine-digit identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. Requests for a DUNS number can be made by visiting the Online DUNS Request Portal.

Eligibility Requirements – Eligibility requirements are those requirements that must be met for an application to be eligible for funding. Deficiencies in meeting an eligibility requirement may be categorized as either curable or non-curable.

Federal Awardee Performance and Integrity Information System (FAPIIS) is a database that has been established to track contractor misconduct and performance.

Grants.gov is the website that serves as the Federal government’s central portal for searching for and applying for grants throughout the Federal government.

Non-Federal Entity 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.

Pass-through Entity means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

Personally identifiable information (PII), as defined in Office of Management and Budget M- 07-16, is any information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

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

Preferred Sustainability Status Communities (PSS) for the purposes of HUD’s FY2017 funding competitions, are communities that have received PSS under HUD's FY2011 Sustainable Communities Regional Planning Grant Program and/or HUD's FY2011 Community Challenge Planning Grant Program. Click here for list. Promise Zones are federally-designated, high-poverty urban, rural and tribal communities where the Federal government will partner with and invest in communities to accomplish these goals: create jobs, leverage private investment, increase economic activity, expand educational opportunities, and reduce violent crime.

https://www.bia.gov/cs/groups/xocio/documents/text/idc-041032.pdf https://www.bia.gov/cs/groups/xocio/documents/text/idc-041032.pdf https://portal.hud.gov/hudportal/documents/huddoc?id=PSS_POCs.pdf

Promotores/Promotoras are Spanish-speaking Community Health Workers who work in their communities to reduce barriers to health services and make health care systems more responsive.

Recipient means a non-Federal entity that receives an award directly from HUD to carry out an activity under a HUD program.

Section 3 Business Concern means a business concern (1) that is 51 percent or more owned by Section 3 residents; or (2) of which at least 30 percent of permanent, full-time employees are currently Section 3 residents, or were Section 3 Residents within three years of the date of first employment with the business concern; or (3) that provides evidence of a commitment to subcontract over 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in this definition.

Section 3 Residents means: 1) Public housing residents; or 2) Low and very-low income persons, as defined in 24 CFR 135.5, who live in the metropolitan area or non-metropolitan county where a HUD-assisted project for housing or community development is located.

Standard Form 424 (SF-424) is the Application for Federal Assistance Programs required by discretionary grant programs.

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 a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a HUD program; but does not include an individual that is a beneficiary of such program. A subrecipient may also receive other Federal awards directly from a Federal awarding agency (including HUD).

System for Award Management (SAM), located at the website sam.gov, is the official U.S.

Government system that consolidated the capabilities of Central Contractor Registry (CCR), Excluded Parties List System (EPLS) and the Online Representations and Certifications Application (ORCA). Registration with Sam.gov is required for submission of applications via grants.gov.

Threshold Requirement – Threshold requirements are a type of eligibility requirement.

Threshold requirements must be met in order for an application to be reviewed. Threshold requirements are not curable. Threshold requirements are listed in Section III.C.1. Threshold Requirements of this Program NOFA.

Applicants must ensure their application package addresses all threshold requirements. Please check your application carefully!

b. Program Definitions

Administrative Costs include providing clerical expenses; providing or securing legal services;

providing or securing financial management services such as accountants, consultants, sub-contractors, or others retained by the organization.

Affiliate is a business entity effectively controlling or controlled by another or associated with others under common ownership or control.

Allegation is an intake where there are one or more claims of a violation of a fair housing law.

Allegations are only applicable to those protected classes under fair housing laws that are in effect within the applicant’s service area.

Broad-based means not limited to a single fair housing issue (such as insurance, mortgage lending, or advertising), but rather covering more than one issue related to discrimination in the provision of housing covered under the Fair Housing Act.

Complaint is a filed fair housing complaint accepted by HUD or a FHAP agency as jurisdictional, or a complaint filed in a state or federal court alleging violations of the Fair Housing Act.

Fair Housing Act is Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601-3620).

Fair Housing Assistance Program (FHAP) Agencies are agencies, as described in 24 CFR 115, means State and local fair housing enforcement government agencies that receive FHAP funds to administer laws deemed substantially equivalent to the Fair Housing Act.

Fair Housing Guidance is the process used by fair housing organizations to advise persons about their rights and responsibilities, available options for exercising their rights, and remedies provided under fair housing laws.

