HRH-LBPCF-NOFO_FR-6800-N-68.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Housing-Related Hazards & Lead-Based Paint Capital Fund Program

FR-6800-N-68

07/01/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Public and Indian Housing

Funding Opportunity Title:

Housing-Related Hazards & Lead-Based Paint Capital Fund Program Funding Opportunity Number:

FR-6800-N-68

Assistance Listing Number:

14.888 Due Date for Applications:

07/01/2024

OVERVIEW

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

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

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

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

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

OMB Control Number(s):

2577-0157 (nonsubstantial change pending)

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The purpose of the Housing-Related Hazards Capital Fund (HRHCF) & Lead-Based Paint Capital Fund Program (LBPCF) Notice of Funding Opportunity (NOFO) is to evaluate and reduce residential health hazards in public housing, including lead-based paint, carbon monoxide, mold, radon, and fire safety. In accordance with Section 9 of the United States 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

Housing Act of 1937 (42 U.S.C. 1437g) (1937 Act), and the Consolidated Appropriations Act for 2024, $65 million shall be made available for competitive grants to public housing agencies (PHAs) to evaluate and reduce housing-related hazards including lead-based paint in public housing, whereas no less than $25 million of the $65 million in available funds are awarded for evaluating and reducing lead-based paint hazards specifically by carrying out the activities of lead-based risk assessments, inspections, abatement, interim controls, and clearance examinations. In the event there are not enough eligible applications to award $25 million in competitive grants to evaluate and reduce lead-based paint hazards, any remaining amounts may be awarded to qualified applicants for evaluating and reducing housing-related hazards. These amounts are combined with an additional $19.5 million in carryover funding from the Consolidated Appropriations Act, 2023 for lead-based paint and approximately $3.3 million in recaptured funds from the Consolidated Appropriations Act, 2021 for lead-based paint.

Although two grant programs are combined under one NOFO, applicants must request funding from each grant program separately per the program requirements and application submission guidelines. Applicants may apply for one grant program or both. Applications will be competitively scored based on the unique rating factors for each individual program and funding may be awarded, fully or partially, under one program, both, or neither based on the rating, ranking, and funding available under each program. If the applicant is applying for funding under both grant programs, the rating and rankings are determined separately.

2. HUD and Program-Specific Goals and Objectives

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

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

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

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

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

Each grantee is expected to develop performance goals and monitor outcomes related to the following program-specific strategic objectives:

Program-Specific Strategic Objectives (Strategic Goal 2):

• Determine the quality, health, and safety of the HUD rental assistance portfolio by significantly increasing physical inspections.

• Implement National Standards for the Physical Inspection of Real Estate (NSPIRE).

3. Changes from Previous NOFO

Previous versions of this announcement include FR-6600-N-68, Housing-Related Hazards & Lead-Based Paint Capital Fund Program.

Section I.A. Program Description – This NOFO no longer includes asbestos as a category for housing-related hazard funding.

Section I.A. Program Description – In the event there are not enough eligible applications to award $25 million in competitive grants to evaluate and reduce lead-based paint hazards, any remaining amounts may be awarded to qualified applicants for evaluating and reducing housing-related hazards.

Section I.A. Program Description– This section is updated to include HUD Strategic Plan goals and objectives.

Section II.C. Minimum/Maximum Award Information – The maximum individual grant award amount for a LBPCF grant has been increased from $5,000,000 to $7,5000,000. In cases where an applicant applies for both Lead-Based Paint Capital Funds and Housing-Related Hazards Capital Funds, the maximum combined grant amount is $12,500,000, whereas each individual grant request does not exceed the maximum grant amount of $7,500,000 for Lead- Based Paint and $5,000,000 for Housing-Related Hazards.

