Section 811 Project Rental Assistance for Persons with Disabilities FR-6700-N-53.pdf

U.S. Department of Housing and Urban Development

Multifamily Housing

Section 811 Project Rental Assistance for Persons with Disabilities

FR-6700-N-53

02/12/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

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

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Multifamily Housing Funding Opportunity Title:

Section 811 Project Rental Assistance for Persons with Disabilities Funding Opportunity Number:

FR-6700-N-53

Assistance Listing Number (formerly CFDA Number):

14.326 Due Date for Applications:

02/12/2024

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):

2502-0608

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The Frank Melville Supportive Housing Investment Act of 2010 (Pub. L. No. 111-374) amended Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to give HUD authority to delegate award and oversight of Section 811 operating assistance to States which: 1) can fully fund the initial costs of the Section 811 units without a traditional Section 811 capital advance grant from HUD and, 2) demonstrate a strong collaboration with their 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

Health and Human Service/Medicaid agency to comprehensively address the needs of persons with disabilities. The Section 811 Project Rental Assistance (811 PRA) program provides funding to state housing and other appropriate agencies for project-based rental operating assistance for extremely low-income persons with disabilities. The primary purpose of the Section 811 PRA Program is to identify, stimulate, and support innovative state-level strategies that will transform and increase housing for extremely low-income persons with disabilities, while also making available appropriate support and services. The 811 PRA program supports collaborations between State Housing and Health and Human Service/Medicaid Agencies that result in increased access to affordable supportive housing units – new and existing– with access to appropriate services. Many states have already developed partnerships to address this need, and HUD intends to further support these efforts as well as to incentivize additional states to develop similar collaborative efforts. This Section 811 PRA NOFO will allow HUD to identify and support successful and promising state models. This program provides states with the flexibility to award and administer these funds to address the shortage of affordable and integrated housing for persons with disabilities. Housing agencies may either directly administer the rental assistance contracts for eligible properties or contract with other qualified parties to administer them.

The desired outcomes of the program include:

• Facilitating and sustaining effective and successful partnerships between State Housing or other appropriate housing agencies and State Health and Human Service/Medicaid agencies to provide permanent housing with the availability of supportive services for extremely low-income persons with disabilities;

• Integrating affordable housing with access to appropriate services for persons with disabilities;

• Substantially increasing integrated affordable rental housing units for persons with disabilities within existing, new, or rehabilitated multifamily properties with a mix of incomes and disability status, in well-resourced neighborhoods of opportunity.

2. HUD and Program-Specific Goals and Objectives

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

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

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas all people.

2. 1A: Advance Housing Justice Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

3. 1B: Reduce Homelessness Strengthen Federal, State, Tribal, and community implementation of the Housing First approach to reducing the prevalence of homelessness, with the ultimate goal of ending homelessness.

4. 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

5. Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

6. 2A: Increase the Supply of Housing Enhance HUD's programs that increase the production and supply of housing across the country.

7. 2B: Improve Rental Assistance Improve rental assistance to address the need for affordable housing.

8. Strategic Goal 3: Promote Homeownership Promote homeownership opportunities, equitable access to credit for purchase and improvements, and wealth-building in underserved communities.

9. 3A: Advance Sustainable Homeownership Advance the deployment of tools and capital that put sustainable homeownership within reach.

10. 3A � Major Initiative: Expand Homeownership Opportunities Promote financing for innovative ownership models to increase the availability of affordable housing.

11. 3B: Create a More Accessible and Inclusive Housing Finance System Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

12. 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.

13. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

14. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

15. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

Applicable Goals and Objectives from HUD’s Strategic Plan:

1B: Reduce Homelessness:

Applicants must have an Inter-Agency Partnership Agreement with the state agency responsible for health and human services programs and/or the state agency designated to administer or supervise the administration of the state's plan for medical assistance, and to target populations such as persons with disabilities who are institutionalized, at serious risk of institutionalization, homeless, and at risk of homelessness.

2A: Increase the Supply of Housing:

HUD will award points up to 10 points to Applicants that are able to align the PRA program to state or local initiatives to increase the supply of permanent supportive housing for persons with disabilities.

2B: Improve Rental Assistance:

HUD will award points to Applicants that have demonstrated five years or more experience in managing affordable multifamily housing, specifically experience in compliance and monitoring, leveraging resources to support affordable housing, and managing housing that serves persons with disabilities.

