vawa hopwa nofa.pdf

U.S. Department of Housing and Urban Development

Community Planning and Development

Violence Against Women Act (VAWA) and Housing Opportunities for Persons With AIDS (HOPWA) Project Demonstration

FR-5900-N-11

Violence Against Women Act (VAWA) and Housing Opportunities for Persons With AIDS (HOPWA) Project Demonstration

FR-5900-N-11

TABLE OF CONTENTS

Funding Opportunity Description. I.

Award Information. II.

Eligibility Information.

Eligible Applicants. A.

Cost Sharing or Matching. B.

Other. C.

III.

Application and Submission Information.

Obtaining an Application Package. A.

Content and Form of Application Submission. B.

DUNS Number and SAM Registration. C.

Application Submission Dates and Times. D.

Intergovernmental Review. E.

Funding Restrictions. F.

Other Submission Requirements. G.

IV.

Application Review Information.

Criteria. A.

Review and Selection Process. B.

Anticipated Announcement and Award Dates. C.

V.

Award Administration Information.

Award Notices. A.

Administrative, National and Departmental Policy Requirements. B.

Reporting. C.

VI.

Agency Contact(s). VII.

Other Information. VIII.

Appendix. IX.

U.S. Department of Housing and Urban Development

Program Office: Community Planning and Development Funding Opportunity Title: Violence Against Women Act (VAWA) and Housing Opportunities for Persons

With AIDS (HOPWA) Project Demonstration Announcement Type: Initial Funding Opportunity Number: FR-5900-N-11 Primary CFDA Number: 14.241 Due Date for Applications: 10/23/2015

The VAWA/HOPWA Project Demonstration is a collaborative effort between the U.S. Department of Housing and Urban Development's Office of HIV/AIDS Housing (OHH) and the U.S. Department of Justice's Office on Violence Against Women (OVW). Through the VAWA/HOPWA Demonstration, OHH and OVW intend to learn about obstacles and promising practices for system alignment, service coordination, and intervention design, and also potentially use those lessons as a model for future interagency collaboration and to improve existing programs.

Successful applicants under this NOFA will carry out innovative projects that will work to improve cross-agency planning, resource utilization, and service integration among HIV/AIDS housing providers and sexual assault, domestic violence, dating violence, and stalking service providers.

Selected applicants will provide housing assistance and supportive services to low-income persons living with HIV/AIDS who are homeless, or in need of transitional housing or other housing assistance, as a result of sexual assault, domestic violence, dating violence, or stalking; and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Each successful applicant under this demonstration will receive two separate one-time only, non-renewable grants from HUD: (1) a HOPWA grant, and (2) a Transitional Housing Assistance Program grant. The HOPWA grant will be used to fund housing assistance for program beneficiaries, coordination and planning activities, and grant management and administration of the HOPWA award. The Transitional Housing Assistance Program grant will be used to pay for supportive services for program beneficiaries and for grant management and administration of the Transitional Housing Assistance Program award.

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding the specific program requirements of this Program Notice of Funding Availability (NOFA) to the agency contact identified in Section VII.

Please direct questions regarding the FY 2015 General Section to the Office of Strategic Planning and Management, Grants Management Division, at (202) 708-0667 (this is not a toll-free number). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Relay Service at 1-800-877-8339.

Additional Overview Information

1. Incorporation of the General Section. HUD publishes a General Section each fiscal year that contains mandatory requirements for all applicants to HUD’s various competitive grant programs, including this NOFA. Applications must meet all of the requirements of the General Section in addition to the requirements of this NOFA to be considered and potentially receive funding. The full title of the General Section is the General Section to the Fiscal Year 2015 NOFAs for Discretionary Programs. Copies are available at Grants.gov or HUD's Funds Available page, http:

//portal.hud.gov /hudportal /HUD?src= /program_offices /administration /grants /fundsavail.

2. OMB Approval Number(s): 2506-0133, 1122-0020

I. Funding Opportunity Description.

A. Program Description.

1. Purpose.

On March 30, 2012, President Obama issued a Memorandum that established a Federal Interagency Working Group (Working Group) to explore the intersection of HIV/AIDS, violence against women and girls, and gender-related health disparities. The Working Group prioritized addressing intimate partner violence (IPV) because of its high overall prevalence among women and girls, especially among women living with HIV. Studies indicate that over half (55 percent) of U.S. women living with HIV have experienced IPV, considerably higher than the national prevalence among women overall (36 percent). Among women living with HIV/AIDS, trauma, abuse and violence are associated with less use of antiretroviral medication, decreased medication adherence, and increased risk of death.