Fair Housing Enforcement Organization (FHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Full-service Projects must provide services to members of all protected classes and include these enforcement-related activities in the project application: interviewing potential victims of discrimination; taking complaints; testing; evaluating testing results; conducting preliminary investigations; conducting mediation; conciliating; enforcing meritorious claims through litigation or referral to administrative enforcement agencies; and disseminating information about fair housing laws.

Intake is a fair housing allegation contacts/queries received by a fair housing organization.

Intake does not include inquiries unrelated to fair housing including general housing, landlord/tenant or others. Intakes may be in-person or by phone, mail or email contact and documented through the fair housing organization’s standard intake form or database entry.

Information gathered at intake starts the fair housing process. Repetitive contacts from a single individual may not be counted as an intake unless the additional contact contains a new allegation or relates to a new respondent. Intakes do not include someone returning a non-enforcement related phone call, a telemarketer calling the office, or incoming personal phone calls.

Jurisdiction under the Fair Housing Act is established when the complaint is filed in a timely manner; the complainant has apparent standing; the respondent and the dwelling involved (where the complaint involves a provision or denial of a dwelling) appear to be covered by the Fair Housing Act; and the subject matter and the basis of the alleged discrimination may constitute illegal practices as defined by the Fair Housing Act.Lending Discrimination.

Lending discrimination means discriminatory practices against persons protected under the Fair Housing Act, in the mortgage process and includes, but is not limited to the use of deceptive, misleading or discriminatory practices to sell services that promise foreclosure relief to homeowners, and the failure to deliver those services. Lending discrimination includes actions that may violate the Fair Housing Act in the making, servicing, or purchasing of home loans or loans secured by a home.

Meritorious Claims are enforcement activities by an organization that resulted in lawsuits, judgments, consent decrees, legal settlements, HUD or substantially equivalent agency (under 25 CFR 115.6) conciliations, or organization-initiated settlements, with the outcome of monetary awards for compensatory and/or punitive damages to plaintiffs or complaining parties, or other affirmative relief, including the provision of housing (24 CFR 125.103), for complaints that are jurisdictional under the Fair Housing Act.

Operating Budget is an organization's total planned budget expenditures from all sources, including the value of in-kind and monetary contributions, in the period for which funding is requested.

Partnership is a collaboration with one or more identified agencies, task forces, FHAP organizations, or other groups to successfully realize the service or activity planned. A partnership may be formal and contractual with specific roles and deliverables defined, or less formal cooperation through volunteer efforts accomplished without a contract.

Qualified Fair Housing Enforcement Organization (QFHO) is an organization engaged in fair housing activities as defined in 24 CFR 125.103.

Referral means referring to HUD or to a FHAP agency an intake, alleging possible violations of fair housing laws.

Regional/Local/Community-Based Activities are defined at 24 CFR 125.301(a) and (d).

Rural Areas include any of the following:

a. A non-urban place having fewer than 2,500 inhabitants (within or outside of the metropolitan areas).

b. A county or parish with an urban population of 20,000 inhabitants or less.

c. Territory, including its persons and housing units, in rural portions of “extended cities.”

The Census Bureau identifies the rural portions of extended cities.

d. Open country that is not part of or associated with an urban area. The USDA describes "open country" as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development.

e. Any place in whole or in part, not located in a Metropolitan Statistical Area.

Statement of Work (SOW) is a document that describes all the tasks necessary to do the work, includes all the steps needed for good management control and specificity regarding work to be done and deliverables, and provides a basis for mutual understanding of the requirements and tasks.

Systemic Housing Investigation is an investigation of alleged discrimination that is pervasive or institutional in nature, or where the collection and analysis of data to develop a complaint will involve complex issues, novel questions of fact or law, or will potentially affect a large number of persons. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint; they may also involve the identification of additional victims or the reviewing of policies and procedures related to matters under investigation to make sure that they also comply with the nondiscrimination requirements of the Fair Housing Act. Systemic investigations may include investigation of discrimination in rental, sales, lending, or homeowner’s insurance practices and may include investigations into whether a HUD-funded entity has engaged in discriminatory practices or has failed to affirmatively further fair housing. Systemic investigations may be local, regional, or national in scope.

Technical Evaluation Panel (TEP) is a panel whose mission is to accomplish sound, impartial, and comprehensive evaluation of proposals consistent with the Notice of Funding Availability. TEP members are selected from a diverse pool of evaluators, including HUD staff and outside (contract) individuals. Individuals are selected for TEP participation based on skill, background or expertise in areas which include but are not limited to fair housing experience, grant writing and evaluation expertise, strong analytical and writing skill, or education and outreach, civil rights or other related experience.