4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health. HUD will award up to 15 points to Applicants that go beyond the minimum program requirement of submitting the Inter- Agency Partnership agreement and develop a detailed, high-quality, Inter-Agency Partnership agreement that includes the management, coordination, and integration of services.

Funding Opportunity GoalsThe primary purpose of the Section 811 Project Rental Assistance Program is to identify, stimulate, and support innovative state-level strategies that will transform and increase housing for extremely low-income persons with disabilities, while also making available appropriate support and services.

3. Changes from Previous NOFO

• Strategic Goal - Integrate Health and Housing. Applicants should align their PRA programs to reflect housing's essential role to the health and welfare of the individuals served by the program.

• Modifications to the Negotiation Provision. HUD will not negotiate or modify language in approved OMB forms that are included as attachments to the award agreement.

• No "Preliminary" awards will be made. Award letters issued to selected grantees will be the only notification of award the grantee will receive.

• Narrative responses on Advancing Racial Equity, Affirmative Marketing, Affirmatively Furthering Fair Housing, and Experience Promoting Racial Equity have been added or modified.

• Removed the sub-factor “Past Performance and/or Past Noncompliance” from Rating Factor 1: Applicant and State Health and Human Service/Medicaid Agencies Relevant Experience, Capacity, and Readiness, and added it as Threshold Eligibility Requirement.

4. Definitions

a. Standard Definitions

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

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

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

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

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

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

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

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

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

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

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

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

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

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

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

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

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

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

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

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

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

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

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

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

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

(1)

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

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

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

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

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

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

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

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

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

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

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a federal award but does not include an https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 individual that is a beneficiary of such award. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

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

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

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

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

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

b. Program Definitions.

For purposes of the Section 811 PRA program, the following definitions apply. For more definitions, applicants should reference the governing statute (42 U.S.C. 8013) and 2 CFR Part 200.

Administrative Costs for Awardees are funds that may be provided at initial funding and subsequent annual funding renewals under this award. Administrative costs are allowable at a rate of up eight percent (8%) of the total project rental assistance awarded, at HUD’s discretion.

Awards are based on the range of tasks performed by the grantee. These funds may be used for planning and costs associated with developing and operating the Section 811 PRA program, including staffing and the technology needed to administer the program. The costs should include direct and indirect costs.

Applicant The Applicant will be the primary housing agency responsible for implementing the Section 811 PRA Program, sign the HUD Agreement and is the sole entity that will have access to HUD’s Electronic Line of Credit Control System (eLOCCS) to drawdown PRA funding.

“Applicant” and “Grantee” will be used interchangeably throughout this NOFO.

Co-Applicant When two applicants work together to submit a unified application, one applicant will be considered a Co-Applicant and the other will be the Lead Applicant. Both applicants will sign the Cooperative Agreement and will be responsible for implementing the activities identified in the approved Implementation Plan, however, the co-applicant will not have direct access to the grant funds via eLOCCS. The Lead Applicant must be identified in the Abstract and the Narrative response to the Rating Factors, and will be the only entity to have access to the grant funds. Applicants and Co-Applicants must meet the same eligibility requirements, as specified below.

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

Cooperative Agreement is an agreement executed between HUD and the Grantee (and where applicable, Co-Applicant). HUD will be involved during the period of performance, including but not limited to: the development of the program; the oversight of the progress made on the proposed activities and results of those activities; and the monitoring of funds drawn, project deliverables and timelines. The terms of the Cooperative Agreement will include the work to be performed under the grant and any special conditions or requirements, including the extent of HUD involvement. The Implementation Plan will be included with the Cooperative Agreement.

Eligible Property means any new or existing property owned by a non-profit or a private entity.

The property must contain at least five (5) units of housing. The cost to develop a new property must be paid with other public or private resources. Section 811 and Section 202 Capital Advance funds may not be used to finance these properties. Properties with existing use restrictions for persons with disabilities are not eligible, unless such Section 811 PRA funds are being used to support other units in the building without such restrictions. Existing units receiving any form of long-term operating housing subsidy within a six-month period prior to receiving Section 811 PRA funds, such as project-based Section 8, are ineligible to receive this assistance. In addition, units with use agreements requiring housing for persons 62 or older are not eligible to receive Section 811 PRA funds.