Section II.D Period of Performance /Section V.A. Review Criteria – Under this NOFO, applicants who receive funding under the LBPCF program are required to use a portion of their grant award (up to 10% of the total grant award) for a combined lead-based paint risk assessment and inspection covering all eligible IMS/PIC Development(s)/AMP(s) identified in the application in accordance with the Lead Safe Housing Rule (24 CFR part 35). Applicants who receive an award will be required to provide evidence of risk assessments and inspections no later than 12 months from the date of grant award. For LBPCF applicants that already have completed a lead-based paint risk assessment and inspection, applicants must be able to provide a completed risk assessment dated no more than 24 months prior to the NOFO application deadline date and a lead-based paint inspection no older than January 1, 2012, the year of the most recent edition of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. If an applicant does not meet one of these requirements, any unspent grant funds will be recaptured.

Section III.F. Program-Specific Requirements – This section is updated to emphasize three requirements supporting the following HUD priorities: Advancing Racial Equity, Experience Promoting Racial Equity, and Affirmatively Furthering Fair Housing.

Section IV.B. Content and Form of Application Submission – The Narrative (HRHCF only) has been renamed Need Assessment Narrative.

Section IV.B. Content and Form of Application Submission – This section is updated to include required narratives addressing the following HUD priorities: Advancing Racial Equity, Experience Promoting Racial Equity, and Affirmatively Furthering Fair Housing.

Section V.A. Review Criteria – Under HRHCF, the Fire Sprinkler category has been changed to Fire Safety.

Section V.A. Review Criteria – Applicants who have previously completed lead-based paint risk assessments dated no more than 24 months prior to the NOFO application deadline and lead-based paint inspections no older than January 1, 2012, will receive 5 points under Rating Factor 2, Soundness of Approach.

Section V.A. Review Criteria – Under the LBPCF Program, Rating Factor 2: Description of Plan to Implement the Grant, the maximum points have been reduced from 10 points to 5 points.

Section V.A. Review Criteria – Under both the LBPCF and the HRHCF Programs, a maximum 20 points can be earned in Rating Factor 1: Percentage of Portfolio Impacted.

o Under the LBPCF Program, the maximum points for "Property Construction Date" has been reduced from 40 points to 20 points.

o Under the HRHCF Program, the percentage of units impacted in each proposed AMP is no longer being calculated and scored.

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 affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

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

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

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

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

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

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

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

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

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

E-Business Point of Contact (E-Biz POC) is an individual associated with the applicant organization who is responsible for the administration and management of award activities for the applicant organization. The E-Biz POC is likely to be an organization's chief financial officer https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

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

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

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

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

(1)

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

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

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

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

https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government 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

(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.

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.

Promise Zones (PZs) are high poverty areas in select urban, rural and tribal communities designated from 2014-2016 where the Federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

See Promise Zones.

Racial Equity is the elimination of racial disparities and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons.

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

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

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

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

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

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

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

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

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

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

b. Program Definitions.

Abatement means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the EPA. Abatement includes the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead painted surfaces or fixtures, and the removal or covering of lead contaminated soil, as well as all preparation, cleanup, disposal, and post-abatement clearance examination activities associated with such measures. For this program, grantees are expected to follow the HUD Guidelines, Chapters 12 and 13.

Clearance examination means an activity conducted following lead-based paint hazard control to determine that the hazard control activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in the Lead Safe Housing Rule (24 CFR part 35, subparts B

– R; specifically, here, 24 CFR 35.110 and 35.1320), exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples. Dust-lead standards for clearance are found at 24 CFR 35.1320. Specific requirements for a clearance examination, including the number of units to be sampled, can be found in EPA regulations at 40 CFR Part 745 and in Chapter 15 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (“HUD Guidelines”) at HUD Guidelines.

Interim controls means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines paint maintenance activities, and the establishment and operation of management and resident education programs. For this program, grantees are expected to follow the HUD Guidelines, Chapter 11 for performing interim controls.