While multiple factors contribute to violence and HIV risk among women and girls, the Working Group highlighted the lack of stable, affordable housing as particularly crucial. Women living with HIV/AIDS and experiencing violence are often dependent on an abusive partner for resources, including housing. These barriers often prevent women from attaining the economic independence needed to escape their abusers. Studies show that women who experience IPV are four times more likely to report housing instability than women without histories of abuse by an intimate partner¹.

The Working Group recommended enhancing Federal efforts to address HIV and IPV among homeless and marginally housed women and girls. In response to this recommendation, the U.S. Department of Justice's Office on Violence Against Women (OVW) and U.S. Department of Housing and Urban Development's Office of HIV/AIDS Housing (OHH) collaborated to identify available resources to competitively award grant funding aimed at addressing the housing and supportive service needs of low-income persons living with HIV/AIDS who are victims of sexual assault, domestic violence, dating violence, or stalking. Although the Working Group focused on women and girls, the VAWA/HOPWA Project Demonstration will cover all victims regardless of sex, gender identity, sexual orientation, familial status, marital status, race, color, religion, national origin, disability, or age.

Grants funded under this demonstration will implement one of the Working Group's recommendations: to enhance federal efforts to address HIV and intimate partner violence (IPV) among homeless and marginally housed women and girls. The grants provided under this demonstration will also further the goals and objectives of the National HIV/AIDS Strategy, which calls for enhanced collaboration at the Federal, State and community level, among diverse agencies and partners to maximize efficient use of resources to achieve its goals. The activities funded under this NOFA will support the goals of the National HIV/AIDS Strategy – to reduce HIV infection; to increase access to care and improve health outcomes for persons living with HIV/AIDS; and to reduce HIV-related disparities.

Section 470 of the Housing and Urban-Rural Recovery Act of 1983 (42 U.S.C. 3542) provides that HUD may not begin a demonstration program not explicitly authorized by statute until a description of the demonstration program is published in the Federal Register and a 60-day period expires following the date of publication, during which time HUD solicits public comment and considers the comments submitted. To comply with this requirement, HUD published a Notice of Intent To Conduct a Violence Against Women Act (VAWA) and Housing Opportunities for Persons With AIDS (HOPWA) Project Demonstration in the Federal Register on March 13, 2015. HUD received a total of eleven public comments, the vast majority of which expressed overall support for the VAWA/HOPWA Project Demonstration.

This NOFA announces the availability of funding under the authority for HOPWA Special Projects of National Significance at Section 854(c)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12903(c)(3)) and the U.S. Department of Justice’s Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking at 42 U.S.C. 13975 (Transitional Housing Assistance Program). Funding under this NOFA will be made available to States, units of local government, and nonprofit organizations that meet the definition of a nonprofit organization under both the HOPWA program and the Transitional Housing Assistance Program. Successful applicants will carry out projects that provide housing assistance and supportive services to low-income persons living with HIV/AIDS who are also victims of sexual assault, domestic violence, dating violence, or stalking, including any minors and dependents living with such persons.

Each successful applicant under this demonstration will receive two separate one-time only, non-renewable grants from HUD: (1) a HOPWA grant, and (2) a Transitional Housing Assistance Program grant. The HOPWA grant will be used to fund housing assistance for program beneficiaries, coordination and planning activities, and grant management and administration of the HOPWA award. The Transitional Housing Assistance Program grant will be used to pay for supportive services for program beneficiaries and for grant management and administration of the Transitional Housing Assistance Program award. Housing assistance and supportive services will be provided to persons living with HIV/AIDS who are homeless, or in need of transitional housing or other housing assistance, as a result of sexual assault, domestic violence, dating violence, or stalking; and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Grantees are expected to improve cross-agency planning, resource utilization, and service integration among HIV/AIDS housing providers and sexual assault, domestic violence, dating violence, and stalking service providers in their service area.

Additionally, each grantee will develop a Housing and Services (HAS) Model to be issued at the end of the third year of operation. This HAS Model document will provide clear lessons learned and best practices for providing housing assistance and appropriate supportive services for persons living with HIV/AIDS who are victims of sexual assault, domestic violence, dating violence, or stalking. Each HAS Model will be shared with the public, and lessons learned through these grantee efforts will help inform national and community policy and actions.