Testing is an investigative tool used to gather evidence. A test is a covert investigation by a QFHO or FHO involving one or more persons who initiate contact with a person or entity for the purpose of gathering information about housing policies, treatment and/or practices to compare with the requirements of fair housing laws or other civil rights laws. A test may involve comparing how persons similarly situated except for a protected characteristic are being treated.

Underserved Areas are areas where there are no Fair Housing Initiatives Program or Fair Housing Assistance Program agencies and where either no public or private fair housing enforcement organizations exist or the jurisdiction is not sufficiently served by one or more public or private enforcement fair housing organizations and there is a need for service.

Underserved Populations means groups of individuals who are:

a. Of an immigrant population (especially racial and ethnic minorities who are non- English-speaking or have limited English proficiency);

b. Living in a rural area;

c. Homeless;

d. Persons with disabilities (physical or mental); or

e. Persons in areas where there is inadequate protection and ability to provide fair housing service from a State or local government or private fair housing organization.

4. Resources.

Grants.gov HUD Funds available Code of Conduct list

SAM

Dun & Bradstreet Do Not Pay

FAPIIS

B. Authority.

1. Section 561 of the Housing and Community Development Act of 1987, as amended (42 U.S.C. 3616), established FHIP, and the implementing regulations are found at 24 CFR Part 125.

2. Consolidated Appropriations Act, 2017 (Public Law 115-31), approved May 5, 2017.

II. Award Information.

A. Available Funds.

$15,830,816 is available through this NOFA.

Additional funds may become available for award under this NOFA as a result of HUD's efforts to recapture unused funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the applicable funding restrictions described in the General Section and to those contained in this NOFA.

All remaining PEI-MY FY2017 appropriated funds will be used for continued PEI-MY funding of FY2015 and FY2016 PEI-MY grantees. Funding for the second and third year of the PEI- MY grants is subject to the availability of appropriations.

https://www.grants.gov/ https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/conduct https://www.sam.gov/ https://fedgov.dnb.com/webform https://donotpay.treas.gov/ https://www.fapiis.gov/fapiis/index.action

B. Number of Awards.

HUD expects to make approximately 53 awards from the funds available under this NOFA.

The number of awards made from funds available under this NOFA depends on total funding, the number of eligible applicants, and other factors. For information on the methodology used to make award determinations under this NOFA, please see Section V.B Review and Selection Process below.

C. Minimum/Maximum Award Information.

The maximum award possible under this solicitation is $300,000.00. Specific maximum PEI award amount(s) and other eligibility information is listed in the Chart under Section III.

Eligibility Information.

Estimated Total Funding: $15,830,816 Minimum Award Amount: $300,000 Per Project Period Maximum Award Amount: $300,000 Per Project Period

D. Period of Performance.

The period of performance for PEI-MY projects is 36 months. Obligations should be made within six months of notice of award and all grants expended in the specified agreed upon timeframe(s) established in negotiations. However, expenditures should be no more than 18-24 months from award.

Estimated Project Start Date: 06/04/2018 Estimated Project End Date: 06/03/2021 Length of Project Periods: 36-month project period with three 12-month budget periods Length of Project Periods Explanation of Other: The period of performance varies based on the specific component for which an applicant applies. For PEI-MYFC projects, the period of performance is 36 months.

E. Type of Funding Instrument.

Funding Instrument Type: Grant X Grant HUD expects to award a fixed-price grant agreement to each applicant selected for award. The type of funding instrument HUD may offer a successful applicant that sets forth the relationship between HUD and the awardee will be a grant agreement, where the principal purpose is the transfer of funds, property, services, or anything of value to the awardee to accomplish an eligible public purpose.

The agreement will identify the eligible activities to be undertaken, financial controls, and special conditions, including sanctions for violations of the agreement, reporting requirements including sub-recipient reporting requirements under the Federal Funding Accountability and

Transparency Act of 2006, and integrity requirements under Section 872 of the Duncan Hunter Defense Authorization Act of 2009. HUD will determine the type of instrument under which the award will be made and monitor progress to ensure that the awardee has achieved the objectives set out in the agreement. Failure to meet such objectives may be the basis for HUD determining the awardee to be in default of the grant agreement and for exercising available sanctions, including suspension, termination, and/or recapture of funds. Also, HUD may refer violations or suspected violations to enforcement offices within HUD, the Department of Justice, or other enforcement authorities.

