fy2012 fhip nofa final.pdf

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5600-N-08]

Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2012

Fair Housing Initiatives Program (FHIP)

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD.

ACTION: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2012.

SUMMARY: Today’s posting provides information and instructions for the FY2012 Fair

Housing Initiatives Program (FHIP). This Notice is comprised of the Notice of HUD’s Fiscal

Year (FY) 2012 Notice of Funding Availability (NOFA), Policy Requirements and General

Section (General Section) to HUD’s FY2012 NOFAs for Discretionary Programs, posted on www.Grants.gov on September 19, 2011, and this program section to the NOFA.

AUTHORITY: This program is authorized under Section 561 of the Housing and Community

Development Act of 1987, as amended, (42 U.S.C. 3616) established the Fair Housing Initiatives

Program (FHIP). The implementing regulations are found at 24 CFR Part 125.

DATES: The application deadline is 11:59:59 p.m. eastern time on March 16, 2012. .

Applications must be received by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date.

FOR FURTHER INFORMATION CONTACT: Questions regarding specific program requirements should be directed to Myron Newry or Paula Stone of the Office of Fair Housing and Equal Opportunity’s FHIP Division at 202-402-7095 and 202-402-7054, respectively (these are not toll-free numbers). Questions regarding the FY 2012 General Section should be directed to the Grants Management Office at 202-708-0667 (this is not a toll-free number). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Relay

Service at 800-877-8339 (this is a toll free number).

OVERVIEW INFORMATION:

A. FEDERAL AGENCY NAME: Department of Housing and Urban Development, Office of

Fair Housing and Equal Opportunity.

B. FUNDING OPPORTUNITY TITLE: Fair Housing Initiatives Program (FHIP).

C. ANNOUNCEMENT TYPE: Initial Announcement.

D. FUNDING OPPORTUNITY NUMBER: The OMB Approval Number is 2529-0033. The

Federal Register number for this NOFA is FR-5600-N-08.

http://www.grants.gov/ http://grants.gov/

E. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER(S): Fair

Housing Initiatives Program (FHIP): Private Enforcement Initiative (PEI) 14.418; Education and

Outreach Initiative (EOI) 14.416, Fair Housing Organizations Initiative (FHOI) 14.417.

F. ADDITIONAL OVERVIEW CONTENT INFORMATION

1. Program Award Information: FHIP Funds are used to increase compliance with the Fair

Housing Act. This year there are three Initiatives: Private Enforcement, Education and

Outreach, and the Fair Housing Organization Initiatives. HUD will award grants/cooperative agreements under each of these program initiatives. Applicants may be funded under the following Initiatives or Components based on eligibility:

a. Private Enforcement Initiative (PEI)

(1) Multi-Year Funding Component (PEI-MYFC) - $17,288,046;

(2) Lending Discrimination Component (PEI-Lending) – $5,500,000; and

(3) Performance Based Funding (PEI-PB) - $7,261,954

b. Education and Outreach Initiative (EOI)

(1) Regional/Local/Community Based Program (EOI-R/L/C-B)

(a) General Component (EOI-G) - $1,380,000;

(b) Lending Component (EOI-Lending) – $2,000,000;

(c) Higher Education Component (EOI-HEC) – $500,000; and

(d) Affirmatively Furthering Fair Housing Training Component (EOI-AFFH) – $500,000

(2) National-Based Programs

(a) National Media Campaign Component (EOI-NMCC) - $1,500,000

c. Fair Housing Organization Initiative (FHOI)

(1) Establishing New Organizations Component (ENOC) - $1,250,000;

(2) Continued Development General Component (CDGC) - $1,500,000; and

(3) Lending Discrimination (Lending) - $2,500,000

Applicants may apply for each separate Initiative/component for which they meet the specific eligibility requirements (see eligibility chart in Section III.A.1).

