Notice of Funding Opportunity (NOFO)

NOFO Content_of_FR-6600-N-33 3.23.clean.docx

Housing Counseling Notice of Funding Opportunity (NOFO)

Notice of Funding Opportunity (NOFO)

OMB: 2502-0621

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U.S. Department of Housing and Urban Development

Office of Housing

Notice of Funding Opportunity (NOFO) for the Department's Fiscal Year 2022 Supplemental Comprehensive Housing Counseling Grant Program
FR-6600-N-33
02/17/2023

Table of Contents






























































Program Office:

Office of Housing

Funding Opportunity Title:

Notice of Funding Opportunity (NOFO) for the Department's Fiscal Year 2022 Supplemental Comprehensive Housing Counseling Grant Program

Funding Opportunity Number:

FR-6600-N-33

Assistance Listing Number (formerly CFDA Number):

14.169

Due Date for Applications:

02/17/2023

OVERVIEW

The full text of the announcement is organized in sections. The required format outlined below indicates immediately following the title of each section whether that section is required in every HUD Notice of Funding Opportunity (NOFO) or is an option of the issuing office. The format is designed so that similar types of information will appear in the same sections in announcements of different Federal funding opportunities. Toward that end, there is text in each of the following sections to describe the types of information that a program would include in that section of an actual announcement.

An office that wishes to include information that the format does not specifically discuss may address that subject in the appropriate section. For example, offices will need to provide program-specific performance goals in the announcement, and that information should be added to the Program Description section, to compliment the formatted language on goals and objectives. An office should also include in the Application and Submission information section and in the Application Review section what the applicant needs to submit related to the goals and how each application will be assessed against the goals.

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):

2502-0621

I. FUNDING OPPORTUNITY DESCRIPTION

This section contains the full program description of the funding opportunity. It may be as long as needed to adequately communicate to potential applicants the areas in which funding may be provided. It describes HUD’s funding priorities or the technical or focus areas in which HUD intends to provide assistance, taking into account HUD budget and congressional appropriation materials (please consult with your program budget office and OGC’s Implementation Guide for each appropriation that will be used to make awards under the funding opportunity). It must, at a minimum, include citations for authorizing statutes, regulations, and appropriations for the funding opportunity in this NOFO, section I.B., Authority. As appropriate, it may include any program history (e.g., whether this is a new program or a new or changed area of program emphasis). This section must include program goals and objectives, reference to the relevant Assistance Listings, a description of how the award will contribute to the achievement of the program’s goals and objectives, and the expected performance goals, indicators, targets, baseline data, data collection, and other outcomes such Federal awarding agency expects to achieve and may include examples of successful projects that have been funded previously. This section also may include other information HUD deems necessary.
 

A. Program Description

1. Purpose

  • Please add any program specific text into the text field below. The program authorization or appropriation (including budget and congressional materials in the absence of statutory purpose language) is often a good source of language for the purpose.

  • If appropriations are not available, the NOFO must make explicit that final awards are contingent upon appropriations. The text associated with the checkboxes in the Available Funds section satisfies this requirement. 

a. Program Description. The purpose of HUD’s Comprehensive Housing Counseling (CHC) Grant Program is to provide funds to HUD-approved housing counseling agencies that provide counseling and advice to tenants and homeowners, with respect to property maintenance, financial management and literacy, and other matters as may be appropriate to assist program clients in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership. This NOFO plays an integral role in helping individuals and families obtain housing and stay in their homes through responsible homeownership or affordable rental housing. Housing counseling agencies are an important safeguard in the prevention of housing scams and discrimination and serve as an important gateway to local, state, Federal, and private housing assistance and resources.

b. Objectives and Priorities of this NOFO. The objectives and priorities of this NOFO include but are not limited to: 

  1. Distributing Federal financial support to eligible housing counseling agencies to enable them to provide quality services to consumers to address their housing and financial needs.

  2. Distributing Federal financial support to eligible Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and other Minority Serving Institutions (MSI) to provide quality services to consumers to address their housing and financial needs.

  3. Distributing Federal financial support to eligible housing counseling agencies based on past performance.

  4. Reducing the costs to program participants when applying for and reporting on HUD funding while maintaining accountability for Federal funds.

  5. Leveraging external resources and funding to increase the sustainability of quality housing counseling programs.

  6. Supporting the housing counseling industry in supporting ongoing counselor certification to increase the quality, consistency, and effectiveness of housing counseling.

  7. Ensuring distribution of funding amounts for rural areas with low levels of access to housing counseling services.

  8. Providing housing counseling services to traditionally underserved populations, such as people of color, seniors, veterans, persons with disabilities, and persons with limited English proficiency.

2. HUD and Program-Specific Goals and Objectives

  • All program offices are expected to align its activities with HUD’s FY2022-2026 Strategic Plan – the Department’s four-year framework to deliver on HUD’s mission and vision. Programs must guide strategic implementation of programs that support the achievement of the goals, objectives and measures in the Strategic Plan. Program offices must first select the applicable checkboxes for each strategic goal and then each objective. Then, you must provide any further clarification in the text field provided below the checkboxes. Program offices can use the “Other Goals and Objectives” checkbox, where appropriate (example: special appropriations). DO NOT SELECT CHECKBOXES for goal and objectives that would be inconsistent with the program-specific purposes or constraints set forth in applicable program statutes or regulations. 

  • In text field below the checkboxes, program offices should communicate objectives, strategies and measures related to the program-specific goals. Also, program offices should communicate to applicants that if an application is selected for an award, the applicant is expected to align their project delivery with the objectives, strategies, and measures from the Strategic Plan. The applicant is also expected to track project delivery against the applicable goals, objectives, and measures. Further, program offices are expected to monitor for compliance.

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 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.



  • In the textbox below, please add any program-specific text related to the goals, objectives and measures applicable to this NOFO. You should include goals, objectives, and measures from the Strategic Plan as well as any other applicable planning or strategic document. You should also indicate how applications should align with the goals, objectives, and measures. If this information is included under another section of this NOFO, please indicate such.

3. Changes from Previous NOFO

  • Please add any program specific text into the text field below. List only the major changes. For a list of the changes related to the general text provided through GMO, please use the resource on GMO’s SharePoint site.