Pre-Application Webcast: HUD will conduct a Pre-Application Webcast on September 8, 2015, from 2:00-3:30 PM ET for anyone interested in submitting an application for the VAWA/HOPWA Project Demonstration.

The webcast will cover the information contained in this NOFA. Viewing the webcast is optional. Interested applicants who do not view the webcast are still eligible to apply, and will receive equal consideration for their grant applications.

More information on the webcast will be provided through the HOPWA mailing list. To sign up for the mailing list, please visit: https://www.hudexchange.info/mailinglist/.

¹ ‘‘Addressing the Intersection of HIV/AIDS, Violence against Women and Girls and Gender-Related Health Disparities: Interagency Federal Working Group Report’’ (Sept. 6, 2013), available at: https://www.whitehouse.gov/sites/default/files/docs/vaw-hiv_working_group_report_final_-_9-6--2013.pdf.

2. Changes from Previous NOFA.

N/A

3. Definitions.

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

b. Threshold Requirement – Threshold requirements are a category of eligibility requirements. A threshold requirement is a requirement that must be met in order for an application to be reviewed. Threshold requirements are not curable.

Threshold requirements are listed in Section III.C.2. of both the 2015 General Section and in this Program NOFA.

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

c. Deficiency – Deficiencies are not the same as errors. Errors are never curable except as permitted under Section IV.C.2. Deficiencies are items of missing or omitted information within a submitted application. Deficiencies typically involve missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box, etc.). Depending on specific criteria, deficiencies may be either curable or non-curable.

d. Curable Deficiency – A curable deficiency is a specific type of deficiency that applicants may correct with timely action. To be curable the deficiency must:

– Not be a threshold requirement;

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

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

e. Non-Curable Deficiency – An applicant cannot correct a non-curable deficiency after the submission deadline.

Non-curable deficiencies are deficiencies that if corrected would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

f. Administrative Costs - Costs for general management, oversight, coordination, evaluation, and reporting on eligible activities. Such costs do not include costs directly related to carrying out eligible activities, since those costs are eligible as part of the activity delivery costs of such activities.

g. Dating violence - The term “dating violence” means violence committed by a person—

(1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(2) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.

h. Domestic violence - The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

i. Grantee - A nonprofit organization, State, or unit of local government that receives funds through grant agreements with the Federal government to carry out eligible activities under this demonstration. Grantees shall comply with all program requirements of the HOPWA program, including the HOPWA statute at 42 U.S.C. 12901-12912 and regulations at 24 CFR Part 574, and the Transitional Housing Assistance Program, including the authorizing statute at 42 U.S.C. 13975, and the definitions and grant conditions at 42 U.S.C. 13925.

j. Housing and Services (HAS) Model - Grantees will write and publish the HAS Model as an administrative cost activity. The HAS Model will include the following components: a vision or goal for the project; description of the need being met by the project; description of the program design; the client outreach and enrollment process;

partnerships formed with community organizations and other housing and service providers to transition clients to self-sufficiency or other forms of housing assistance by the end of the grant period; successes and challenges of serving persons living with HIV/AIDS who are victims of sexual assault, domestic violence, dating violence, or stalking; client outcomes related to health and housing stability and, if applicable, employment and income growth. The HAS Model will be submitted to HUD 90 days after the end of the grant period and will be made available to the public via the Office of HIV/AIDS Housing web page.

k. Low income individual - Any individual or family whose incomes do not exceed 80 percent of the median income for the area, as determined by HUD.

l. Memorandum of Experience (MOE) - Any nonprofit organization applying as a grantee must submit a signed and dated document from an Authorized Representative of the applicant organization with the application that clearly documents the organization's history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

m. Memorandum of Understanding (MOU) - Any project sponsor carrying out support service activities under the Transitional Housing Assistance Program grant award must submit a document signed and dated by an Authorized Representative from both the grantee and project sponsor's organizations. The MOU must clearly document the project sponsor organization's history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

n. Nonprofit Organization (Grantee) - Nonprofit organizations eligible to receive funds as grantees under this demonstration are those that: (1) Are organized under state or local laws; (2) Have no part of net earnings inuring to the benefit of any member, founder, contributor or individual; and (3) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system.