2. MODIFICATIONS

Listed below are the Major Modifications from the Fiscal Year (FY) 2011 Program Funding

Announcement:

a. There will be no PEI Performance Based component category for FY2012. This is similar to FY2011. Therefore, the Performance Based funding amount totaling $7,261,954 (listed under the Program Award Information Section ) is not funding for new Performance Based applicants, but funding allocated for previous FY2010 PEI grantees who were awarded Performance Based grants for a three-year duration. Those grantees will receive funding under the PEI-Performance

Based component until completion of the grant period.

b. As a threshold requirement for PEI Multi-Year funding, applicants that received FY2010

PEI-PB funding are not eligible to apply under this component because they will continue to be funded through the expiration of their grant. This threshold requirement does not bar FY2010

PEI-PB applicants from applying for other FY2012 components/initiatives, if the applicant meets the specific eligibility requirements for that component/initiative. Additionally, organizations that received FY2011 Multi-Year funding are not eligible to apply for additional Multi-Year funding (PEI/MY) until the year in which the current three-year grant’s duration expires. PEI

Multi-Year funding is considered additional funding to qualified organizations to support continuation of on-going activities and the expansion or creation of systemic investigations of housing discrimination. However, applicants should be aware that Multi-Year funding is not an automatic funding source for existing grantees. Funding under this and all FHIP initiatives is a competitive process and applicants must meet threshold and other eligibility requirements for funding consideration in future years.

c. PEI Lending Component awardees may not receive a FHOI Lending Component award.

Similarly, FHOI Lending Component awardees may not receive a PEI Lending Component award. Awardees are not eligible to receive funding under both EOI- Lending Component and

FHOI-Lending Component for the same activities. See chart in Section III.A of this NOFA for all eligibility requirements.

d. For FHOI Establishing New Organizations Component, the sponsored organizations may not receive additional funding under PEI until they become QFHOs and eligible for PEI Multi-

Year funding. However, the ENOC sponsored organization is allowed to apply for EOI or FHOI-

CDGC funding. An ENOC sponsoring organization is eligible for funding under other initiatives/categories.

e. For FHOI Continued Development General Component (CDGC), applicants applying for

FHOI-CDGC are not allowed to combine funds with the PEI Multi-Year component and vice versa. The FHOI-CDGC category is meant for new organizations and organizations that are moving toward eligibility for PEI Multi-Year funding.

f. Disaster Plan. All awardees for FHIP grants are required to provide a continuity of operations disaster plan. Compliance with this requirement means that the grantee will:

(1) Develop an emergency preparedness plan of operations in the event of a disaster (e.g., natural and/or man-made) within their particular geographical region which may affect their ability to operate.

(2) Identify and appoint a Disaster Liaison responsible for ensuring the plan is current and addresses all key areas of the organization (e.g., personnel, equipment, finance, etc.).

(3) All selected grantee’s Disaster Liaison will provide copies of the disaster plan to the FHEO

Regional Director and Government Technical Representative assigned to them in support of their grant(s). The disaster plan must be presented during the time of grant negotiations, or the grant will not be executed until the plan is provided.

FULL TEXT OF ANNOUNCEMENT

I. FUNDING OPPORTUNITY DESCRIPTION

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

CFR Part 125. FHIP is authorized under Sec. 561 of the Housing and Community Development

Act of 1987, as amended.

B. FHIP Initiatives. Performance for all FHIP grantees is based on the FHIP grantee’s FY

2008 and/or FY 2009 Government Technical Representative (GTR) Final Performance

Assessment Report. Grantees with GTR Final Performance Assessment Reports prior to

FY2008 will be treated as new applicants, as well as those awarded FY2010 and FY2011 grants.

GTR Final Performance Assessment Reports contain the following items: (1) Performance of all requirements under the grant, (2) Acceptance of work performed, and (3) Quality of performance. The following is a listing of the FY2012 FHIP program initiatives (See chart in section III. A. for all eligibility requirements and a listing of related components):

1. Private Enforcement Initiative (PEI). This Initiative provides funding to private, tax-exempt fair housing enforcement organizations for the investigation and enforcement of alleged violations of the Fair Housing Act.

2. Education and Outreach Initiative (EOI). This Initiative provides funding to organizations that inform the general public about their rights and obligations under the Fair Housing Act.

3. Fair Housing Organization Initiative (FHOI). This Initiative provides funding to establish new fair housing enforcement organizations and to support the continued existence of fair housing organizations in building their capacity to enforce the rights granted under the Fair

HousingAct.

If you are interested in applying for funding under the FHIP NOFA, please review carefully the

General Section posted on www.Grants.gov on, and the FHIP Program Section. Both the

General Section and the program Section compose the NOFA requirements.