Limited Eligibility for FY 2022 Supplemental Comprehensive Housing Counseling NOFO. Agencies that were awarded FY 2021 funds through the NOFO for the Department’s Fiscal Year 2021 Comprehensive Housing Counseling Grant Program funds are not eligible for this FY 2022 Supplemental NOFO, except under limited circumstances (described in Section III of this NOFO). For agencies awarded FY 2021 Comprehensive Housing Counseling Grant Program funds, HUD has directly contacted eligible FY 2021 grantees to determine their interest in FY 2022 funds. HUD will use the applications received under the FY 2021 NOFO and the corresponding scores and funding methodology to distribute the majority of the FY 2022 funding to those grantees.

Change to the Period of Performance. The period of performance for grants awarded under this program is October 1, 2022, through September 30, 2023. 

Changes to Preference Points. There are no longer preference points for Opportunity Zones. 
Preference points are now more broadly available for Minority Serving Institutions (MSI) rather than solely offered for Historically Black Colleges and Universities (HBCU).

Form HUD-424-B, Applicant Assurances and Certifications. All applicants must complete the HUD-424-B providing assurances and certifications that, if selected to receive an award, the applicant will comply with U.S. statutory and other requirements, which includes but is not limited to civil rights requirements.

Racial Equity and Affirmative Marketing. Applicants are required to provide a description of a meaningful action they will take that is consistent with the obligation to advance racial equity and affirmatively market the housing counseling services provided by this grant.  

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, 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:

(1)

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

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

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

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

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

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.
Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

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

Minority-Serving Institutions (MSIs) are

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

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

(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.

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

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

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

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

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

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

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

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.

Please add any program specific definitions into the text field below.

Program specific definitions are available in Appendix A, Definitions.

B. Authority

  • Please add the statutory and/or appropriations citation that provides the legal authority for the program and funding here.

  • If the NOFO includes already appropriated funding, this section needs to include the title of the Appropriations Act, the Public Law number and enactment date for the current FY and all prior year funding included in this NOFO: e.g., “Funding for this program is provided by the Consolidated Appropriations Act, 2023(Public Law 118-X, approved XXX) [bill name, public law number, approval date TBD], the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022), the Consolidated Appropriations Act, 2021(Public Law 116-260, approved December 27, 2020), the Further Consolidated Appropriations Act, 2020 (Public Law 116-94, approved December 20, 2019), and the Consolidated Appropriations Act, 2019 (Public Law 116-6, approved February 15, 2019).”

  • If the NOFO will be published in advance of Congressional appropriations, then note “Congress has not yet appropriated funds for this program. Therefore, the applicable funding terms and conditions are contingent on future congressional action.”

HUD's Housing Counseling Program is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701x) (Section 106) and Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. § 3533) as amended. The Housing Counseling Program regulations are codified at 24 CFR Part 214. The Home Equity Conversion Mortgage Program (HECM) is authorized by Section 255 of the National Housing Act (12 U.S.C. § 1715z-20), and its regulations are codified at 24 CFR Part 206. Funding for this program is provided by the Consolidated Appropriations Act, 2022 (Public. Law 117-103, approved March 15, 2022).

II. AWARD INFORMATION

This section provides information to help an applicant decide whether to submit a proposal. Relevant information includes the total amount of funding that HUD expects to award through the NOFO; the expected performance indicators, targets, baseline data, and data collection (which the NOFO must make clear as provided by 2 CFR 200.204(c) and 200.211(a)); the anticipated number of Federal awards; the expected amounts of individual Federal awards (which may be a range); and the anticipated start date, period of performance, and budget period(s) for new Federal awards. This section also must address whether applications for renewal or supplementation of existing awards are eligible to compete with applications for new HUD awards.

This section also must indicate the type(s) of assistance instrument (i.e., grant or cooperative agreement) that may be awarded if applications are successful. If cooperative agreements may be awarded, this section either should describe the "substantial involvement" that HUD expects to have or should reference where the potential applicant can find that information (e.g., in the funding opportunity description in I. Funding Opportunity Description Required or award administration information in section IV. Application and Submission Information). If procurement contracts also may be awarded, this must be stated.

A. Available Funds

  • You must select a radio button.

  • You may select the first radio button to issue a NOFO in advance of Congressional appropriations, if necessary and appropriate. The first radio button may be appropriate if your program activities, NOFO structure, and selection process are largely consistent from one year to another. However, you should confirm that senior leadership has approved this approach and consult OGC and the CFO-Appropriations Law Staff for additional technical directions. When using the first radio button, you must:

    • Assess the impact of this choice on other sections of the NOFO and make conforming changes, as necessary;

    • Understand that no awards can be made prior to the enactment of the Appropriations Act; and

    • Conduct an assessment post-enactment to determine whether any additional or revised funding conditions are needed to conform the NOFO/competition to such Act (which may require re-publication).

  • Use the second radio button for NOFOs that you intend to publish after enactment of the relevant Appropriations Act. Upon enactment, you should consult with your budget office to determine the correct NOFO funding amount that is consistent with the Appropriations Act, the Department’s Budget, and the Department’s Operating Plan. If you enter your NOFO into Departmental Clearance prior to the enactment of the relevant Appropriations Act, enter the approximate amount based on your budget office’s advice. The amount (and any other NOFO content impacted by the terms and conditions of the Act) will need to be confirmed or updated consistent with the Act before the NOFO can receive final Departmental Clearance.

  • You should use the third radio button for multi-year NOFOs, or where funding is available in the current year, but future funding that you intend to award under this NOFO is not yet appropriated. You should consult with your budget office to determine the correct NOFO funding amount that is currently available consistent with the Appropriations Act, the Department’s Budget, and the Department’s Operating Plan. [Use this radio button only in cases where HUD intends to award amounts not yet appropriated under this NOFO. Use the second radio button in cases where all the amounts HUD intends to award are known amounts already appropriated]

 Funding of approximately $3,000,000 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.

  • If this NOFO has multiple funding sources, you may use the field below to list the sources and amounts (if known).