Eligible Tenants (Tenants) are extremely low-income households where at least one person is an individual with a disability. That person must be at least 18 years old, but less than 62 years old at the time of admission into the property. The person with the disability must be eligible for community-based, long-term services as provided through Medicaid waivers, Medicaid state plan options, state-funded services or other appropriate services related to the target population (e.g., persons who are institutionalized, at serious risk of institutionalization, homeless, at risk of homelessness) under the Inter-Agency Partnership Agreement, as described in Section III.D.3

Extremely Low-Income Family means a family whose annual income does not exceed 30 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. Only extremely low-income families are eligible to benefit from this rental assistance program. Both “annual income” and “extremely low-income family” are defined in 24 CFR 5.603. Federally mandated income exclusions defined by 24 CFR 5.609 must be applied in determining income eligibility at the time of admission and in calculating the Eligible Tenant’s income during the interim/annual re-certification stages.

Grantee means a successful eligible applicant selected under this NOFO that executes a Cooperative Agreement with HUD. In cases where a Co-Applicant also executes the Cooperative Agreement, the Co-Applicant would be referred to as the Co-Grantee. “Grantee” and “Applicant” will be used interchangeably throughout this NOFO.

Implementation Plan means the applicant’s comprehensive strategy that will be used to develop and manage the state’s Section 811 PRA Program as presented in the Section 811 PRA application. The Implementation Plan will include the following sections:

• Process for Identification of Units

• Alignment of New or Existing Housing Initiatives or Strategies

• Calculation of PRA Funds

• Program Implementation Schedule

• Integration of Services (which includes the Inter-Agency Partnership Agreement).

The specific requirements are outlined in Rating Factor 3, Soundness of Approach/Implementation Plan. The HUD-approved Implementation Plan will be included with the executed Cooperative Agreement.

Lead Applicant. Lead Applicant is the primary housing agency responsible for implementing the HUD funded Section 811 PRA Program for applications involving a Co Applicant. The Lead Applicant must meet the definition of an Eligible Applicant. The Lead Applicant will sign the HUD Agreement and is the sole entity that will have access to HUD’s Electronic Line of Credit Control System (eLOCCS) to drawdown PRA funding.

Letter(s) of Intent are letters from one or more third party entities (such as Performance Based Contract Administrators [PBCAs], Public Housing Authorities [PHAs], or private contractors) that specialize in managing this specific type of housing and have an established, high-quality track record of administering and processing timely payments to property owners. Eligible applicants can contract with public or private entities to perform functions under this NOFO.

Letters of Intent must be provided in those instances where the eligible applicant is using other entities to perform the requirements specified in this NOFO. To be acceptable to HUD, the letter of intent, whether from the one or more state agencies or third-party entities must:

• Include the name of the entity agreeing to perform the activity specified in the application

• Include the name of the applicant

• Demonstrate the financial capacity to deliver the resources necessary to carry out the activity, expressed in dollar value, as it relates to the program activity, or commit to provide the specific supportive service(s)

• Specify the intent to commit the resources to the program if the application is funded

• Be written on the letterhead of the entity/agency and addressed to the applicant

• Be executed by an official of the organization who is legally authorized to make such commitments on behalf of the organization and,

• Be dated no earlier than nine months before the date of publication of this NOFO and must state how long the commitment remains valid should an award be granted.

NOTE: HUD understands the difficulties in obtaining new agreements for existing programs, however, existing agreements dated prior to nine months of the date of the publication of this NOFO need to be updated, ratified or confirmed by all signatories.

Persons with Disabilities has the meaning provided in Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(2), as implemented by 24 CFR 891.305.

National Standards for the Physical Inspection of Real Estate (NSPIRE) are uniform national standards established by HUD to determine the physical conditions of properties. To ensure that all residents live in safe, habitable dwellings, NSPIRE requires items and components located inside the building, outside the building, and within the units of HUD housing to be functionally adequate, operable, and free of health and safety hazards. More information regarding NSPIRE can be found at 24 CFR 5.703 and on HUD’s website at REAC/NSPIRE

Section 811 Project Rental Assistance (PRA) is defined as funding made available by HUD to Grantees to provide long-term rental assistance for supportive housing for non-elderly, extremely low-income persons with disabilities, or extremely low-income households that include at least one non-elderly person with a disability. 811 PRA funds the difference between the tenant's https://www.hud.gov/program_offices/public_indian_housing/reac/nspire portion of the rent and HUD's contribution to the contract rent for the approved Section 811 PRA unit.

