Green and Resilient Retrofit Program (GRRPC) Comprehensive FR-6700-N-91A.pdf

U.S. Department of Housing and Urban Development

Office of Housing

Green and Resilient Retrofit Program (GRRPC) Comprehensive

FR-6700-N-91A

05/30/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

APPENDIX I: HUD’s Guidance for Preparing a Budget Request and Narrative

APPENDIX II: Minimum Standards for Benchmarking Data Entered Into EPA's Portfolio Manager

Program Office:

Office of Housing Funding Opportunity Title:

Green and Resilient Retrofit Program (GRRPC) Comprehensive Funding Opportunity Number:

FR-6700-N-91A

Assistance Listing Number (formerly CFDA Number):

14.021 Due Date for Applications:

05/30/2024

OVERVIEW

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

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

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

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

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

OMB Approval Number(s):

2502-0624

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

1. Purpose

The Green and Resilient Retrofit Program (GRRP) is authorized and funded by Section 30002 of the Inflation Reduction Act of 2022, (Public Law 117-169) (the “IRA”), titled “Improving Energy Efficiency or Water Efficiency or Climate Resilience of Affordable Housing.” The program seeks to amplify recent technological advancements in utility efficiency and energy generation, bring a new focus on preparing for climate hazards by reducing residents’ and properties’ exposure to hazards, and protecting life, livability, and property when disaster strikes.

GRRP is the first HUD program to simultaneously invest in energy efficiency, greenhouse gas emissions reductions, energy generation, green and healthy housing, and climate resilience strategies specifically in HUD-assisted multifamily housing. All the investments under the GRRP will be made in affordable housing communities serving low-income families in alignment with the Administration’s Justice40 initiative. GRRP investments will directly benefit residents of HUD-assisted housing, each a Justice40 disadvantaged community, by improving the quality, health, safety, and comfort of their housing, by strengthening their homes to be more resilient against extreme weather events, and by enhancing their ability to remain in their homes during the recovery from such events. Further, GRRP will advance the Administration’s environmental justice efforts by investing in the quality and resilience of HUD’s rent-assisted portfolio, properties serving the lowest-income Americans and a disproportionate number of older adults and persons with disabilities, often living in communities disproportionately vulnerable to the impacts of climate change.

HUD is offering GRRP funding through three separate cohorts designed to meet the different needs of HUD’s assisted multifamily portfolio. The three cohorts of awards will be implemented through three parallel Notices of Funding Opportunity (NOFOs), as follows:

The Elements NOFO provides modest awards designed to add proven and highly impactful climate resilience and carbon reduction measures to the construction scopes of in-progress recapitalization transactions.

The Leading Edge NOFO provides funding to owners aiming to quickly meet ambitious carbon reduction, renewable energy generation, use of building materials with lower embodied carbon, and resilience goals without requiring extensive technical assistance from HUD.

The Comprehensive NOFO provides funding to initiate recapitalization investments designed from inception around deep retrofits, focused on innovative energy efficiency and greenhouse gas emissions reductions, green and healthy housing measures, renewable energy generation, use of building materials with lower embodied carbon, and climate resilience investments. Comprehensive Awards are designed for the widest range of properties, including those that have not yet developed a recapitalization plan.

To the greatest extent feasible, these approaches will:

Substantially improve energy and water efficiency and reduce emissions, including moving properties toward net zero, zero ready, or zero over time energy and emissions performance standards;

Address climate resilience, including synergies that can be achieved between efficiency, emissions reduction, and resilience investments;

Enhance indoor air quality and resident health;

Implement the use of zero-emission electricity generation and energy storage;

Minimize embodied carbon and incorporate low-emission building materials or processes; and Support building electrification.

This NOFO makes available approximately $1,470,000,000 for the Comprehensive Awards and describes the eligibility and process to select properties for this funding. Housing Notice H 2023- 05 describes the program requirements that will govern properties and the use of funds after selection. This NOFO is designed to prioritize properties with high need for investments in energy efficiency, emissions reduction, and climate resilience. These awards, provided in the form of GRRP Grants or Surplus Cash Loans, will enable owners to implement construction scopes of work that comprehensively transform the properties’ energy consumption and emissions profiles and climate resilience.