HUD’s estimate of $3,000,000 is based on the projected number of agencies that will be eligible and apply for funds under this FY 2022 Supplemental NOFO; HUD anticipates that the majority of FY 2022 Comprehensive Housing Counseling Grant Program funding will be distributed to those FY 2021 grantees who remained eligible and were interested in second year CHC and MSI grant funding. HUD reserves the right to award more or less than this amount, in one or more phases, depending upon the number of eligible applicants and other factors. 

Applicants requesting funds dedicated to HBCUs and other MSIs (and partnerships therewith) should review the HBCU/MSI initiative information and procedures in this NOFO, including Section V.B.4., Historically Black Colleges and Universities, Tribal Colleges and Universities, and Other Minority Serving Institutions.

B. Number of Awards

To edit any content below select the "Edit" hyperlink. This will bring you to the Synopsis page to make the applicable updates. Once completed select the "Save" button to save the information and the content will automatically be updated in this section.
If the NOFO includes funds not yet available or known, use the checkbox to add the contingent text to make applicants award of the potential for additional awards beyond those explicitly listed.

HUD expects to make approximately 30 awards from the funds available under this NOFO. 

The number of awards under this NOFO will depend on the number of eligible applicants and other factors. For information on the methodology used to make award determinations under this NOFO, see Section V.B.

C. Minimum/Maximum Award Information

  • If Minimum/Maximum Award Amounts do not apply, mark as $0 and add a thorough explanation in the text field below.

  • If it is a multi-year NOFO (using the third radio button under Available Funds), add text to the text field to inform applicants that the total funding award is contingent on available funds: e.g., “Your application must identify the funding source(s) for which you are applying. You must include this information in the                                                         section of your application, to ensure that HUD is able to align applications with the appropriate funding years. The total funding for any award made pursuant to this NOFO is contingent upon the availability of funds.”

  • If the NOFO is published in advance of appropriations, add text to the text field to inform applicants that the total funding award is contingent on available funds: e.g., “The total funding for any award made pursuant to this NOFO is contingent upon the availability of funds.”

  1. Total Grant Request. Applicants are not required to request a specific award amount, nor provide a proposed budget for a grant amount but should enter a response of $1.00 in line 18a of the SF-424, Application for Federal Assistance.

  2. Award Adjustments. Once Applicants are selected for award, HUD will determine the total amount to be awarded to each grantee. HUD reserves the right to adjust funding levels for each grantee.

  3. Minimum and Maximum Award Amounts. Applicants may indicate a maximum grant request that will be considered as a cap in establishing the maximum Comprehensive Housing Counseling award, up to $3 million. 

HBCU and other MSI funds will be awarded to HUD-approved housing counseling agencies in addition to the maximum award amount.

Estimated Total Funding:

$3,000,000

Minimum Award Amount:

$1

Per Project Period

Maximum Award Amount:

$3,000,000

Per Project Period

D. Period of Performance

Insert information related to your grant activities start and end dates. The estimated dates are the dates the program believes grant activities can begin and end.  To account for the new cost allowability criterion in 2 CFR 200.403(h), please be sure the “budget period” reflects the period for incurring allowable costs under the award. You may also want to explain the time period in which applicants may request period of performance extensions, and the terms and conditions for period of performance extensions that may be provided. 


 

Estimated Project Start Date:

04/14/2023

Estimated Project End Date:

09/30/2023

Length of Project Periods:

12-month project period and budget period

Length of Periods Explanation of Other:

The initial period of performance for grants awarded under this program will be for a period of 12 months. For planning purposes, Applicants should assume that the period of performance is October 1, 2022, through September 30, 2023.

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant)

HUD will use a cost reimbursement Grant Agreement, which means that grantees will receive funding for housing counseling services that were provided prior to a draw request for reimbursement. Grantees may not draw down on an award made through this NOFO until the prior year's award has been fully expended.

III. ELIGIBILITY INFORMATION

This section addresses factors that make an applicant or application eligible for consideration. List eligible activities for your specific NOFO. You must make clear whether an applicant's failure to meet an eligibility criterion by the time of an application deadline will result in the return of the application without review or, even though an application may be reviewed, will preclude HUD from making an award.

The key elements to be addressed must be outlined in the sections below: III.A. Eligible Applicants, III.B. Ineligible Applicants, III.C. Cost Sharing or Matching, III. D. Threshold Eligibility Requirements, III.E. Statutory and Regulatory Requirements Affecting Eligibility III.F. Program-Specific Requirements, and III.G. Criteria for  Beneficiaries (if applicable).

A. Eligible Applicants

The program office must select the checkboxes for each general category below that includes the types of entities that are eligible to apply and add any further qualifications or restrictions on eligible applicants in the text field provided below the checkboxes. You may not eliminate organizations that are eligible under the statute, or restrict competition to certain applicants, without providing justification. For example, if your program is limited to nonprofit organizations that are exempt from taxation as provided in Internal Revenue Code section 501(a) as an entity described in section 501(c)(3) (26 U.S.C. §§ 501(a) and (c)(3)), the announcement must clarify this requirement and expressly state the statutory authority for requiring such status in the text field below “Additional Eligibility Criteria.” Similarly, it is better to state explicitly whether Native American tribal organizations are eligible for funding under the NOFO instead of leaving it ambiguous.


Eligibility also can be expressed by exception, (e.g., open to all types of domestic applicants other than individuals). The text field must also include a cross-reference to any portion of Section IV specifying documentation that must be submitted to support an eligibility determination (e.g., if nonprofits are eligible, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, and the program is subject to 24 CFR 5.109(l), this text field must refer to the NOFO section requiring nonprofit status to be demonstrated by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5), the forms of documentation HUD must accept under 24 CFR 5.109(l) to verify nonprofit status).

To the extent that any funding restriction in Section IV.E could affect the eligibility of an applicant or project, you must either restate that restriction in the text field or provide a cross- reference to the restriction in Section IV.E.

If you check the option “Public housing authorities/Indian housing authorities,” and Indian housing authorities (IHAs) are in fact not eligible, you must include a notation in the first text field below explaining that only PHAs are eligible.

If Tribally Designated Housing Entities (TDHEs) other than IHAs are eligible applicants, you must select the “Other” category and add a specific explanation that TDHEs are eligible applicants for your program.