B. Other Program Information

1. Program Definitions. The definitions that apply to this FHIP NOFA are:

http://www.grants.gov/

a. Administrative Costs. Administrative costs include, but are not limited to, any costs under

ENOC by sponsoring organization to administer sponsored organization to: (1) mentor and provide oversight of sponsored organization’s fair housing activities; (2) train sponsored organization’s staff and establish board of directors, (3) travel to and from sponsored organization’s location, and (4) provide other services associated with the establishment of a new fair housing organization e.g., 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 to assist in the development of the new organization to become a Qualified Fair Housing Organization.

b. Allegation. Allegation means 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 the fair housing laws that are effective within the applicant’s service area.

c. Complaint. Complaint means a filed fair housing complaint accepted by HUD or a FHAP agency as jurisdictional.

d. Fair Housing Act. The Fair Housing Act means 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).

e. Fair Housing Assistance Program (FHAP) Agencies. Fair Housing Assistance Program

(FHAP) 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.

f. Fair Housing Enforcement Organization (FHO). Fair Housing Enforcement Organization

(FHO) means an organization engaged in fair housing activities as defined in 24 CFR 125.103.

g. Full-service Projects. Full-service projects must include the following enforcement-related activities in the project application: interviewing potential victims of discrimination; taking complaints; testing; evaluating testing results; conducting preliminary investigations; conducting mediation; conciliations; enforcing meritorious claims through litigation or referral to administrative enforcement agencies; and disseminating information about fair housing laws.

h. Intake. Intake means an initial contact with an applicant’s office. Intake describes assistance provided by an organization to persons with housing concerns/questions including potential fair housing complaints, landlord tenant matters and lending concerns. The contacts may be in-person, or by telephone, letter, or email, but are housing related and are documented through the organization’s standard intake form.

i. Jurisdiction. 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.

j. Meritorious Claims. Meritorious claims means 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).

k. Lending Discrimination. Lending discrimination means engaging in discriminatory practices, against persons protected under the Fair Housing Act, in the lending 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 loans.

l. Operating Budget. Operating budget means 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.

m. Qualified Fair Housing Enforcement Organization (QFHO). Qualified Fair Housing

Enforcement Organization (QFHO) means an organization engaged in fair housing activities as defined in 24 CFR 125.103.

n. Referral. Referral means referring intakes-alleging possible violations of fair housing laws to

HUD or to a FHAP agency.

o. Regional/Local/Community-Based Activities. Regional/Local/Community-Based

Activities are defined at 24 CFR 125.301(a) and (d).

p. Rural Areas. Rural Areas mean any of the following:

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

(2) A county or parish with an urban population of fewer than 20,000 inhabitants.

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

The Census Bureau identifies the rural portions of extended cities.

(4) 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.

(5) Any place with a population not in excess of 20,000 and not located in a Metropolitan

Statistical Area.

q. Statement of Work (SOW). Statement of Work (SOW) means 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.

r. Systemic Housing Investigation. Systemic Housing investigation means 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 homeowners 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.

s. Technical Evaluation Panel (TEP). Technical Evaluation Panel (TEP) means a panel whose mission is to accomplish sound, impartial, and comprehensive evaluation of proposals consistent with the guidelines of the Notice of Funding Availability.

t. Test Part. Test part means a contact by a tester with an entity that is or may be covered by the Fair Housing Act. The contact may be by telephone, email, or in person. A test part does not include a preliminary contact by an employee of a QFHO or FHO to determine office hours, operational issues or other information needed to conduct a test. A test part may represent a single test, may be part of a matched pair test which has two test parts, or be part of a multiple contact test with three or more parts.

u. Underserved Areas. Underserved Areas means jurisdictions 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.

v. Underserved Populations. Underserved Populations means groups of individuals who fall within one or more of the categories protected under the Fair Housing Act and who are:

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

(2) In rural populations;

(3) Homeless;

(4) Persons with disabilities (physical or mental); or

(5) Persons in areas that are heavily populated with minorities and there is inadequate protection and ability to provide service from the State or local government or private fair housing organizations.