Nonprofits applying as grantees must also demonstrate that they: (4) Have among its purposes significant activities related to providing services or housing to persons with HIV/AIDS; AND (5) Have a documented history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

o. Nonprofit Organization (Project Sponsor) - Project sponsors under this demonstration will receive HOPWA grant funds or Transitional Housing Assistance Program grant funds under a written agreement with the grantee.

Nonprofit organizations eligible to receive HOPWA grant funds as Project Sponsors are those that: (1) Are organized under state or local laws; (2) Have no part of net earnings inuring to the benefit of any member, founder, contributor or individual; (3) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and (4) Have among their purposes significant activities related to providing services or housing to persons with HIV/AIDS.

Nonprofit organizations eligible to receive Transitional Housing Assistance Program grant funds as project sponsors are those that: (1) Are organized under state or local laws; (2) Have no part of net earnings inuring to the benefit of any member, founder, contributor or individual; (3) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system;

and (4) Have a documented history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

p. Project Sponsor - Any nonprofit organization or government housing agency that receives funds under a contract with the grantee to carry out eligible activities under this demonstration. Under this NOFA, eligible activities may be carried out directly by a grantee, or a grantee may choose to carry out eligible activities through a written agreement with a Project Sponsor.

q. Sexual assault - The term “sexual assault” means any non-consensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

r. Stalking - The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(1) fear for his or her safety or the safety of others; or

(2) suffer substantial emotional distress.

s. Trauma-informed - The term “trauma-informed” refers to how one thinks about and responds to those who have experienced or may be at risk for experiencing trauma. An approach that is trauma-informed reflects an understanding of the widespread impact of trauma and potential paths for recovery; recognizes the signs and symptoms of trauma in clients, families, staff, and others involved with a program, organization, or system; and responds by fully integrating knowledge about trauma into policies, procedures, and practices, while actively resisting re-traumatization. For more information, see the following publication from the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services: http://store.samhsa.gov/shin/content/SMA14-4884/SMA14-4884.pdf

t. Unit of Local Government - The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.

B. Authority.

Grantees must ensure that the HOPWA grant awarded under this NOFA will be used to carry out the specified eligible activities under the HOPWA program. All HOPWA funds must be spent in accordance with the authorizing HOPWA statute (42 U.S.C. 12901 et seq.) and program regulations at 24 CFR part 574. Grantees must also ensure that Transitional Housing Assistance Grants for supportive services will be spent in accordance with the authorizing statute of the Transitional Housing Assistance Program (42 U.S.C. 13975), the definitions and grant conditions at 42 U.S.C.

13925, and any other requirements in this NOFA.

II. Award Information.

A. Available Funds.

HUD is making available through this NOFA $9,109,000 for Violence Against Women Act (VAWA) and Housing Opportunities for Persons With AIDS (HOPWA) Project Demonstration.

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

To fund this project demonstration, the U.S. Department of Justice’s Office on Violence Against Women (OVW) and the U.S. Department of Housing and Urban Development’s Office of HIV/AIDS Housing (OHH) executed an Interagency Agreement assigning HUD to administer $1,490,000 in Transitional Housing Assistance Program funds.

HUD also identified available HOPWA competitive grant funding to award for Special Projects of National Significance pursuant to 42 U.S.C. 12903(c)(3). While applicants will only be required to submit one application, funding for this demonstration is available through two separate one-time only, non-renewable grants: (1) a HOPWA grant, and (2) a Transitional Housing Assistance Program grant. There is approximately $7,619,000 available in HOPWA grant funding that will be used to fund housing assistance for program beneficiaries, coordination and planning activities, and grant management and administration. The $1,490,000 in Transitional Housing Assistance grant funding will be used for supportive services for program beneficiaries and grant management and administration. The two funding streams must remain as two separate grants, each with their own corresponding requirements.

B. Number of Awards.

HUD expects to make approximately 9 awards from the funds available under this NOFA.

C. Minimum/Maximum Award Information.

In order to fairly distribute available funding, HUD is setting the following minimum and maximum amounts on grant awards:

1. HOPWA Grant. For eligible program activities, not including supportive services, funded through the HOPWA program: minimum $500,000 - maximum $1.1 million;

2. Transitional Housing Assistance Program Grant. For eligible supportive services funded through the OVW Transitional Housing Assistance Program: minimum $125,000 - maximum $200,000.