24 CFR 5.109(l) applies to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of CFR, or unless inconsistent with certain HUD program authorizing statutes. If 24 CFR 5.109(l) applies to your program, nonprofit organizations are eligible applicants, and your NOFO requires an organization to maintain tax- exempt status in order to be eligible for funding (i.e., you check only checkbox 12 below), you must expressly state the statutory authority for requiring such status in the text field below “Additional Eligibility Criteria.” If 24 CFR 5.109(l) applies to your program and nonprofit organizations are eligible applicants, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, applicants are permitted to demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5) and you must check all checkboxes necessary, consistent with 24 CFR 5.109(l), and include language in the text field below “Addition Information on Eligibility” indicating that applicants can demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5).

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

Additional Information on Eligibility

2500 character limit

1. Eligible applicants must satisfy the following criteria. Applicant must be approved to participate in the HUD Housing Counseling Program prior to the NOFO issue date. In addition, SHFAs are eligible for this NOFO if they possess statutory authority to provide housing counseling throughout their entire state and adhere to all program requirements outlined in 24 CFR Part 214, HUD Handbook 7610.1 Rev-5, and other governing policies and requirements.

2. Limits on Applicants. Applicants and Subgrantees are prohibited from receiving FY 2022 Housing Counseling Program grant funding from multiple sources. For example, receiving funding under this NOFO as both a direct Grantee (e.g. LHCA) and as a Subgrantee of an Intermediary or SHFA is prohibited. Likewise, receiving funding under this NOFO as a Subgrantee of two different Intermediaries/SHFAs is prohibited.

3. Affiliations 
Agencies that were awarded FY 2021 funds as a subgrantee of an SHFA or Intermediary may: 

  • maintain their FY 2021 affiliation,

  • join a different network,

  • apply as a direct grantee, if the agency is a HUD-approved LHCA, or

  • apply as a direct grantee as a newly approved MSO or Intermediary (approved on or after September 14, 2021). 

LHCAs that were awarded FY 2021 funds as a direct grantee may:

  • express interest in FY 2022 funding, when contacted by HUD, or

  • affiliate with an Intermediary or SHFA for FY 2022 funding. 

The information in the text area above is sent to Grants.gov Therefore, it only allows up to 2,500 characters. If you require additional space, please enter it in the text area below. If 24 CFR 5.109(l) applies to your program, nonprofit organizations are eligible applicants, and your NOFO requires an organization to maintain tax-exempt status in order to be eligible for funding, you must expressly state the statutory authority for requiring such status here.

If 24 CFR 5.109(l) applies to your program and nonprofit organizations are eligible applicants, but your program does not statutorily define what an applicant must show to demonstrate that it is a nonprofit organization, applicants are permitted to demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5).  You must include language here or cross-reference the portion of the NOFO, indicating that applicants can demonstrate their nonprofit status by any of the means described in 24 CFR 5.109(l)(1) through 24 CFR 5.109(l)(5).

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

This section addresses factors that make an applicant or application ineligible for consideration. List ineligible applicants for your specific NOFO. 

Applicants that do not meet the criteria of Section III.A. are ineligible. In addition, applicants must not have been awarded FY 2021 funds through the NOFO for the Department’s Fiscal Year 2021 Comprehensive Housing Counseling Grant Program as a direct grant from HUD, subject to the following exception:

Newly-approved MSO or Intermediary: Agencies that were awarded FY 2021 funds as an LHCA or as a subgrantee of an SHFA or Intermediary and then received HUD approval as a newly approved MSO or Intermediary on or after September 14, 2021 and prior to the publication of this NOFO, are eligible to apply for this NOFO using the MSO or Intermediary designation.

C. Cost Sharing or Matching

Announcements must state whether there is required cost sharing, matching, or cost participation without which an application would be ineligible (if cost sharing is not required, you must explicitly say so). Required cost sharing may be a certain percentage or amount or may be in the form of contributions of specified items or activities (e.g., provision of equipment). It is important that the announcement be clear about any restrictions on the types of cost (e.g., in- kind contributions) that are acceptable as cost sharing. Cost sharing as an eligibility criterion includes requirements based in statute or regulation. This section should refer to the appropriate parts of section IV, Application and Submission Information, that state any pre-award requirements for submission of letters or other documentation to verify commitments to meet cost-sharing requirements if an award is made. Please refer to 2 CFR § 200.306, Cost Sharing or Matching.

This Program does not require cost sharing or matching, but provides points based on leverage as described below. 

Insert additional program-specific text in the text area below. Be sure to note if your program will still consider leverage as a factor when rating and ranking applications.

See Rating Factor 4: Leveraging Resources in Section V.A.

D. Threshold Eligibility Requirements

FHEO is available to consult regarding additional information on how an applicant might confirm its eligibility status related to civil rights matters.

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

1. Resolution of Civil Rights Matters

Outstanding civil rights matters must be resolved before the application submission deadline. Applicants with unresolved civil rights matters at the application deadline are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

E. Statutory and Regulatory Requirements Affecting Eligibility

Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs

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

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

  • Outstanding Delinquent Federal Debts

  • Debarments or Suspensions, or both

  • Mandatory Disclosure Requirement

  • Pre-selection Review of Performance

  • Sufficiency of Financial Management System

  • False Statements

  • Prohibition Against Lobbying Activities

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

F. Program-Specific Requirements

  • Program offices should consult with applicable regulations and OGC to determine if the Certification of Consistency with the Consolidation Plan is applicable.

  • In the textbox field, any program for which there are no program regulations must include all requirements of the program within the NOFO. Each Executive Order (EO) on the GMO Home SharePoint site that applies by its own terms to your Program NOFO should be implemented through one or more of the following, depending on the specific EO’s requirements, the nature of activities to be funded and eligible applicants under your program NOFO, and applicable statutory constraints: (1) NOFO language that recommends, but does not require applicants or recipients to take specific actions to implement the EO; (2) NOFO language that requires compliance (whether as an application requirement or award requirement) with specific applicant or recipient obligations HUD must pass down or establish under the EO; AND/OR (3) language to reward or prioritize (e.g., through preference points) NOFO applicants that take certain actions when preparing their funding applications or that commit to taking certain actions as part of their proposed projects, consistent with the funding priorities HUD must implement under the EO. Program offices should consider all relevant factors when deciding the extent to which each EO can be implemented in each program.