Lead-based paint evaluation means performing lead dust, soil and paint-chip testing, lead-based paint inspections, risk assessments, clearance examination, and engineering and architectural activities that are required for, and in direct support of, interim control and lead hazard control work, of eligible housing units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards from paint, dust, or soil using acceptable testing procedures. Risk assessments and inspections must be in compliance with EPA regulations at 40 CFR Part 745 and the HUD Guidelines, as described in Chapters 5 and 7.

Lead-based paint inspection means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. Note that lead-based paint inspections are performed by EPA- or State-certified Lead-Based Paint Inspectors or Risk Assessors, and include calibration of the X-ray fluorescence (XRF) equipment at required intervals, a statistically valid sampling of units and building components within units based on the size of the property and construction history, XRF testing of all painted surfaces, and XRF results downloaded directly from the equipment. Unit-by-unit dust testing, or random paint chip sampling is not sufficient information for a certified lead abatement professional to use to develop a work plan. Specific requirements for a Lead Inspection, including the number of units to be sampled, can be found in EPA regulations at 40 CFR Part 745 and in Chapter 7 of the HUD Guidelines.

Lead-based paint hazard control means the control or elimination of all lead-based paint hazards identified in housing units and in common areas of multi-family housing through either interim controls or lead-based paint abatement, or a combination of both. Lead hazard control must be in compliance with Chapters 11, 12 and 13 of the HUD’s Guidelines at HUD Guidelines.

Relocation means carrying out temporary relocation for families and individuals while the remediation is conducted and until the time the affected unit receives clearance for re-occupancy.

HUD expects that most temporary relocation for lead hazard control work would be for 30 days or less. Temporary relocation of residents must be carried out in compliance with all applicable programmatic requirements including applicable Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) regulatory amendments at 49 CFR part 24 and described in HUD Handbook 1378 – Tenant Assistance, Relocation and Real Property Acquisition (Chapter 2) and the Capital Fund Guidebook. Additional information and resources on the URA, including Handbook 1378, are available at www.hud.gov/relocation.

Risk assessment means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and the provision of a report by the individual or firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards. Specific requirements for a Risk Assessment, including the number of units to be sampled, can be found in EPA regulations at 40 CFR Part 745 and in Chapter 5 of the HUD Guidelines.

https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines https://www.hud.gov/program_offices/administration/hudclips/handbooks/cpd/13780 https://www.hud.gov/program_offices/administration/hudclips/handbooks/cpd/13780 https://www.hud.gov/sites/documents/CAPITALFUNDGUIDEBOOKFINAL.PDF https://www.hud.gov/program_offices/comm_planning/relocation

Target housing (for Lead-Based Paint Capital Fund Program only) means any housing constructed prior to 1978, except housing designated for the elderly or persons with disabilities, or any 0-bedroom dwelling (unless a child of less than 6 years of age resides or is expected to reside in such housing), as defined in the Residential Lead-based Paint Hazard Reduction Act of 1992 (Public Law 102-550, enacted October 28, 1992).

Worker Protection means protecting the health and safety of the hazard control workers, supervisors, and contractors. All work shall be done in compliance with relevant OSHA standards for worker protection, including 29 CFR 1926.59 and 1926.62, and/or applicable state or local standards for worker protection, as required by the Lead Safe Housing Rule at 24 CFR

35.145 and 35.150(b), respectively.

B. Authority Funding, authority, and requirements for this program is provided by Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (1937 Act) and regulations at 24 CFR part 905, the Consolidated Appropriations Act, 2021 (Public Law 116-260, enacted December 27, 2020), the Consolidated Appropriations Act, 2023 (Public Law 117-328, enacted December 29, 2022) and the Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $87,800,000 is available through this NOFO. Subject to appropriations, HUD reserves the right to award fiscal year 2025 funds based on this NOFO competition.

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

Funding of approximately $87,800,000 includes $65 million in funding from the Consolidated Appropriations Act of 2024, $19.5 million in carryover funding from the Consolidated Appropriations Act of 2023 (for lead-based paint), and approximately $3.3 million in recaptured funds from the Consolidated Appropriations Act of 2021 (for lead-based paint).