II. AWARD INFORMATION

A. FY 2012. For Fiscal Year 2012, $42,500,000 is appropriated for the Fair Housing Initiatives

Program (FHIP). This appropriated amount may be supplemented by recaptured FHIP funds awarded in previous years. Of this amount, approximately $41,180,000 is being made available on a competitive basis to eligible organizations responding to this FHIP NOFA. For a program breakdown by Initiative/Component, eligible applicant, funding, and project period of performance for each component, see the chart in Section III A.

B. Award Instrument. HUD expects to award a cost reimbursable cooperative agreement or grant agreement to each applicant selected for award. The type of funding instrument HUD may offer a successful applicant which sets forth the relationship between HUD and the awardee will be a grant or cooperative 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 Financial Assistance

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 or cooperative 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.

If funds are provided subject to a Cooperative Agreement, HUD will also exercise the right to have substantial involvement by conducting monitoring reviews, requesting quarterly reports, approval of all proposed deliverables documented in the applicant’s Work Plan or Statement of

Work (SOW), and determining whether the agency meets all certification and assurance requirements.

C. Start Date. For planning purposes, HUD will require a start date of May 31, 2012.

Applicants should adjust their budgets, staffing, and SOWs to adhere to this mandatory start date.

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

1. Eligible Applicants. Eligible applicants are Qualified Fair Housing Enforcement

Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs), see 24

CFR 125.103; public or private not-for-profit organizations or institutions, and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices; agencies of State or local governments; and agencies that participate in the Fair Housing Assistance Program (FHAP).

The following chart details each FHIP Initiative/Component and the approximate Funding

Available along with Eligible Applicants and Activities:

Initiative/Component Allocation

Amount

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities

Enforcement Initiative

(PEI) - Multi-year Funding

Component

Provides funding for private, tax-exempt fair housing enforcement organizations in the investigation and enforcement of alleged violations of the Fair Housing

Act.

$17,288,046

Fair Housing

Enforcement

Organizations (FHOs) with at least one year of experience in complaint intake, complaint investigation, testing for fair housing violations, and enforcement of meritorious claims in the two years prior to the filing of the application (24 CFR

125.401(b)(2)) and

Qualified Fair Housing

Enforcement

Organizations

(QFHOs) with at least two years of enforcement related experience as noted above, and meritorious claims in the three years prior to filing this application (24

CFR 125.103) and received a satisfactory

FY 2008 or FY 2009

GTR Final Assessment

Report (Excellent, Good, Fair) by the

FHEO Government

Technical

Representative.

Organizations that received FY 2010 PEI-

PB or FY 2011 Multi-

Year funding are not months

Up to $325,000 per year for a three year duration based upon appropriations.

Eligible activities include, but are not limited to: (1)

Intake of allegations of housing discrimination, testing, evaluating testing results, and providing other investigative work to provide a just resolution for discrimination that may violate federal, state or substantially equivalent local fair housing laws; (2) investigation of systemic housing discrimination, through testing and other investigative methods; (3)

Mediation or other voluntary resolution of allegations of fair housing; and (4) litigating fair housing cases, including procuring expert witnesses.

PEI-Multi-year applicants should structure their activities to allow for flexibility from year to year. HUD will allow

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities eligible to apply for a new grant under this initiative/ component.

applicants under the

PEI-Multi-year to modify their activities with the approval of the

GTR each year based upon changing demographics and/or need.

Private Enforcement

Initiative (PEI) Lending

Discrimination Component

Assists private, tax-exempt fair housing enforcement organizations to investigate and provide testing to protect persons in protected classes and neighborhoods with a high concentration of persons in protected classes from lending discrimination.

$5,500,000 Fair Housing

Enforcement

Organizations (FHOs) with at least one year of enforcement related experience in complaint intake, complaint investigation, testing for fair housing violations, and meritorious claims in the two years prior to the filing of the application (24 CFR

125.401(b)(2)), and

Qualified Fair Housing

Enforcement

Organizations

(QFHOs) with at least two years of enforcement related experience as noted above, and meritorious claims in the three years prior to filing this application 24

CFR 125.401(b)(1).

12-18 months

Up to $325,000 Eligible activities include but are not limited to: (1)

Intake and investigation of allegations of lending discrimination, or providing other investigative and complaint support for administrative and judicial enforcement of fair lending laws, related to the prevention of mortgage default in foreclosure, mortgage modifications and mortgage refinance;

(2) Investigation of possible systemic violations and enforcement pursuant to other equal opportunity or fair lending statutes that accompany a suspected fair housing violation;

(3) Assisting clients with loan workouts, refinancing, or modifications necessary as the result of a violation of the Fair Housing

Act; and (4)

Education and outreach activities

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities may include:

providing education and counseling to persons who may have encountered lending discrimination in services, terms, strategies, or schemes related to the prevention of mortgage default or foreclosure.