  •  If this NOFO includes multi-year funding, in the textbox field, you must make clear to the applicant that its application, score, and funding request are used for more than one year.  This means, the applicant may want to consider this fact, when determining its funding request.  Example of text, “You, as the applicant, must identify your funding request for each funding year included in this NOFO. HUD will create a ranked fundable applicants list for each funding year requested (i.e., a FY 2023 ranked list, and a FY 2024 ranked list). An applicant’s score and the funding requested by year will inform funding decisions associated with this NOFO. You must include the total funding requested for all years on your SF-424; the amount listed on the SF-424 will be used as your maximum funding amount requested for all years of funding associated with this NOFO. You should determine your funding requests based on your ability to successfully execute your project and the NOFO terms over the performance period in this NOFO.”

  • FHEO and OSec are available to consult regarding additional information on how applicants are expected to align their proposed activities with Advancing Racial Equity and Affirmative Marketing requirements. Program offices should confirm that assessment with senior leadership.

  1. Audits and Investigations. Successful Applicants must provide the most recent audit of financial activities (e.g., a single or program-specific audit required under 2 CFR. §200.501) completed no earlier than fiscal year 2019. All Applicants not required to complete a single or program-specific audit under 2 CFR §200.501 must submit their most recent independent financial audit. HUD will review individual circumstances upon request.
    At the time of the NOFO application submission date and thereafter, all Applicants must disclose to HUD the status of active investigations as outlined in 24 CFR § 214.103(c)(3). HUD may determine that Applicants are not eligible for grant funding based on its review of HUD, HUD Office of Inspector General (OIG), or other government audits or investigations.

  2. Client Management System. All Applicants, Branches, and Subgrantees must use a HUD-compliant Client Management System (CMS) that interfaces with HUD’s Housing Counseling System (HCS). HUD will review individual circumstances when an agency is transitioning CMSs.

  3. Subgrant Allocation. Applicants that manage networks of counseling agencies must submit a proposed sub-allocation plan indicating how they will divide their HUD CHC Grant funds among their Branches and Subgrantees, based on percentages of the grant rather than dollar amounts (see Form HUD-9906-P, Chart A2, Fields P1 and P2). Only Subgrantees and Branches that provide housing counseling services should be listed. Subgrantees or Branches that perform only administrative functions should not be listed. Intermediaries and SHFAs that award subgrants to counseling agencies that are not HUD-approved must ensure that they meet or exceed HUD’s approval standards as outlined in 24 CFR Part 214 and clarified in HUD policy guidance. Further, a Subgrantee cannot be funded at 100% of its budget. During grant execution, Grantees will input this sub-allocation plan into HCS. If, after the grants are awarded, a Grantee would like to change its sub-allocation plan, the Grantee must make a request in writing and provide justification.

  4. Subgrant Agreement. Intermediaries and SHFAs that award subgrants must execute subgrant agreements with Subgrantees that delineate the mutual responsibilities for program management, including appropriate time frames for reporting results to HUD and compliance with HUD rules and regulations. These records must meet the data requirements of the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (P.L. 109-282), and must be made available to Subgrantees, Branches, and HUD within 30 days of making the subaward or allocation.

  5. Succession and Contingency Plans. Grantees shall make available to HUD, upon request, plans demonstrating how they will ensure continuity of services to consumers.

  6. Documentation of Expenses. All Grantees and Subgrantees must be able to demonstrate and document the actual cost of service provision. The amount billed cannot exceed the actual cost of providing the service. The Grantee and Subgrantees must maintain source documentation of direct costs, such as invoices, receipts, cancelled checks, and personnel activity reports, to support all Line of Credit Control System (LOCCS) draw requests for payment. This information must be made available upon request and maintained for a period of at least three years after the expiration of the Grant period or date of last payment, whichever occurs first.

  7. Documentation of Personnel Expenses. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed and meet the standards required in 2 C.F.R Part 200.430(i). The records must support the distribution of employee’s salaries and wages among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and non-Federal award; an indirect cost activity and a direct cost activity; two or more indirect activities which are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity. Budget estimates alone do not qualify as support for charges to awards. Records must reasonably reflect the total activity for which employees are compensated.

  8. Subcontracting. Grantees and Subgrantees must deliver the housing counseling services set forth in the Applicant’s Work Plan. It is not permissible to contract out housing counseling services, except as approved by HUD as specified in 24 C.F.R. § 214.103(i).

  9. Conflicts of Interest. See 24 CFR Part 214 and Handbook 7610.1 for information about the Applicant’s code of conduct and the prohibition against real and apparent conflicts of interest that may arise among officers, employees, agents, or other parties.

  10. Affirmatively Furthering Fair Housing (AFFH). Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing and requires the same of its funding recipients: As currently defined at 24 CFR § 5.151, “Affirmatively Furthering Fair Housing” means “taking meaningful actions, in addition to combating discrimination, that 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 meaning actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with racially balanced living patterns, transforming racially or 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. “Meaningful actions” are significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity. Specifically, action must be taken to fulfill, as much as possible, the goal of open, integrated residential housing patterns and to prevent the increase of segregation, of racial groups whose lack of opportunities the Act was designed to combat.
    Examples of housing counseling activities that would be consistent with the obligation to     AFFH include, but are not limited to, the following:

    1. Providing persons with counseling, education, or information on discriminatory housing and mortgage lending practices and the rights and remedies available.

    2. Maintaining a database of accessible housing opportunities in the community for use by persons with disabilities and providing in-language counseling to help with the needs of LEP persons who may have trouble with lending, establishment of credit, or accessing relevant financial services.

    3. Providing mobility counseling to help persons move to and access affordable housing in the community, including helping persons identify housing opportunities, helping them connect with landlords, and assisting them with applying for such housing.