Total maximum grant amount for all categories of grant awards under this NOFA is $1.3 million. ($1.1 million from HOPWA, $200,000 from OVW Transitional Housing Assistance Program.)

Estimated Total Funding: $9,109,000 Minimum Award Amount: $625,000 Per Project Period Maximum Award Amount: $1,300,000 Per Project Period

D. Period of Performance.

Estimated Project Start Date: 02/01/2016 Estimated Project End Date: 01/31/2019 36-month project with three 12-month budget periods

E. Type of Funding Instrument.

Funding Instrument Type: Grant

F. Supplementation.

HUD reserves the right to add time to the competitive submission period if the initial round of applicant submissions does not provide enough eligible applicants to award the funds available. Alternatively, if there are not enough eligible applicants, HUD reserves the right to adjust the funding range to accommodate a smaller number of applicants with the funds available.

III. Eligibility Information.

A. Eligible Applicants.

Eligible applicants under the NOFA include:

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

Additional Information on Eligibility:

Eligible applicants for funding under this NOFA are States, units of local government, and nonprofit organizations.

Because selected applicants will receive a HOPWA grant and a Transitional Housing Assistance Program grant, eligibility under this demonstration will be limited to entities that are eligible to receive grant funding under both programs.

To be eligible as a unit of local government, the applicant must be a general purpose political subdivision of a State, such as a city, county, township, town, borough, parish, or village. All State and unit of local government applications must come from an individual who has the authority to apply for and accept grant awards on behalf of the jurisdiction.

Applications received from agencies or departments within a unit of local government (e.g., the City Department of Social Services) will not be considered for funding under this NOFA. HUD will view applications coming from agencies or departments within a unit of local government as having a curable deficiency due to the unique nature of agencies or departments within a unit of local government as having a curable deficiency due to the unique nature of the eligibility requirements for this demonstration.

States and units of local government applying for funding under this NOFA are expected to provide funding to project sponsors with expertise in HIV housing and services, and sexual assault, domestic violence, dating violence, or stalking services. For example, the City of Somewhere may apply as the grantee and coordinate administrative functions, but it must provide funding to project sponsors to carry out project activities. Project Sponsors could include an AIDS service organization coordinating eligible housing activities with HOPWA grant funds, and a sexual assault service provider coordinating supportive service activities with Transitional Housing Assistance Program grant funds.

The applicant is expected to increase coordination among community organizations to improve cross-agency planning, resource utilization, and service integration among HIV/AIDS housing providers and domestic violence, dating violence, sexual assault, or stalking service providers.

Nonprofits applying as grantees may also utilize project sponsors with appropriate expertise to carry out project activities, but must meet the definition of a nonprofit organization under both programs. Nonprofit organizations include those that: (1) Are organized under state or local laws; (2) Have no part of net earnings inuring to the benefit of any member, founder, contributor or individual; (3) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system. Nonprofits applying as grantees must also demonstrate that they: (4) Have among their purposes significant activities related to providing services or housing to persons with HIV/AIDS; AND (5) Have a documented history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

Nonprofit organizations applying as grantees must submit a Memorandum of Experience (MOE) documenting the organization's mission or history of effective work concerning sexual assault, domestic violence, dating violence, or stalking. An organization's history of effective work can be documented by providing a copy of the organization's mission statement that includes a focus on one of the four crimes and/or evidence that the organization has provided services to victims of sexual assault, domestic violence, dating violence, or stalking for a minimum of three years. All other applicants (i.e. States and units of local government) must submit this documentation through a Memorandum of Understanding (MOU) for each Project Sponsor carrying out supportive service activities under the Transitional Housing Assistance Program award.

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

All applicants must have an active Data Universal Numbering System (DUNS) number (http://fedgov.dnb.com/webform) and have an active registration in the System for Award Management (SAM) (www.sam.gov) before submitting an application. Getting a DUNS number and completing SAM registration can take up to four weeks; therefore applicants should start this process or check their status early.

See also Section IV.B below for necessary content and form of the application.

B. Cost Sharing or Matching.

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

Generally, federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program’s authorizing statute.

There is no cost sharing or matching requirement. However, some leveraging is required to receive funding under this NOFA. More information on leveraging is available at Rating Factor 4 in section V.A.