Private Enforcement

Initiative (PEI) -

Performance Based

Funding Component

(PBFC):

Provides funding for private, tax-exempt fair housing enforcement organizations in the investigation and enforcement of alleged violations of the Fair Housing

Act and substantially equivalent State and local fair housing laws.

$7,261,954 QFHOs (with at least two years of enforcement related experience) who have

(1) received Excellent performance reviews for past FHIP PEI awards made in two

FYs (FY pertains to the year for which the funding was appropriated) and (2) have received a minimum score of 95 on the most recent of the two of performance reviews by the FHEO

Government Technical

Representative.

months

No new funding. These are PEI grantees who were awarded

Performance

Based grants for a three-year duration and now in their final year of this grant.

For a list of eligible

PEI-PBFC activities see PEI-Multi-Year activities above.

Education and Outreach

Initiative (EOI) –

Regional/Local Community-

Based General Component Open to applicants for Fair

Housing education and outreach activities.

$1,380,000 QFHOs, FHOs, other nonprofit organizations representing groups of persons protected under Title VIII of the

Civil Rights Act of

1968, agencies of State or local governments and agencies certified by the Secretary under section 810(f) of the

Fair Housing Act or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

12-18 months

Up to $125,000 Eligible activities are those that are designed to inform people of their rights under the Fair

Housing Act. Such activities may include, but are not limited to, conducting educational symposia or other training; developing innovative fair housing activities or materials into languages applicable to your community throughout your

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities project area;

providing outreach and information on fair housing through printed and electronic media;

and developing or distributing Fair

Housing brochures, Public Service

Announcements for radio, television, and newspaper advertisements.

Applicants may also address the fair housing needs of persons with disabilities; the education of consumers about fair housing;

mortgage lending discrimination; sex discrimination, including discrimination based on gender stereotyping or source of income when such discrimination may also amount to a violation of the Fair

Housing Act;

financial literacy;

credit management;

and how to avoid high cost loans and abusive lending practices that violate the Fair

Housing Act.

Education and Outreach

Initiative Regional/Local

Community Based –

Higher Education

Component

$500,000 Same as above for

EOI. In addition, applicants may be accredited colleges or universities or community colleges, or student leadership organizations that are formulating or carrying out programs

12-18 months

Up to $100,000 Eligible activities are (1) educating students about the

Fair Housing Act and their rights under the law through lectures, workshops, seminars, and/or conferences; (2)

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities to prevent or eliminate discriminatory housing practices.

developing and implementing internships or employment opportunities for students; and/or (3) developing and implementing curricula for students to pursue careers in fair housing law and investigations.

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities

Education and Outreach

Initiative –

Regional/Local/Community-

Based Lending Component

$2,000,000 QFHO’s, FHOs, other nonprofit organizations representing groups of persons protected under the Fair Housing

Act or State or local fair housing laws enforced by agencies of State or local governments and agencies certified by the Secretary under section 810(f) of the

Fair Housing Act, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.

12-18 months

Up to $125,000 Eligible activities include providing education, training, technical assistance, and other services to educate the public, borrowers or lenders on fair lending laws that address mortgage lending discrimination, and to provide advocacy and direct assistance to victims of fair housing and fair lending laws including fraudulent or predatory mortgage rescue schemes.

Education and Outreach

Initiative (EOI) – National-

Based Program – National

Media Campaign

Component.

$1,500,000 QFHOs and other fair housing enforcement organizations, and other nonprofit organizations representing groups of persons protected under Title VIII of the

Civil Rights Act of

1968.

12-18 months

Up to

$1,500,000

Eligible activities may include:

development of a creative and innovative advertising campaign tied to the requirements of the

Fair Housing Act. It includes distribution of materials, brochures, training materials, including

PowerPoint presentations, fair housing advertisements and posters and other materials designed to educate individuals and organizations and housing providers about the Fair

Housing Act that can be used for multiple distribution.