  11. Prohibition Against Lobbying Activities. Applicants are subject to the provisions of Section 319 of Pub L No. 101-121, 31 U.S.C. § 1352 (the Byrd Amendment), 24 CFR Part 87, and 2 CFR §200.450, which prohibit recipients of Federal awards and their contractors, subcontractors, at any tier, and Subgrantees at any tier, from using appropriated funds for lobbying the executive or legislative branches of the Federal government in connection with a Federal award. In addition, grant funds under this NOFO shall not be utilized to advocate or influence the outcome of any Federal, state or local election, referendum, initiative, or similar procedure or policy position through contributions, endorsements, publicity, or similar activity.

  12.  Tax Exempt. Applicants, Subgrantees, and Branches must be:

    1. exemption from taxation under Internal Revenue Code (IRC) Section 501 (a) as an entity described in IRC Section 501(c) (26 U.S.C. § 501 (a) and (c)), or units of local, county, or state government,

    2. in good standing under the laws and regulations of the state of their organization, and

    3. authorized to do business in the states in which they propose to provide housing counseling services.

  1. Provide Accessible Services. Applicants receiving Federal financial assistance shall operate their housing programs or activities so that they are readily accessible to and usable by persons with disabilities. All programs or activities must be held in accessible locations, and successful applicants must give priority to methods that provide physical access to individuals with disabilities. Where accessibility for persons with disabilities is not possible, successful applicants must give priority to alternative participatory methods of delivery that are accessible to and usable by individuals with disabilities. Applicants receiving Federal financial assistance shall administer their housing programs or activities in the most integrated setting appropriate to the needs of individuals with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and HUD’s implementing regulations at 24 CFR part 8; Titles II and III of the Americans with Disabilities Act (42 U.S.C 12101 et seq.) and its implementing regulations at 28 CFR parts 35 and 36.

In addition, counseling services must comply with effective communication and reasonable accommodation requirements pursuant to Section 504 of the Rehabilitation Act of 1973 and  HUD’s implementing regulations at 24 CFR part 8 and Titles II and III of the Americans with Disabilities Act of 1990, and the Department of Justice implementing regulations codified at 28 CFR parts 35 and 36.

Accessibility arrangements, auxiliary aids and services, and reasonable accommodations may include, but are not limited to, materials provided in different formats, including large print or Braille and interpreter services. Information on how to request available assistive services and reasonable accommodations must be available, as well as available in different formats. Regarding accessible technology, HUD requires its funding recipients to adopt the goals and objectives of Section 508 of the Rehabilitation Act of 1973 by ensuring, whenever electronic and information technology (EIT) is used, procured, or developed, that persons with disabilities have access to and use of the information and data made available through the EIT on a comparable basis as is made available to and used by persons without disabilities.

Further, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and Executive Order 13166 require that grantees take reasonable steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency. For assistance, grantees should consult HUD’s Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (HUD’s LEP Guidance) published in the Federal Register on January 22, 2007 (72 Fed. Reg. 2732).

  1. Sam.gov and UEI Registration Requirement. Applicants must have a valid, active registration in the SAM. In addition, applicants and subgrantees must have a UEI Number.

  2. Outstanding Performance Issues. Applicants and Subgrantees must resolve all outstanding issues communicated by HUD in writing by the later of the application deadline date of this NOFO or the expiration date of any conditional re-approval or inactive status resulting from such written communication.

  3. Election for Federal Office Violation. No Applicant, Subgrantee, or Branch that employs an individual who has been convicted of a violation under Federal law relating to an election for Federal office. See 12 U.S.C. 1701x(a)(4)(D).

  4. Housing Counseling Work Plan. Applicants must have an approved Housing Counseling Work Plan on file with HUD. Activities specified in the form HUD-9906 Housing Counseling Charts must be consistent with activities previously approved in the work plan prior to the application due date. Applicants are reminded of the requirement to provide counseling to at least thirty clients annually (24 CFR § 214.303(b)).

  5. Compliance with Third Party Certifications and Licensing. Applicants must comply with, and not in default under, any applicable state or other licensing and certification requirements. HUD will review individual circumstances upon request.

  6. Inherently Religious Activities. If an organization engages in inherently religious activities, such as worship, religious instruction, or proselytization, these activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary and not a condition of the HUD programs or services in accordance with 24 CFR § 5.109(e).

Advancing Racial Equity

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

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

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

  • You detailed the steps you will take to prevent, reduce or eliminate these barriers; and

  • You have measures in place to track your progress and evaluate the effectiveness of your efforts to advance racial equity in your grant activities.

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

Affirmative Marketing

You must submit a narrative demonstrating that the housing, services, or other benefits provided under this grant will be affirmatively marketed broadly throughout the local area and nearby areas to any demographic groups that would be unlikely or least likely to apply absent such efforts. Such demographic groups may include, for example, Black and Brown persons or communities, individuals with limited English proficiency, individuals with disabilities, or families with children. Such activities may include outreach through community contacts or service providers or at community centers serving the target population; and marketing on websites, social media channels, television, radio, and print media serving local members of the targeted group. Documentation for this factor consists of a narrative describing the activities that will fulfill the factor requirements.

G. Criteria for Beneficiaries.

[If the program specifies criteria for program beneficiaries, list them or provide a citation to a reference, in the text box provided.]

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

Instructions for Applicants
All application materials, including the Application Instructions and Application Package, are available through Grants.gov. You must access and review all available application materials. You must submit your application electronically via Grants.gov under the Funding Opportunity Number cited within this NOFO. Your application must list the applicable Funding Opportunity Number.

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

Name:

Email:

[email protected]

HUD Organization:

Street:

City:

State:

Zip:

Insert program-specific text describing whom to contact to request a waiver from electronic submission and/or paper copy of the application materials. You may indicate more than one person by using the text box below. If possible, provide multiple means to contact this person/office (e.g., phone, email, mail).

Waiver requests must be submitted with the subject line “NOFO - Request for Waiver of Electronic Application.”
NOFO applications and forms are available from http://www.grants.gov/web/grants/applicants /apply-for-grants.html. Below are basic instructions for obtaining the application instructions and package:

  1. Go to the “Package” tab of the Grant Opportunity. Click “Preview” to view the instructions and application package. Click “Apply” and “Create a Workspace” to access fillable forms and begin the application process.