C. Other.

All applicants must also refer to Section III of the General Section for information on HUD-wide eligibility requirements. These requirements may determine whether your application is reviewed or make your application ineligible for funding.

Program specific eligibility criteria for this competition includes:

1. Statutory and Regulatory Requirements.

a. HOPWA Program. Applicants must comply with all HOPWA program requirements for eligible grant activities

a. HOPWA Program. Applicants must comply with all HOPWA program requirements for eligible grant activities carried out with HOPWA funding. Under this demonstration, HOPWA funds may be used to carry out HOPWA eligible activities with the exception of the following: supportive services, acquisition, new construction, or rehabilitation of housing facilities, and assistance through short-term supported housing (emergency shelters). For more information on the HOPWA program, see the HOPWA program regulations at 24 CFR Part 574 including Subpart D (Uses of Grant Funds), and the AIDS Housing Opportunity Act (42 U.S.C. 12901-12912), which govern the program.

b. Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program. Transitional Housing Assistance Grants will be used to fund supportive services. Applicants must comply with program requirements for this funding. For more information on the Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program, see the authorizing statute of the Transitional Housing Assistance Program (42 U.S.C. 13975) and applicable definitions and grant conditions (42 U.S.C. 13925).

2. Threshold Requirements.

Only applications that meet all threshold requirements established in the General Section and Program NOFA will be evaluated. In addition to the threshold criteria outlined in the General Section, including the Resolution of Outstanding Civil Rights Matters (prior to application deadline), the following threshold requirements must be met:

a. General Threshold Requirements. Applicants must meet all threshold requirements identified in this section.

HUD will review your application to determine that you are eligible for funding, as follows:

(1) Eligible Applicant. Your application is consistent with the requirements of Section III.A of this NOFA for eligibility based on applicant requirements, and the lack of any unresolved management issues for applicants with current or recent HOPWA grants and/or Transitional Housing Assistance Program grants.

Applicants must provide a Memorandum of Experience (MOE) or a Memorandum of Understanding (MOU) documenting the history of effective work concerning sexual assault, domestic violence, dating violence, or stalking for organizations providing supportive services to be considered for funding.

(2) Past Performance. Applicants must pass a threshold review based on past performance under both the HOPWA program and the Transitional Housing Assistance Program.

HOPWA Past Performance. Existing HOPWA grantees or project sponsors that have shown poor performance or have unresolved grants management issues at the time of the application due date will not be considered for funding. Unresolved problems and /or poor performance may include: noncompliance with HOPWA’s enabling statute and regulations; incomplete or untimely Single Audit Act Audits; HUD knowledge that activities approved under a grant agreement remain significantly delayed in their implementation; a significant number of the housing units approved under a grant agreement are vacant; untimely filing and inaccurate and/or incomplete submission of annual performance reports; unresolved monitoring findings not addressed in a HUD approved corrective action plan by the date of award; unresolved actions pending under a HUD notice of default on your current grant. In addition, applicants are not eligible for funding if any of the following applies as an actual unresolved matter:

Have been charged with an ongoing systemic violation of the Fair Housing Act;

Are a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging an ongoing pattern or practice of discrimination; or Have received a letter of findings identifying ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, or Section 109 of the Housing and Community Development Act of 1974, and the charge, lawsuit, or letter of findings has not been resolved to HUD’s satisfaction.

HUD will determine if actions to resolve the charge, lawsuit, or letter of findings taken are sufficient to resolve the matter. Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to:

A voluntary compliance agreement signed by all parties in response to a letter of findings;

A HUD-approved conciliation agreement signed by all parties;

A HUD-approved conciliation agreement signed by all parties;

A consent order or consent decree; or Compliance with the terms of a final judicial ruling or a HUD Administrative Law Judge’s decision.

Further concerns due to evidence of weak performance may be found if expenditures of existing HUD grants are not appropriately drawn down over a grant agreement operation period (i.e. approximately one-third a year).

Transitional Housing Assistance Program Past Performance. Applicants with current or recent (closed within the calendar year) OVW awards and/or cooperative agreements will be reviewed for past performance based on the elements listed below.