Education and Outreach

Regional/Local/

$500,000 QFHOs, other fair housing enforcement 12-18 Up to $125,000 Develop and provide a

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities

Community Based –

Affirmatively Furthering fair

Housing Training

Component organizations, and other nonprofit organizations representing groups of persons protected under Title VIII of the

Civil Rights Act of

1968.

months regional/local community based affirmatively furthering fair housing training;

appropriate for audiences such as federal funding recipients including but not limited to

CDBG entitlement jurisdictions, HOME Program or other supportive housing services and housing/economic development programs;

affordable housing planners and/or developers;

community development members; public housing authorities;

affordable housing developers;

housing counseling agencies or organizations involved in community development planning or economic development or planning for developments and fair housing organizations about best practices to affirmatively further fair housing, and access to appropriate data sources. Activities should include providing basic affirmatively furthering fair housing education and must address

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities strategies that are consistent with applicable laws, regulations and

HUD guidance.

Fair Housing Organizations

Initiative (FHOI) Establishing

New Organizations

Component

$1,250,000 QFHOs, FHOs, other private nonprofit fair housing enforcement organizations and nonprofit groups, particularly in areas of the country which are currently underserved by fair housing enforcement organizations. This includes those areas with large concentrations of protected classes. As a threshold requirement for FHOI Establishing

New Organizations

Component, the

ENOC sponsored organizations are not eligible for additional funding under PEI, until they become

QFHOs and eligible for PEI Multi-Year funding; however, the

ENOC sponsored organization is eligible to apply for additional

EOI or Continued

Development funding.

months $1,250,000 Eligible activities are those that establish a single organization to become a viable regional/local fair housing enforcement organization that will conduct fair housing activities in underserved areas as defined in

Section I.C, program definitions, of this

NOFA. HUD is interested in serving rural areas and/or areas with new immigrants, especially racial and ethnic minorities who are not English-speaking or have

Limited English

Proficiency

Fair Housing Organizations

Initiative – Continued

Development General

Component

$1,500,000 QFHOs, FHOs, other private nonprofit fair housing enforcement organizations and nonprofit groups building their capacity to become a viable fair housing enforcement organization. As a threshold requirement for FHOI Continued

Development General

Component (CDGC), applicants applying for

FHOI-CDGC are not eligible to apply under

12-18 months

$325,000 Eligible activities are those that build the capacity of an organization to become a viable fair housing enforcement organization.

Examples of activities for continued development of existing organizations may include: (1) change from a fair housing

Available

Applicant Eligibility Project

Period

Award Caps Applicant

Eligible Activities the PEI Multi-Year component.

education organization to one which will include an enforcement staff or (2) access more sources of expertise or technical assistance, such as persons with legal or investigative skills in lending to work in the organization, or (3) open a satellite office in another location to increase enforcement

Fair Housing Organizations

Initiative – Lending

Discrimination Component

$2,500,000 QFHOs, FHOs, other private nonprofit fair housing enforcement organizations and nonprofit groups organizing or building their capacity to provide fair housing enforcement for the purpose of supporting the continued implementation of initiatives which address mortgage lending discrimination and enforce the rights granted under Title

VIII of the Civil

Rights Act of 1968 as amended.

12-18 months

Up to $325,000 In addition to the activities under the

PEI Lending

Component, applicants may propose to perform education, training, technical assistance, and other services to enhance the capacity of existing organizations to investigate and enforce fair lending laws to address mortgage lending discrimination, and to provide advocacy and direct assistance to victims of fair housing and fair lending laws including fraudulent or predatory mortgage rescue schemes.

B. Cost Sharing or Matching. No matching funds are required for the Education and

Outreach, Private Enforcement, or Fair Housing Organizations Initiatives.

C. Other

1. Threshold Requirements Applicable to All Applicants.

a. General Section Threshold Requirements. All applicants must comply with the threshold requirements as defined in the General Section (Section III.C.2.) and the Program Requirements listed below.

b. CCR Registration Requirement. Applicants must have an active registration in the Central

Contractor Registration (CCR) to receive an award of funds from HUD. CCR registration is also part of the grants.gov registration requirements.

c. Timely Recipt Requirement. See the General Section for timely receipt and grace period policy. Applicants not meeting the timely receipt requirements will have their applications returned without further review by the Technical Evaluation Panel (TEP).

d. Name Check Review. See General Section (section III.4.b)

e. Eligible Applicant. The applicant must meet the eligibility requirements as defined in

Section III A. Eligible Applicants. Applicants for PEI and FHOI 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. Please include in the application an IRS report showing 501(c)(3) status.