  2. Click “Download Instructions” to download a WinZip folder containing the following files:

    1. Comprehensive Housing Counseling NOFO (PDF)

    2. Form HUD-9906-L, Local Housing Counseling Agency Application (PDF)

    3. Form HUD-9906-P, Intermediary, State Housing Finance Agency, and Multi-Sate Organization Application (PDF)

    4. Form HUD-9906, Chart A2 Supplement (for Intermediaries, SHFAs, and MSOs) (Excel)

    5. Form HUD-9906, Chart B: Leveraged Resources (Excel)

    6. Form HUD-9906, Chart E: Use of Funds (Excel)

    7. Form HUD-50153, Certification of Consistency with Promise Zone Goals and Implementation (PDF)

    8. Form HUD-424-B, Applicant Assurances and Certifications (PDF)

  3. The Grants.gov Workspace will list Mandatory and Optional forms, fillable as PDFs or webforms, if available. Applicants must complete all required fields and upload the Mandatory forms in order for Grants.gov to allow submission of the application package. Grants.gov may not permit submission of an incomplete or improperly filled-out form.

  4. To add required attachments (like Form HUD-9906, supplemental spreadsheets, etc.), click "Include in Package" to use the “Attachments Form.” Click the “Add Attachment” box to attach documents and forms.

  5. When the application is complete, you may click “Check Package for Errors.”

  6. To submit the completed application on behalf of the organization, an Authorized Organization representative must click “Sign and Submit.” Applications may not be received by Grants.gov or by HUD until they have been signed and submit by an AOR prior to the application deadline. For the SF-424, Form HUD-2880, and Certification Regarding Lobbying, the signature of the authorized representative and the date signed are completed upon submission.

If Applicants have difficulty accessing the information, Applicants may call the help desk at (800) 518-4726 or e-mail [email protected]. Individuals who are deaf or hard of hearing, or who have speech and other communication disabilities may use a relay service to reach Grants.gov Customer Support. To learn more about how to make an accessible telephone call, visit the webpage for Federal Communications Commission. 

B. Content and Form of Application Submission

This section must identify the required content of an application and the forms or formats that an applicant must use to submit it. If any requirements are stated elsewhere because they are general requirements that apply to multiple programs or funding opportunities, this section should refer to where those requirements may be found. This section also must include required forms or formats as part of the announcement or state where the applicant may obtain them. Further, you should indicate which requirements and/or forms are curable deficiencies for applicants that fail to submit required materials or submitted deficient materials.

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package. 
Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is a Non-Curable Deficiency, unless otherwise stated under the Threshold requirements section.

1. Content

Forms/Assurances/Certifications

Submission Requirement

Notes/Description

Application for Federal Assistance (SF-424)

Review section IV.G. of this NOFO for detailed submission requirements.


Applicant and Recipient Assurances and Certifications (HUD 424-B)

Review section IV.G. of this NOFO for detailed submission requirements.


Applicant/Recipient Disclosure/Update Report (HUD 2880)

Review section IV.G. of this NOFO for detailed submission requirements


Certification Regarding Lobbying (Lobbying Form)

Review section IV.B.2.a. of this NOFO for detailed submission requirements.


Form HUD-9906 Housing Counseling Charts

Review section IV.B.2.a.3., Application Checklist, for detailed submission requirements. 




Lead Authors may update the "Submission Requirement" standard language as well as add Notes/Descriptions.  Authors can also add program specific forms related to submission.
 

See Application Checklist below for a list of required content.

2. Format and Form

Narratives and other attachments to your application must follow the following format guidelines. Do not submit password protected or encrypted files.

 

a. Application Checklist (Required of all Applicants). Below are forms, information, and certifications that all Applicants must complete. Failure to complete and submit these forms may result in loss of points or disqualification.

  1. SF-424, Application for Federal Assistance. Applicants should check "new" for block 2 for "Type of Application." Applicants may leave blocks 4, 5a, and 5b blank. For block 8c of the form, ensure that your UEI is correct and is listed on SAM.gov with an active registration. In block 8d, you must include a 9-digit number for your organization’s zip code (zip plus 4 digits). Applicants are not required to request a specific grant amount but should enter a response of $1.00 in block 18a.

  2. Form HUD-2880 Applicant/Recipient Disclosure/Update Report. Applicants must complete the Form HUD-2880. Applicants should check the box "Initial Report." In block 4, "Amount of HUD Assistance Requested/Received" of this form, Applicants may enter $1.00: HUD will not use this amount as a cap in establishing the maximum grant amount for the Applicant (Applicants may indicate a maximum grant amount in the Form HUD-9906). Applicants that have received or expect to receive HUD assistance for housing counseling in excess of $200,000 during FY 2021 must select "yes" under the second question in "Part I Threshold Determinations.” Detailed instructions for completing the form are found at this link: http://portal.hud .gov/hudportal/documents/huddoc?id=2880  .pdf.

  1. Form HUD-9906 Housing Counseling Charts. LHCA applicants must complete and submit form HUD-9906-L (PDF). Intermediary/SHFA/MSO applicants must complete and submit the HUD-9906-P (PDF) and the Chart A2 Supplement (Excel). All applicants must complete the form HUD-9906, Chart E: Use of Funds (Excel). All Applicants with leveraged funds must complete the Chart B: Leveraged Resources (Excel). Applicants may not reuse the form HUD-9906 from previous applications.

  2. Certification Regarding Lobbying (Grants.gov Lobbying Form). All applicants must complete the Certification Regarding Lobbying to ensure applicants acknowledge the requirements in the Byrd Amendment and 24 CFR Part 87. These statutes and regulation prohibit the use of Federal award funds for lobbying the executive or legislative branches of the Federal government in connection with a specific award. This is separate from the requirement for Applicants to report lobbying activities using SF-LLL.

  3. Form HUD-424-B, Applicant Assurances and Certifications. All applicants must complete the HUD-424-B providing assurances and certifications that, if selected to receive an award, the applicant will comply with U.S. statutory and other requirements, including, but not limited to, civil rights requirements. Review section IV.G. of this NOFO for more information.  

b. Application Checklist - Additional Items (Applicable Only to Certain Applicants).
Below are forms, information, and certifications that certain Applicants must include depending on their individual circumstances:

  1. Form HUD-50153, Certification of Consistency with Promise Zone Goals and Implementation. Applicants requesting Promise Zone preference points must submit a form signed by the authorized official for the designated Promise Zone.