Applications for eligible properties which are submitted in a timely manner will be ranked based on: (1) the property’s risk as evaluated through the Federal Emergency Management Agency’s (FEMA) National Risk Index; and (2) the property’s utility efficiency profile using either utility consumption benchmarking data entered into the Environmental Protection Agency’s (EPA) Portfolio Manager or, for properties that are unable to receive a score through EPA’s Portfolio Manager, the Multifamily Building Efficiency Screening Tool (MBEST). (MBEST is an excel-based tool created in partnership with the U.S. Department of Energy and the Lawrence Berkeley National Laboratory to screen multifamily buildings based on significant building features impacting energy efficiency and to understand current levels of energy efficiency and opportunities for improvement.)

Owners that submit complete applications by the due date will be eligible for reimbursement of certain pre-application costs of utility benchmarking without regard to their ranking and selection for Comprehensive Award funding. Award of funds for reimbursement shall be separate from the Comprehensive Award funding amounts described in the following paragraph.

Applicants selected for funding under this NOFO will be eligible to receive a grant or a loan repayable from surplus cash up to the lesser of a) $80,000 per unit at the property, b) $20,000,000, or c) the cost of eligible GRRP program investments. The final award amount will be determined based on the cost of eligible GRRP program investments. Owners receiving these awards may also be eligible to receive HUD-provided loans to support certain owner contribution requirements under the program.

After selection, the applicant will be subject to the terms and requirements set forth in Housing Notice H 2023-05. Generally, 1) the property must be assessed to determine the appropriate scope of rehabilitation that the property will require to address its capital, green and healthy housing, energy and emissions reduction, and climate resilience needs, 2) HUD will use these assessments to size the final funding amounts based on eligible program investments, 3) the owner must submit a GRRP Comprehensive Award Transaction Plan (the Transaction Plan) addressing program compliance matters and the transaction financial structure, 4) the project must reach financial closing, including the execution of grant and/or loan agreements and other required closing documents, 5) property rehabilitation must begin promptly after the financial closing, and 6) the owner must provide information to HUD to confirm completion of the eligible program investments and support ongoing program evaluation.

An owner must select which cohort is most appropriate for any particular property and may submit an eligible property to only one of the NOFOs available under the GRRP. Once an application for an eligible property has been accepted for review under one of the GRRP NOFOs, any other applications under the GRRP NOFOs for the same property will be considered ineligible. Within a single NOFO, the most recent complete application submitted shall be reviewed and previously submitted applications under the same NOFO are considered invalid. If an owner determines they would like to submit an application under a different NOFO, the owner must withdraw the pending application prior to submitting a new one for a different NOFO. An eligible property cannot receive an award under more than one NOFO.

Housing Notice H 2023-05 provides more detail to guide an owner in choosing a NOFO.

Further program guidance is provided in Housing Notice H 2023-05, which all potential applicants should review alongside this NOFO. Capitalized terms used but not defined in this NOFO shall have the definitions ascribed to them in Housing Notice H 2023-05.

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

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

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan

1. 2B: Improve Rental Assistance Improve rental assistance to address the need for affordable housing.

2. Strategic Goal 4: Advance Sustainable Communities Advance sustainable communities by strengthening climate resilience and energy efficiency, promoting environmental justice, and recognizing housing's role as essential to health.

3. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

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

All properties selected under this NOFO will be required to comply with the requirements in Housing Notice H 2023-05, and will make investments to achieve some or all of the following objectives:

Lower carbon emissions and improve energy and water efficiency.

Incorporate renewable energy use, where appropriate.

Further climate resilience to better withstand the impacts of natural hazard events and protect residents.

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

Reduce resident exposure to health risks and environmental hazards.

Improve the quality of HUD-assisted multifamily housing for residents.

Support long-term housing preservation through extended affordability requirements.

3. Changes from Previous NOFO

N/A

4. Definitions

a. Standard Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

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

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations

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

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

(1)

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

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

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

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

(4) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement in 2 CFR 200.1.

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1601);

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

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf

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

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

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

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

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

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

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

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

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

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

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

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

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

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

https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/

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

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

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

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

b. Program Definitions.

All program specific definitions are listed in Housing Notice H 2023-05.

B. Authority

The Green and Resilient Retrofit Program is authorized and funded by Section 30002 of the Inflation Reduction Act of 2022 (Public Law 117-169, approved August 16, 2022).

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $1,470,000,000 is available through this NOFO.