Progress reports submitted by the applicant, in conjunction with monitoring conducted by OVW, demonstrate the effectiveness of the current project, indicating timely progress toward meeting project goals and objectives;

Demonstration that past activities supported with OVW grant funds have been limited to program purpose areas;

Adherence to all special conditions of existing grant award(s) from OVW;

Adherence to programmatic and financial reporting requirements, including timely submission of required reports;

Completion of close-out of prior awards in a timely manner;

Appropriate utilization and active participation in OVW-sponsored workshops and other technical assistance events as required by a special condition of the current or recent award;

Receipt of financial clearances on all current or recent grants from OVW;

Timely resolution of issues identified in any audit or on-site financial or programmatic monitoring visit;

Adherence to the Office of Management and Budget single-audit requirement; and Timely expenditure of grant funds.

Applicants with significant past performance issues on OVW awards and/or cooperative agreements may not be considered for funding.

b. Program Requirements. Applicants must meet the following requirements:

(1) General Provisions. The General Section to the Fiscal Year 2015 NOFAs General Section for Discretionary Programs applies to the HOPWA program unless otherwise stated within this NOFA. The General Section can be found at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail/2015gensec . Additionally, applicants must refer to Section III of the General Section for information on the following eligibility requirements. Evidence of the following issues, where applicable, may make your application ineligible for funding:

Delinquent Federal debts;

Financial management systems meeting Federal standards;

Debarment and/or suspension from doing business with the Federal Government;

False statements;

Do Not Pay review and compliance with the Improper Payments Elimination and Recovery Improvement Act of 2012;

Standards of ethical conduct/code of conduct;

Prohibition against lobbying activities; and Conflicts of interest.

(2) Victim Safety and Recovery. Grant recipients must not engage in or conduct activities that compromise victim safety or recovery. The following activities have been found to jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions:

Procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children;

Procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services;

Promoting policies and practices that fail to encourage ongoing safety planning with all survivors;

Promoting policies and procedures that fail to account for the physical safety of victims;

Sponsoring alternative dispute resolution or joint counseling as a response to sexual assault, domestic violence, dating violence, and/or stalking;

Requiring survivors to meet restrictive conditions in order to receive services (e.g., the decision to seek a protection order or counseling is a choice that should be reserved to the victim, and should not be a precondition to services); background checks of victims; or clinical evaluations to determine eligibility for services; and Using technology without addressing implications for victim confidentiality, safety planning, and the need for informed consent. If applicants are proposing to use any technology (including, but not limited to, security systems, GPS, hotlines, and databases), they should explain how they plan to address any victim safety concerns that may arise from the use of the technology, such as confidentiality, safety planning, and informed consent.

(3) Required Performance Goals. Grant recipients must conduct eligible HOPWA activities consistent with their planned annual performance output goals, objectively measure actual achievements against anticipated achievements, and report on their actual performance in their Annual Progress Report (APR). Applicants are required to use the HOPWA Budget Form (form HUD40110B) found in the attachments to this NOFA for recording the funds being requested with the associated performance outputs for each activity, including the request for supportive service funds under the Transitional Housing Assistance Program, and any commitments of leveraged funding to support the program. The HOPWA Budget Form is consistent with the APR, which grantees will use to report on client outcome goals for achieving housing stability (national standard of 90%), reducing risks of homelessness, and improving access to care. Additionally, grantees receiving policy priority points will be required to collect and track data pertaining to the policy priority initiatives committed to in their application. For more information on the data collection requirements of the policy priorities, please reference Rating Factor 6.

HUD expects that each grantee will show that eligible program beneficiaries achieve stable housing, have reduced risks of homelessness, and improve access to care in their program during the operating year, as shown by an assessment of the housing status for the household at the end of each operating year.

Required Outputs refer to the number of units of housing/households assisted during the year, as measured by the annual use of HOPWA funding. The application must specify yearly goals for the number of households to be provided housing and services through the use of eligible activities. See Section III.C.4.b of this NOFA for more information on eligible activities.

Required Outcomes refer to the number of eligible households that have been provided housing assistance (as noted above for outputs) and thereby maintain a stable living environment in housing that is safe, decent, and sanitary. The program will measure these results in annual assessments on the housing status of beneficiaries along with other outcome measures on the reduced risks of homelessness, and improved access to HIV/AIDS treatment and other health care and supportive services, especially domestic violence and sexual assault services.

On a nationwide basis, the program is expected to demonstrate stable housing results, reduced risks of homelessness, and improved access to care results for beneficiaries.