Of the fiscal year 2024 funds, HUD shall make $65 million available for competitive grants to PHAs to evaluate and reduce housing-related hazards including lead-based paint in public housing, whereas no less than $25 million of the $65 million in available funds shall be awarded for evaluating and reducing lead-based paint hazards specifically by carrying out the activities of lead-based risk assessments, inspections, abatement, interim controls, and clearance examinations. In the event there are not enough eligible applications to award $25 million in competitive grants to evaluate and reduce lead-based paint hazards, any remaining amounts may be awarded to qualified applicants for evaluating and reducing housing-related hazards.

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

B. Number of Awards HUD expects to make approximately 40 awards from the funds available under this NOFO.

HUD anticipates issuing approximately 40 additional awards with FY 2025 funding should additional funding be appropriated for these same purposes.

C. Minimum/Maximum Award Information The minimum grant award amount is $10,000 per request. If the applicant is requesting a grant for both LBPCF and HRHCF, then the minimum request for each grant program is $10,000.

The maximum individual grant award amount for a LBPCF grant is $7,500,000. The maximum individual grant award amount for a HRHCF grant is $5,000,000. In cases where an applicant applies for both LBPCF and HRHCF, an applicant may be considered for a maximum combined grant amount of $12,500,000, whereas each individual grant request does not exceed the maximum grant amount of $7,500,000 for LBPCF and $5,000,000 for HRHCF.

Estimated Total Funding:

$87,800,000 Minimum Award Amount:

$10,000 Per Project Period

Maximum Award Amount:

$7,500,000 Per Project Period

D. Period of Performance Section 9(j) of the 1937 Act on Capital Fund expenditure timelines applies. Unless HUD grants an obligation extension, Public Housing Agencies (PHAs) must obligate 90 percent of the grant award within 24 months of the date the funds are made available to the PHA. An obligation is a binding agreement (executed by all parties) for work or financing that will result in outlays of Capital Funds by the PHA, immediately or in the future. The entire grant award must be expended fully within 24 months following the obligation end date unless an extension to the obligation period is granted under the 1937 Act. No extensions are permitted by section 9(j) for expenditure periods.

Estimated Project Start Date:

09/01/2024 Estimated Project End Date:

09/01/2028 Length of Project Periods:

48-month project period and budget period

Length of Periods Explanation of Other:

Within 12 months from the date of grant award, applicants who receive funding under the LBPCF are required to complete and provide evidence of a combination lead-based paint risk assessment and inspection. Applicants who receive funding under LBPCF are required to use a portion of their grant award (up to 10% of total grant award) for lead-based paint risk assessments and lead-based paint inspections covering all eligible IMS/PIC Development(s)/AMP(s) identified in the application in accordance with the Lead Safe Housing Rule (24 CFR part 35). For LBPCF applicants that already have completed a lead-based paint risk assessment and inspection, applicants must be able to provide a completed risk assessment dated no more than 24 months prior to the NOFO application deadline date and a lead-based paint inspection no older than January 1, 2012, the year of the most recent edition of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, as further described in Section V.A.1. If an applicant does not meet one of these requirements, any unspent grant funds will be recaptured.

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant) For each PHA, HUD will only accept one HRHCF application and one LBPCF application in their package. However, each application package may include a request for funding for one or both grant programs (HRHCF or LBPCF) and may request funding for one or more public housing projects (Inventory Management System (IMS)/ PIH Information Center (PIC) Development(s)/ Asset Management Project (AMP)).

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 08 (Public housing authorities/Indian housing authorities)

Additional Information on Eligibility Public Housing Agencies with the legal authority to develop, own, modernize, and operate a public housing project in accordance with the Act are eligible. PHAs participating in the Moving to Work Demonstration Program (MTW) are eligible to apply. PHAs that are troubled are eligible for funding if the agency is in compliance with any current Memorandum of Agreement or Recovery Agreements.