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

The amount made available under this NOFO is an estimate of the total of grants and loans repayable from Surplus Cash that will be issued to selected properties. HUD will select properties based on the ranking set forth in this NOFO until the aggregate estimated subsidy associated with the grant and loan awards for the selected properties reaches $609,500,000. As a result, the total awards may be greater or lesser than the amount listed.

B. Number of Awards

HUD expects to make approximately 300 awards from the funds available under this NOFO.

C. Minimum/Maximum Award Information

The amounts listed represent the funds available for GRRP Grants or Surplus Cash Loans to support the green and resilient retrofits that an owner is requesting by submitting an application under this NOFO. In addition to these amounts, applicants will be eligible for reimbursement of https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government certain costs of utility benchmarking, up to $2,500 per property, without regard to their ranking and selection for Comprehensive Award funding. Funds for reimbursement for utility benchmarking costs are separate from the award amounts set forth here. The benchmarking funding is available pursuant to Section 30002(a)(4) of the IRA GRRP statute.

Further, in limited circumstances as detailed in Housing Notice H 2023-05, selected properties may become additionally eligible for an amortizing loan, which shall be in addition to the award amounts set forth here.

Maximum funding is the lesser of $20,000,000 per property or $80,000 per unit at the property.

Estimated Total Funding:

$1,470,000,000 Minimum Award Amount:

$1 Per Project Period

Maximum Award Amount:

$20,000,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

07/31/2024 Estimated Project End Date:

05/29/2026 Length of Project Periods:

48-month project period and budget period

Other

Length of Periods Explanation of Other:

Project start dates, end dates, and length of project periods will vary based on each project’s scope of work and individual circumstances. The numbers provided above are estimates, and HUD reserves the right to modify these time periods at HUD’s discretion.

E. Type of Funding Instrument

Funding Instrument Type:

O (Other) Selected properties will be eligible for loans or grants as described in Housing Notice H 2023-05.

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

99 (Unrestricted (i.e., open to any type of entity above), subject to any clarification in text field entitled "Additional Information on Eligibility")

Additional Information on Eligibility An entity is an Eligible Applicant and may apply under this NOFO if it:

1. Owns a property that is assisted under one of the following forms of assistance contract with

HUD:

A. Properties assisted by the following types of Project-Based Rental Assistance (PBRA) Housing Assistance Payments (HAP) Contracts:

a. New Construction

b. State Housing Agencies Program

c. Substantial Rehabilitation

d. Section 202/8

e. Rural Housing Services Section 515/8 (including Section 8 Farmer Home

Administration (FmHA))

f. Loan Management Set-Aside (LMSA)

g. Property Disposition Set-Aside (PDSA)

h. Rental Assistance Demonstration (RAD) PBRA Contracts executed on or before

September 30, 2021

i. Pension Fund PBRA Contracts executed on or before September 30, 2021.

B. Properties assisted under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and Section 202 of the Housing Act of 1959 (former 12 U.S.C. 1701q), as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act (“Section 202”), including:

a. Section 202/162 Project Assistance Contract (PAC)

b. Section 202 Capital Advance (commonly known as “Section 202 Project Rental

Assistance Contract” (PRAC) properties)

c. Section 202 Direct Loans (commonly known as “Pre-1974 Section 202 Direct

Loan” properties)

C. Properties assisted under Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) (“Section 811”), including:

a. Section 811 Capital Advance (commonly known as “Section 811 Project Rental Assistance Contract” (PRAC) properties)

b. Section 811 Project Rental Assistance (PRA)

D. Properties assisted under Section 236 of the National Housing Act (12 U.S.C. 1715z-1) which are receiving Section 236 Interest Reduction Payments (IRP)

2. Has a signed purchase agreement, purchase option, or an agreement or option to enter into a long-term ground leasehold interest (more than 50 years) for a property assisted under the programs listed above, provided that A) the applicant submits a consent to the application executed by the owner; B) at the time of any request by HUD for confirmation between the date of application and the financial closing, the purchase has either been consummated or the purchase agreement or purchase option remains valid; and C) the applicant or its assignee is the legal owner of the property at the point of Closing as defined in Housing Notice H 2023-05.

All Eligible applicants will be able to request a GRRP Grant or Surplus Cash Loan in their application. Please note however that PRAC funds cannot be used to pay debt service and are not eligible sources of funds to repay Surplus Cash Loans.