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

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

h. 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.

i. Performance. FHAP agencies under a suspension or performance improvement plan based on an agency performance, as designated under CFR Part 115.210(B) at the time of application are ineligible for funding unless the performance issues are resolved to HUD’s satisfaction before the application deadline.

j. Eligible Activiites. When the majority of the activities are ineligible, HUD will not fund the application.

k. Fair Housing Act/Protected Classes. Applicants that fail to address housing discrimination under the provisions of the Fair Housing Act will be ineligible.

l. Research Activities. Applicants are ineligible for funding if any of their project is aimed solely at research.

m. 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)).

n. Other Litigation. An application is ineligible for funding if the organization used funds provided by HUD (within the last three years) under this Program to settle 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 these requirements will not be eligible to receive an award.

2. Program Requirements.

a. Fair Housing Related Activities. All the activities and costs within the Statement of Work

(SOW) and budget must be fair housing related activities, and must demonstrate a connection to furthering the nondiscrimination provisions of the Fair Housing Act and substantially equivalent fair housing laws. HUD will not fund any portion of an application that is not eligible for funding under the regulatory requirements; or that does not meet the requirements under this

NOFA. Only the eligible portions of a successful application will be funded.

b. Fair Housing Act/Protected Classes. All FHIP-funded projects must address housing discrimination because of race, color, religion, sex, disability, familial status, and/or national origin and further the nondiscrimination provisions of the Fair Housing Act. The project may addresses discrimination based on gender stereotyping (e.g., gender identity discrimination). In addition, the project may address source of income discrimination if the organization believes that a practice that is neutral on its face and has been applied neutrally has disparate impact on a protected class under the Fair Housing Act or discrimination based on source of income contributes to a failure to affirmatively further fair housing. HUD is determined to ensure equal opportunity and access to housing in all communities across the nation. All services and activities must be available to the protected class members. The application’s description of proposed activities must reflect the commitment to address housing discrimination affecting all of the above protected classes.

3. Additional Requirements.

a. Affirmatively Furthering Fair Housing (AFFH). Under section 808(e)(5) of the Fair

Housing Act, HUD has a statutory duty to affirmatively further fair housing (see section

III.C.5.d. of the General Section for more information). Actions taken should be designed to address impediments to fair housing choice that are identified in the Analysis of Impediments to

Fair Housing Choice of the jurisdiction(s) in which the program activities occur; remedy discrimination in housing and urban development activities; promote diverse, integrated living patterns; and promote housing-related opportunities that overcome the effects of past discrimination based upon race, color, national origin, religion, sex, disability, and familial status. Consistent with the Department’s FHIP rule at 24 CFR 125.105, applicants must describe practices in the proposed service area that adversely affect the achievement of the goal of fair housing; specify activities to address these adverse practices to be conducted with FHIP funds, including the final product(s) and/or any reports to be produced; and describe the expected long-term results. Applicants will provide this information in their responses to the Rating Factor

Three.

b. Compliance with Fair Housing and Civil Rights Laws.

(1) With the exception of federally recognized Indian tribes and their instrumentalities, (a) applicants and their sub recipients 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 of 1973, Title II of the

Americans Disabilities Act, and Section 109 of the Housing and Community Development Act of 1974; and (b) if the applicant’s state or local government has passed a law or laws proscribing discrimination in housing based on sexual orientation or gender identity, or a law or laws proscribing discrimination based on lawful source of income, the applicant and any proposed sub-recipients must comply with those laws.

(2) If the applicant is conducting programs or activities with funds received under a HUD program NOFA in a state or local jurisdiction that has passed a law or laws proscribing discrimination in housing based upon sexual orientation or gender identity; or, a law or laws proscribing discrimination in housing based on lawful source of income, the applicant and its subrecipients must comply with those laws of the states or localities in which the programs or activities are conducted as well.