Rental Assistance Contract (RAC) means the contract between the Grantee and the owner of the Eligible Multifamily Property. The contract sets forth the rights and duties of the parties with respect to the Eligible Multifamily Property and the administration of the PRA program.

B. Authority Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as amended by the Frank Melville Supportive Housing Investment Act of 2010 (Pub. L. No. 111- 374); funding for this NOFO is authorized pursuant to the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103, enacted March 15, 2022.

II. AWARD INFORMATION

A. Available Funds Funding of approximately $106,000,000 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.

HUD is making available up to $212,000,000 to support new, affordable housing units for persons with disabilities. In addition to this NOFO, HUD is also releasing a Section 811 NOFO to competitively award Capital Advance and Project Rental Assistance Contract (PRAC) funds.

This NOFO will make approximately $106,000,000 available to state entities and the second 811 Capital Advance NOFO will make approximately $106,000,000 directly available to non-profit entities.

If any funds remain after all eligible applicants under this NOFO have been selected, HUD reserves the right to use those remaining funds to make awards under the Capital Advance

NOFO.

Use of Funds Prohibition. Funding under this NOFO must be used in accordance with the allowable uses as defined in this NOFO. Funding under this NOFO may not be used to support:

(1) Development of Capital Advance units

(2) Payments related to Project Rental Assistance Contracts (PRAC)

(3) Project-based or tenant-based vouchers

(4) Activities not specified in this NOFO

B. Number of Awards HUD expects to make approximately 13 awards from the funds available under this NOFO.

C. Minimum/Maximum Award Information Estimated Total Funding:

$106,000,000 Minimum Award Amount:

$1 Per Budget Period

Maximum Award Amount:

$8,000,000 Per Budget Period

D. Period of Performance The Project Start Date is the date of the executed Cooperative Agreement and the Project End Date is the expiration of the last RAC, but not less than 20 years from the project start date. The Cooperative Agreement between HUD and the grantee shall be for a minimum of twenty years, with initial funding for the first five years, and with subsequent funding renewal subject to Congressional appropriations. All Rental Assistance Contracts shall be for a minimum of twenty years (continued funding in years beyond the first five years is also subject to appropriations).

HUD will be involved during the period of performance, including but not limited to: the development of the program; the oversight of the progress made on the proposed activities and results of those activities; and the monitoring of funds drawn, project deliverables, and timelines.

In addition, any withdrawals of funds from the eLOCCS system are subject to HUD’s approval.

Estimated Project Start Date:

05/29/2024 Estimated Project End Date:

05/28/2044 Length of Project Periods:

60-month project period and budget period

Length of Periods Explanation of Other:

The 60-month project period will consist of five 12- month budget periods.

E. Type of Funding Instrument Funding Instrument Type:

CA (Cooperative Agreement)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 00 (State governments)

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

Additional Information on Eligibility Eligibility.

Applicants are housing agencies currently allocating Low Income Housing Tax Credits (LIHTC) under Section 42 of the Internal Revenue Service Code of 1986 (IRC), any applicable participating jurisdiction allocating and overseeing assistance under the HOME Investment Partnerships Act (HOME), and/or a housing agency who operates a similar federal or state program to LIHTC or HOME. To be eligible, the applicant must have an Inter-Agency Partnership Agreement with the state agency responsible for health and human services programs, and the state agency designated to administer or supervise the administration of the state's plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396, et seq.), i.e. Medicaid. Only one applicant per state will receive funding. In the event there is more than one applicant for a particular state, the State's Health and Human Services/Medicaid agency must decide which applicant it will partner with. If the State Health and Human Services/Medicaid Agency is included in multiple applications, none will be considered.

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 Ineligibility

a. Ineligible to Apply. Individuals, for-profit entities, and non-profit organizations are not eligible to apply.

b. Troubled Status. If an applicant or co-applicant has any outstanding HUD or Office of Inspector General (OIG) audit findings, or has been designated “Troubled” by HUD or any other governmental entity, HUD will use documents and information available to determine if the applicant is acceptable to HUD. The applicant may still be eligible to apply if HUD determines:

a. The finding or designation is for reasons that will not affect its capacity to carry out the grant activities.

b. The applicant is making substantial progress toward eliminating the deficiencies that resulted in the designation or finding.

c. The applicant is in compliance with Fair Housing or other Civil Rights requirements.

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

d. The applicant is otherwise deemed by HUD to be capable of successfully executing all required activities of the grant.

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…