For grant agreements, HUD will conduct monitoring reviews, request quarterly reports, and approve all proposed deliverables as documented in the applicant’s Work Plan or SOW. Most FHIP funds are awarded under grant agreements.

F. Supplementation.

III. Eligibility Information.

A. Eligible Applicants.

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

Additional Information on Eligibility:

Under this NOFA, eligible applicants must be Qualified Fair Housing Enforcement Organizations (QFHOs) or Fair Housing Enforcement Organizations (FHOs), or the organization is ineligible.

Applicants must complete the Appendix B, "Certification for PEI Applicants" to confirm QFHO or FHO stuatus.

If an organization does not currently have sufficient experience to qualify as a FHO or QFHO (see 24 CFR part 125.103 and 125.401), then the organization may be eligible to apply under FHIP's Education and Outreach Initiative (FR-6100-21A) and/or Fair Housing Organizations Initiative (FR-6100-21B) NOFAs. Please see those NOFAs for specific eligibility requirements.

The following chart details the PEI Initiative/ Component(s), the approximate available funding, and the eligible applicants and activities:

Initiative/ Component

Amount Available

Applicant Eligibility Project Period

Award Caps Applicant Eligible Activities

Private Enforcement Initiative

(PEI) -

Multi-year Funding Component

$15,830,81

Fair Housing Enforcement Organizations (FHOs) with at least one year of experience in complaint intake, complaint investigation, testing for fair housing violations, months

For FY 2017, up to $300,000 per year for a three-year duration subject to appropriations.

All funding is

Eligible activities include, but are not limited to: (1) Intake of allegations of violations of the Fair Housing Act, testing, evaluating testing results, and providing other investigative work to and enforcement of meritorious claims in the two years prior to the filing of the application (24 CFR 125.103) and Qualified Fair Housing Enforcement Organizations (QFHOs) with at least two years of enforcement related experience and meritorious claims in the three years prior to filing this application (24 CFR 125.103). Both FHOs and QFHOs must currently conduct these enforcement activities and operate a full-service program.

based on the availability of appropriations.

provide a just resolution for violations of the Fair Housing Act that may violate federal, state or substantially equivalent local fair housing laws; (2) investigation of violations of the Fair Housing Act, through testing and other investigative methods including systemic investigations; (3) Mediation or other voluntary resolution of allegations of violations of the Fair Housing Act; (4) litigating fair housing cases, including procuring expert witnesses, and (5) conducting fair housing education activities.

Activities are eligible only in cases involving conduct prohibited by, or rights protected under, the Fair Housing Act. HUD will allow applicants under the PEI-Multi-year to modify their activities with the approval of the GTR based upon changing demographics and/or need. All applicants must review Appendix A, for guidance on the format that should list the applicant's proposed tasks/activities.

HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

B. Cost Sharing or Matching.

This Program does not require an applicant to leverage resources through cost sharing or matching.

There is no statutory requirement for applicants to leverage resources; however, under Factor 4 applicants may receive points for leveraging resources.

C. Threshold Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated. See also Section I.A.3. Definitions.

1. Timely Submission of Applications – Applications submitted after the deadline stated within this NOFA and that do not meet the requirements of the grace period policy will be marked late.

Late applications are deemed ineligible and will not be considered for funding. See also Section IV Application and Submission Information, part D. Application Submission Dates and Times.

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

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

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

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

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

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

or

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

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

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

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

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;

Current compliance with a consent order or consent decree;

Current compliance with a final judicial ruling or administrative ruling or decision; or Dismissal of charges.

Program Thresholds.

Only applicants deemed eligible will be ranked and rated.

1. All applicants must meet the eligibility requirements as defined in Section III A.

2. Applicants must be a 501(c)(3) tax-exempt organization as determined by the Internal

Revenue Service (IRS) prior to the application deadline date to be eligible for funding.

Applications must include an IRS report showing 501(c)(3) status. If an applicant's 501(c)(3) status has expired prior to application deadline date, the application must show that the organization has applied for renewal of tax-exempt status and that the application is pending. If 501(c)(3) status has expired and there is no information regarding the application for renewal in the organization's application at the deadline date, the applicant will be deemed ineligible. In addition, if an organization with a pending 501(c)(3) application is selected for a funding award based on the review and selection process, the applicant must provide proof that the 501(c)(3) renewal was approved prior to release of funding. If the applicant’s pending application for renewal is subsequently denied, the applicant’s organization will be deemed ineligible and the award selection will be rescinded. Further, all applicants must maintain 501(c)(3) status throughout the grant period.