(3) If you are a federally recognized Indian tribe, you should review the particular civil rights requirements for the funding program specified in the program’s authorizing legislation, implementing regulations, and funding notice. For example, for programs authorized under the

Native American Housing Assistance and Self-Determination Act, the nondiscrimination 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.

c. Executive Order 13166, “Improving Access to Services for Persons with Limited English

Proficiency (LEP).”

Executive Order 13166 seeks to improve access to federally assisted programs and activities for individuals who, as a result of national origin, are limited in their English proficiency. Applicants obtaining federal financial assistance from HUD 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). For assistance and information regarding LEP obligations, go to http://www.justice.gov/crt/lep/guidance/HUD_guidance_Jan07.pdf. For more information on

LEP, please visit http://www.hud.gov/offices/fheo/promotingfh/lep.cfm.

d. 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 http://www.justice.gov/crt/lep/guidance/HUD_guidance_Jan07.pdf http://www.hud.gov/offices/fheo/promotingfh/lep.cfm 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 Title III of the Americans with

Disabilities Act.

e. Accessible Technology.

Section 508 of the Rehabilitation Act (Section 508) requires HUD and other federal departments and agencies to ensure, when developing, procuring, maintaining, or using electronic and information technology (EIT), that the EIT allow, regardless of the type of medium, persons with disabilities to access and use information and data on a comparable basis as is made available to and used by persons without disabilities. Section 508’s coverage includes, but is not limited to, computers (hardware, software, word processing, email, and Internet sites), facsimile machines, copiers, and telephones. Among other things, Section 508 requires that, unless an undue burden would result to the federal department or agency, EIT must allow individuals with disabilities who are federal employees or members of the public seeking information or services to have access to and use of information and data on a comparable basis as that made available to employees and members of the public who are not disabled. Where an undue burden exists to the federal department or agency, alternative means may be used to allow a disabled individual use of the information and data. Section 508 does not require that information services be provided at any location other than a location at which the information services are generally provided. HUD encourages its funding recipients to adopt the goals and objectives of Section 508 by ensuring, whenever EIT is used, procured, or developed, that persons with disabilities have access to and use of the information and data made available through the EIT on a basis comparable as is made available to and used by persons without disabilities. This does not affect recipients’ required compliance with Section 504 of the Rehabilitation Act and, where applicable, the Americans with Disabilities Act. Applicants and recipients seeking further information on accessible technology should go to http://www.section508.gov/.

f. Economic Opportunities for Low-and very Low-Income Persons (Section 3).

While the requirements of Section 3 of the Housing and Urban Development Act of 1968 do not apply to this NOFA, recipients of funding under this program should attempt to ensure that low-and very low-income residents of the metropolitan area where these funds are spent, particularly those that receive federal housing assistance, be informed of new training and employment opportunities created as a result of the funds awarded.

g. Eligibility of Successor Organizations for PEI. HUD recognizes that QFHOs and FHOs may either merge with each other or other organizations. The merger of a QFHO or an FHO with a new organization that has a separate Employer Identification Number (EIN) does not confer QFHO or FHO status upon the successor organization. To determine whether the successor organization meets eligibility requirements for this Initiative, HUD will look at the enforcement-related experience of the successor organization (based upon the successor organization’s EIN). The successor organization must establish in its application that it is a private, tax-exempt organization with the requisite two years of enforcement related experience for a QFHO or one year experience for an FHO to be eligible to apply under the PEI Initiative.

For the PEI Multi-year Funding Component, when QFHOs merge with another QFHO during the period of performance, HUD will look at the enforcement related experience of the merged http://www.section508.gov/ organization to determine continued eligibility status as a QFHO. When QFHOs merge with a

FHO with one year experience or less, HUD will assess the eligibility of the new organization under the PEI Multi-year Funding Component. If HUD determines that the organization is eligible, then HUD will issue a new award agreement and require submission of a Code of

Conduct for the new organization as well as an establishment of the new LOCCS account. In addition, the new organization must secure a new DUNS number and have an active registration in CCR before HUD will make the award to the new organization or allow additional funds to be drawn.

h. Education and Outreach Initiative National Based Program. National Media Campaign

Component. Applicants must meet the eligibility requirements for EOI as outlined in

Section III.A.1 of this NOFA. QFHOs, other fair housing enforcement organizations, and other nonprofit organizations representing groups of persons protected under Title VIII of the Civil

Rights Act of 1968.