In addition to the APR, grantees will be required to submit an annual progress report on the Transitional Housing Assistance Program grant award that will detail the number of minors, adults, and dependents assisted with supportive services as well as the types of supportive services provided. The annual progress report must also include the following information on grant-funded activities:

the purpose and amount of housing assistance and supportive services provided to each minor, adult, or dependent, assisted and the reason for that assistance;

the number of months each minor, adult, or dependent, received assistance under the grant.

the number of minors, adults, and dependents who--were eligible to receive assistance under the grant; and were not provided with assistance solely due to a lack of available housing; and the client population served and the number of individuals requesting services that this demonstration program was unable to serve as a result of a lack of resources.

(4) Disbursement of Funds. Grant recipients must fully expend their grant funding no later than three years following the effective date or the operation start date in the grant agreement, unless HUD approves a one-time extension for an additional 12 months or less. Extensions are highly discouraged and should only be requested and granted due to circumstances beyond the recipient’s control. Grant recipients must also reimburse project sponsors for eligible incurred expenses in a reasonable and timely manner.

(5) Environmental Requirements. All HOPWA assistance is subject to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, and applicable related federal environmental authorities. Although many eligible HOPWA activities under this NOFA, such as tenant-based rental assistance, supportive services, and administrative costs, are excluded from environmental review because of the lack of environmental impact, other activities, including project-based assistance, require environmental review. In accordance with Section 856(h) of the AIDS Housing Opportunity Act and the HOPWA regulations at 24 CFR 574.510, environmental reviews for HOPWA activities are to be completed by responsible entities (as defined in 24 CFR 58.2) in accordance with 24 CFR Part 58. Applicants or grantees that are not a responsible entity must request the unit of general local government to perform the environmental review. HOPWA grantees and project sponsors may not commit or expend any grant or non-federal funds on project activities (other than those listed in 24 CFR 58.22(f), 58.34 or 58.35(b) for which the responsible entity documents its findings of exemption or exclusion for the environmental review record (24 CFR 58.34(b) or 24 CFR 58.35(d)) until HUD has approved a “Request for Release of Funds and Certification” (RROF), form HUD-7015.15, in compliance with NEPA and 24 CFR Part 58. The recipient, its project sponsors and their contractors may not lease property for a project, or commit or expend HUD or local funds for this eligible activity, until the responsible entity (as defined in 24 CFR 58.2) has completed the environmental review procedures required by 24 CFR part 58 and the environmental certification and the RROF have been approved. HUD will not release grant funds if the recipient or any other party commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its RROF (where such submission is required). The recipient shall supply all available, relevant information necessary for the responsible entity to perform, for each property, any environmental review required.

The use of Transitional Housing Assistance funds under this NOFA is limited to administrative expenses and supportive services, which are categorically excluded from environmental review under 24 CFR 50.19(b)(3) and (12).

3. Compliance with Nondiscrimination and Related Requirements.

Requirements for HOPWA awards:

a. Section 3 of the Housing and Urban Development Act of 1968. An applicant for HOPWA funding would normally be required to agree to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701(u)), and HUD’s implementing regulations at 24 CFR part 135, which require recipients to ensure, to the greatest extent feasible, that training, employment, contracting, and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance will be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to low-and very low-income persons in the area in which the project is located. However, because activities carried out with housing and community development assistance that cause Section 3 requirements to apply (including construction, development, and rehabilitation) are not eligible for funding under this project demonstration, HUD does not anticipate that Section 3 will apply to the projects undertaken by successful applicants under this NOFA

b. Affirmatively Furthering Fair Housing. Section 808(e)(5) of the Fair Housing Act, imposes a duty on HUD to affirmatively further the purposes of the Fair Housing Act in its housing and urban development programs.

Accordingly, HUD requires recipients of HUD funds to take affirmative steps to further fair housing. Successful applicants and project sponsors will have a duty to affirmatively further fair housing when providing housing and housing-related services for classes protected under the Fair Housing Act within the confines of the eligible beneficiaries for this demonstration. Successful applicants will be required to certify that they will affirmatively further fair housing. These applicants and project sponsors must comply with program regulations regarding affirmatively furthering fair housing. Each applicant must include a statement in the application that outlines how the applicant will affirmatively further fair housing that is consistent with the instructions in this NOFA, the program regulations, and the applicable jurisdictions’ analyses of impediments to fair housing choice.