3. Minimum Score. Applicants must receive a minimum Technical Evaluation Panel (TEP) score of 75 points to be considered for funding.

4. Amount in Excess of the Maximum Amount. Applicants are ineligible for funding if they request funding in excess of the maximum amount allowed under the initiative or component for which they have applied.

5. Inconsistencies in the Requested Amount or Miscalculations. Inconsistencies in the requested amount and/or miscalculations that result in amounts over the maximum award amount will be considered excessive and the application will be considered ineligible.

6. Performance. Applicants receiving a "Poor" performance rating after FY 2014 under the FHIP are ineligible for funding for a one-year period. In addition, if a grantee received a poor performance assessment within 12 months of the NOFA due date, the organization is ineligible to apply under this NOFA. Applicants must demonstrate that they have satisfactorily resolved the deficiency resulting in the “poor” performance to the satisfaction of HUD before applying after the one-year period. If applicants are unable to clear up all deficiencies, they should submit in their application their plan to correct such deficiencies. In addition, if FHIP has terminated grant funding for an organization, that organization must wait for a period of 1-year before reapplying for FHIP funding. The Department will determine the applicant's ability manage or receive funding awards as part of the TEP process.

7. Eligible Activities. When the majority of the proposed activities are ineligible (more than 50%) HUD will not fund the application.

8. Fair Housing Act/Protected Classes. Applicants that fail to address housing discrimination based on all of the protected classes of the Fair Housing Act will be ineligible.

9. Research Activities. Applicants are ineligible for funding if their project is aimed solely at research. If a successful application contains research and other activities, only the eligible portions of the application will be funded.

10. Suits Against the United States. An application is ineligible for funding if, as a current recipient of FHIP funds (within the last three years), the organization used any funds provided by HUD for the payment of expenses in connection with litigation against the United States (24 CFR 125.104(f)).

11. Other Litigation. An application is ineligible for funding if the organization proposes in its current application, or used funds provided by HUD (within the last three years) under this Program to fund or support the settlement of a claim, satisfy a judgment, or fulfill a court order in any defensive litigation (42 U.S.C. 3616 note Sec. 561 (i))

Applicants that do not meet one or more of the Departmental or Program threshold requirements will not be eligible for funding.

D. Statutory and Regulatory Requirements Affecting Eligibility.

1. Compliance with Non-discrimination and Related Requirements.

Unless otherwise specified, these non-discrimination and equal opportunity authorities and other requirements apply to all Program NOFAs. Please read the following requirements carefully as the requirements are different among HUD’s programs.

Compliance with Fair Housing and Civil Rights Laws.

With some exceptions for federally recognized Indian tribes, recipients and their prospective subrecipients must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a), including, but not limited to, the Fair Housing Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act; Title II and Title III of the ADA of 1990.

Recipients of HUD funds, and their prospective sub-recipients, who are conducting programs or activities in a state or local jurisdiction that has passed a law prohibiting discrimination in housing based upon sexual orientation or gender identity, or a law prohibiting discrimination in housing based on lawful source of income, must comply with the law(s) of the state or locality in which the program activities are conducted.

If an applicant is a federally recognized Indian tribe or Tribally Designated Housing Entity

(TDHE), the applicant is exempt from the Fair Housing Act. For programs authorized under the Native American Housing Assistance and Self-Determination Act, the non-discrimination provisions enumerated at 24 CFR 1000.12 apply. Furthermore, the applicable civil rights requirements may depend on whether the applicant is a Federally-recognized tribe.

Affirmatively Furthering Fair Housing.

Section 808(e)(5) of the Fair Housing Act requires HUD to affirmatively further the purposes of the Fair Housing Act in its housing and urban development programs. HUD requires recipients of funds, including those awarded and announced under HUD's FY 2017 Program NOFAs not specifically exempted, to take meaningful actions that affirmatively further fair housing.

Unless otherwise specified elsewhere in this Program NOFA, an applicant must discuss how it will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with Section 808(e)(5) of the Fair Housing Act. If the applicant operates in a jurisdiction with an accepted Assessment of Fair Housing, the proposed activities should be consistent with the AFH's fair housing goals and with fair housing strategies specified in any applicable Consolidated Plan or Public Housing Agency Plan.