Faith-based organizations

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

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

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

B. Ineligible Applicants

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

C. Cost Sharing or Matching

This Program requires cost sharing or matching as described below.

This Program requirescost sharing or matching as described below and in Section 5.5 of Housing Notice H 2023-05.

Owners receiving a GRRP award will be required to cover costs of property rehabilitation that are not covered by the GRRP funding. These requirements are detailed in Housing Notice H 2023-05. Cost sharing or leverage is not a rating factor in selecting applications for participation in the program.

D. Threshold Eligibility Requirements

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

1. Resolution of Civil Rights Matters https://www.ecfr.gov/current/title-24/subtitle-A/part-5#p-5.109

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

3. Contract Types. To be eligible to apply for funding under GRRP, the property must be assisted under one of the forms of assistance contract with HUD listed in Section III.A, above, on or before the date of Closing of the GRRP award.

4. Good Standing. To be eligible to apply for funding under GRRP, at the time of application, at the time of Closing, and at any intermediate points as detailed in Housing Notice H 2023-05:

The property must have a satisfactory rating on its last Management and Occupancy Review, or, if the property received a less than satisfactory rating on its last Management and Occupancy Review, the owner has taken corrective actions satisfactory to the Contract Administrator (CA) and/or HUD, or the owner has provided to the CA and/or HUD a plan for corrective actions and a timeframe for their completion, all of which are acceptable to HUD or the CA.

The property must have a passing physical inspection score (e.g., Uniform Physical Condition Standards (UPCS) score of at least 60) or, if the previous physical inspection resulted in a failing score (e.g., UPCS score below 60), the owner has submitted a certification to its HUD field office that all repairs identified by the Real Estate Assessment Center (REAC) and resulting self-inspection have been completed, or HUD has accepted the owner’s plan to address all physical deficiencies.

The property must be in compliance with the terms of any existing HUD Regulatory Agreement, Use Agreement, Note, and/or Mortgage.

The owner must be current in the submission of audited or owner-certified Annual Financial Statements (AFS) for the subject property, if applicable, and must not have any outstanding findings.

Based on its most recent AFS submission, the property either a) must not have frequent delinquencies (three or more times a year) on an FHA-insured mortgage and must not have a debt service coverage ratio less than 1.0, excluding owner contributions, or b) if a condition identified in (a) is present, the owner has submitted a plan satisfactory to HUD to resolve such condition.

The owner must not have provided a 120-day notice of intent to opt-out of the program providing rental assistance for the subject property (see Section 8 Renewal Guide, section 11-4 G) or, if a notice has been provided, the owner must withdraw the notice and notify the tenants that the notice has been withdrawn prior to application for this program.

The owner of a property assisted under a Section 202 Direct Loan must not have submitted a request for repayment of a Section 202 Direct Loans or, if a request has been submitted, the owner must withdraw the request.

5. Assisted Units. The assisted units in the property must constitute more than 50% of the total dwelling units in the property.

E. Statutory and Regulatory Requirements Affecting Eligibility

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

Universal Identifier and System for Award Management (SAM.gov) Requirements Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Mandatory Disclosure Requirement Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Prohibition Against Lobbying Activities

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

F. Program-Specific Requirements

Please refer to Housing Notice H 2023-05 for program requirements.

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

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

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

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

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

HUD encourages applicants to consider the structure and flow of the GRRP program in preparing the narrative response to Advancing Racial Equity as described above. Racial composition of the persons or households who are expected to benefit from the proposed activities should be known. Potential barriers in this program could be lack of engagement by residents of color or temporary relocation to segregated, low opportunity areas. Steps that might reduce those barriers could include efforts to promote broad tenant participation at meetings and relocation planning that minimizes disruption to affected residents. If you do not identify any potential barriers to persons or communities of color equitably benefitting from your proposed grant activities, then you should state that there are no reasonably identifiable potential barriers and do not need to detail steps to reduce barriers. Be mindful as you implement your grant https://www.hud.gov/grants https://www.hud.gov/grants https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government activities under this NOFO that you must ensure persons and communities of color are equitably benefitting from these activities. This narrative should be included in the Excel Application.

G. Criteria for Beneficiaries.

N/A

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

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

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

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

Name:

GRRP Team Email:

GRRP@hud.gov HUD Organization:

Street:

451 7th Street, SW - Room 6230 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 All emails sent to GRRP@hud.gov should list the name of the NOFO in question in the…