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 part 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 https://www.ecfr.gov/current/title-24/subtitle-A/part-5#p-5.109

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€, 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

• Tribes and tribally designated housing entities (TDHEs), nonprofit organizations, and resident associations are not eligible to apply.

• Individuals, foreign entities, and sole proprietorship organizations are not eligible to compete for or receive, awards made under this announcement.

C. Cost Sharing or Matching This Program does not require cost sharing or matching.

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

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

If HUD receives electronically multiple versions of an application, HUD will rate and rank the last version of the application received by Grants.gov that meets the timely receipt requirements.

All other applications (i.e., prior versions) will not be considered eligible. If applicants find after submitting an application that they want to amend or adjust their application, and it is prior to the deadline date, applicants should be aware that they must resubmit the entire application to ensure that HUD gets a complete application.

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 Competitive https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fy24eligibility

Programs” document on HUD’s Funding Opportunities page. Applicants who fail to meet any of these eligibility requirements are deemed ineligible to receive HUD funding.

1. Universal Identifier and System for Award Management (SAM.gov) Requirements

2. Outstanding Delinquent Federal Debts

3. Debarments or Suspensions, or both

4. Mandatory Disclosure Requirement

5. Pre-selection Review of Performance

6. Sufficiency of Financial Management System

7. False Statements

8. 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 2 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

F. Program-Specific Requirements The following are program-specific threshold requirements. Applicants who fail to meet any of the following program-specific threshold eligibility requirements are deemed ineligible.

Applications from ineligible applicants are not rated or ranked and will not receive HUD funding. These items cannot be corrected by an applicant after the submission deadline.

Grant Designation Statement: (2 page maximum)

The applicant must submit a grant designation statement that includes the following:

• Identify under which grant program(s) funds are being requested:

HRHCF, LBPCF, or both.

• List the respective dollar amount for each grant request.

• For each grant being requested, list all IMS/PIC

Development(s)/AMP(s) identified in the application.

• For each grant being requested, identify the number of units directly impacted by the proposed activities for each IMS/PIC Development(s)/AMP(s) listed in the application.

• For HRHCF grant requests, list the hazard(s) identified in the application and the associated cost for each hazard.

• For LBPCF grant requests, indicate if the proposed work activities include a lead-based paint risk assessment and inspection.

• For LBPCF grant requests that do not include costs for lead-based paint risk assessments and inspections, indicate when both a risk assessment and inspection were performed for all eligible IMS/PIC Development(s)/AMP(s) identified in the application in accordance with the Lead Safe Housing Rule (24 CFR part 35). Note that the risk assessment must have been completed no later than 24 months prior to this NOFO's application deadline date. Lead-based paint inspections should be no older than 2012, the most recent edition of https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fy24eligibility https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/appendix-Appendix%20A%20to%20Part%20170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.

• A Grant Designation Statement Template is provided as an Attachment to this NOFO.

Form HUD- 50075.1, Annual Statement (Parts I

& II)

• Applicants must include a separate form HUD-50075.1 (Parts I & II) for each HRHCR and/or LBPCF grant program in which funds are being requested.

• The PHA must list all IMS/ PIC Development(s)/AMP(s) names and numbers as they appear in PIC on each form HUD-50075.1 submitted

Need Assessment Narrative (HRHCF grant requests only):

For HRHCF grant requests, applicants must submit a narrative to address 'HRHCF Rating Factor 1: Need' noted in Section V.A.1 of this NOFO.

Failure to submit a Need Assessment Narrative for HRHCF requests is not curable and shall not be requested by HUD during the deficiency or "cure" period. Similarly, if any of the items in Rating Factor 1 noted in Section V.A.1: ‘Need’ are missing from the narrative, it shall not be requested during the deficiency process.

• The Need Assessment Narrative cannot exceed 5 pages.