Federally recognized Indian tribes are not subject to the requirement to affirmatively further fair housing in their use of certain HUD funds. Other tribal entities may also be exempt. If a tribal entity's use of HUD funds is subject to the Fair Housing Act, then its proposed activities under a particular program NOFA should be consistent with the AFH's fair housing goals and with fair housing strategies specified in any applicable Consolidated Plan.

Economic Opportunities for Low-and Very Low-income Persons (Section 3).

Certain programs require recipients of assistance to comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low-and Very Low-Income Persons in Connection with Assisted Projects), and the HUD regulations at 24 CFR part 135. The regulations at 24 CFR part 135 implementing Section 3 ensure, to the greatest extent feasible, that training, employment, contracting and other economic opportunities be directed to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low-and very low-income persons where a proposed project is located.

To implement 24 CFR 135.9(a) of the Department's Section 3 rules, program NOFAs where Section 3 applies must include information regarding how Section 3 activities will be considered in rating the application, the evaluation criteria utilized, and the rating points assigned. (See 24 CFR 135.9(a).) Applicants subject to this requirement must describe their plans to train and employ Section 3 residents and contract with Section 3 businesses. By submission of an application for programs covered by Section 3, applicants certify compliance with Section 3

Section 3 fund recipients must comply with 24 CFR part 135. HUD encourages recipients to search the national Section 3 Business Registry to find local businesses that prioritize hiring Section 3 residents.

Improving Access to Services for Persons with Limited English Proficiency (LEP).

Executive Order (E.O.) 13166 seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have LEP. Recipients of HUD funds shall take reasonable steps to ensure meaningful access to their programs and activities to LEP individuals. As an aid to recipients, HUD published Final Guidance to Federal Financial Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (LEP Guidance) in the Federal Register on January 22, 2007 (72 FR 2732). LEP guidance and LEP information is available on HUD's website.

Accessible Technology.

Section 508 of the Rehabilitation Act (Section 508) requires HUD to ensure, when developing, procuring, maintaining, or using electronic and information technology (EIT), that the EIT allows persons with disabilities to access and use information and data comparably to those without disabilities unless an undue burden would result to the Federal agency. HUD encourages its recipients to adopt the goals and objectives of Section 508 by ensuring comparable access whenever EIT is used. Recipients must also comply with Section 504 of the Rehabilitation Act and, where applicable, the ADA. These statutes also require effective communication with individuals with disabilities and prohibit EIT-imposed barriers to access information, programs, and activities by persons with disabilities. (See Information on accessible technology.)

Accessibility Requirements. All grant recipients and sub-recipients must use facilities and services that are physically accessible to persons with disabilities. Where physical accessibility is not achievable, recipients and sub-recipients must give priority to alternative methods of product delivery that offer programs and activities to qualified individuals with handicaps in the most integrated setting appropriate in accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and its implementing regulations at 24 CFR Part 8, and Titles II and III of the Americans with Disabilities Act, as applicable. All programs or activities must be held in accessible locations unless the recipient can demonstrate that doing so would result in a fundamental alteration of the program or an undue financial and administrative burden, in which case the recipients must take any action that would not result in such an alteration or such burden but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity, e.g., training at an alternate accessible site, in-home training.

Individuals with disabilities must receive services in the most integrated setting appropriate to their needs.

Effective Communication. Successful applicants must ensure that notices of and communications during all training sessions and meetings are provided in a manner effective for persons with hearing, visual, and other communications-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 (24 CFR 8.6), and as applicable, the Americans with Disabilities Act. This includes ensuring that materials are in appropriate alternative formats http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/promotingfh/lep-faq http://www.section508.gov/ as needed, e.g., Braille, audio, large type, sign language interpreters, and assistive listening devices, etc.

2. HUD- or Federal government-wide Requirements.

a. Outstanding Delinquent Federal Debts – It is HUD policy, consistent with the purposes and intent of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), that applicants with outstanding delinquent federal debt will not be eligible to receive an award of funds, unless:

A negotiated repayment schedule is established and the repayment schedule is not delinquent, or

Other arrangements satisfactory to HUD are made prior to the award of funds by HUD.

If satisfactory arrangements cannot be completed within 90 days of notification of selection, HUD will not make an award of funds to the applicant, and instead offer the award to the next eligible applicant. HUD may act earlier than the above stated 90 days to ensure, in HUD’s determination, that the funds can be obligated in a timely manner.