  2. Form HUD-9902, Housing Counseling Agency Fiscal Year Activity Report, for the Period October 1, 2020, through September 30, 2021. Applicants will be evaluated based on HUD-9902 data in HUD's HCS. Newly approved Applicants that received approval as HUD housing counseling agencies after September 30, 2021, and did not submit a Fiscal Year 2021 Quarter 4 HUD-9902 by April 30, 2022, must prepare and submit a form HUD-9902 as part of the application for the period October 1, 2020 through September 30, 2021.

  3. SF-LLL, Disclosure of Lobbying Activities. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award. 

  4. SHFA Statutory Authority. SHFAs must submit evidence of their statutory authority to operate as a SHFA, as defined in this NOFO, and must submit evidence of their authority to apply for funds and subsequently use any funds awarded. Applicants should verify that their agency profile information is accurately represented in HUD’s HCS and validate the information prior to submitting the grant application. HUD will contact SHFA Applicants that are new to the program to establish their profiles in the HCS.

  5. Minority Serving Institutions (MSI): Preference Points. An Applicant designated by the U.S. Department of Education as a MSI will receive up to two (2) preference points when the application includes documentation of the applicant’s status as a MSI. An Applicant that is partnering with a MSI will receive up to two (2) preference points when the application includes a Letter of Commitment certifying that a MSI Partnership is in place and signed by an authorizing official of the MSI and documentation of the college or university's status as an MSI. See Section I.A.4. for the MSI definition.

  6. Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and other Minority Serving Institutions (MSI). Applicants requesting funds dedicated for HBCUs and other MSIs (and partnerships therewith) must submit evidence of the college or university’s status as an HBCU or MSI. Additionally, Applicants that are partnering with an HBCU or other MSI must submit a letter certifying that an HBCU or other MSI partnership is in place or that there is an intent to enter a partnership. The letter must be signed by the Applicant and an authorizing official of the HBCU or other MSI and the Applicant must provide documentation of the partnering college or university's status as an HBCU or other MSI.

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

1. SAM Registration Requirement
You must register with https://www.sam.gov/before submitting their application. You must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which you have an active Federal award or an application or plan under consideration by HUD.

2. UEI Requirement
As of April 4, 2022, entities doing business with the federal government must use the UEI created in SAM.gov. Also, you must provide a valid UEI, registered and active at www.sam.gov/ in the application. For more information, see: https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems- information-kit/unique-entity-identifier-update.

3. Requirement to Register with Grants.gov
Anyone planning to submit applications on behalf of an organization must register at Grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization.
Registration for SAM and Grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through Grants.gov. Complete registration instructions and guidance are provided on Grants.gov.

D. Application Submission Dates and Times

1. Application Due Date Explanation

The application deadline is 11:59:59 PM Eastern time on

02/17/2023

Submit your application to Grants.gov unless a waiver has been issued allowing you to submit a paper application. Instructions for submitting your paper application will be contained in the waiver of electronic submission.

“Received by Grants.gov” means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamp each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov.

Applications received by Grants.gov must be validated by Grants.gov to be received by HUD.

“Validated by Grants.gov” means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting “Applicants” from the top navigation, and selecting “Track my application” from the dropdown list. If the application status is “rejected with errors,” you must correct the error(s) and resubmit the application before the 24-hour grace period ends. Applications in “rejected with errors” status after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a complete description of processing steps after applying.

HUD strongly recommends you submit your applications at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems.

2.   Grants.gov Customer Support

Grants.gov provides customer support information on its website at https://www.grants.gov/web/grants/support.html. If you have difficulty accessing the application and instructions or have technical problems, contact Grants.gov customer support center by calling (800) 518-GRANTS (this is a toll-free number) or by sending an email to [email protected].The customer support center is open 24 hours a day, seven days per week, except Federal holidays. Individuals who are deaf or hard of hearing, or who have speech and other communication disabilities may use a relay service to reach Grants.gov Customer Support. To learn more about how to make an accessible telephone call, visit the webpage for Federal Communications Commission.

3.   Grants.gov Application Submission

You can verify the contents of your submitted application to confirm Grants.gov received everything you intended to submit. To verify the contents of your submitted application:

  • Log in to Grants.gov.

  • Click the Check Application Status link, which appears under the Grant Applications heading in the Applicant Center page. This will take you to the Check Application Status page.

  • Enter search criteria and a date range to narrow your search results.

  • Click the Search button. To review your search results in Microsoft Excel, click the Export Data button.

  • Review the Status column. To view more detailed submission information, click the Details link in the Actions column.

  • To download the submitted application, click the Download link in the Actions column.

Take note of the Grants.gov tracking number, as it is needed by the Grants.gov customer support center should you seek their assistance.

HUD may extend the application deadline for any program if Grants.gov is offline or not available to applicants for at least 24 hours immediately prior to the deadline date, or the system is down for 24 hours or longer and impacts the ability of applicants to cure a submission deficiency within the grace period.

HUD may also extend the application deadline upon request if there is a presidentially declared disaster in the applicant’s area.

If these events occur, HUD will post a notice on its website establishing the new, extended deadline for the affected applicants. HUD will also publish the extension on Grants.gov.

In determining whether to grant a request for an extension based on a presidentially declared disaster, HUD will consider the totality of the circumstances including the date of an applicant’s extension request (how closely it followed the basis for the extension), whether other applicants in the geographic area are similarly affected by the disaster, and how quickly power or services are restored to enable the applicant to submit its application.

NOTE: Busy servers, slow processing, large file sizes, improper registration

or password issues are not valid circumstances to extend the deadline dates or the grace period.

4.   Amending or Resubmitting an Application

Before the submission deadline, you may amend a validated application through Grants.gov by resubmitting a revised application containing the new or changed material. The resubmitted application must be received and validated by Grants.gov by the applicable deadline.

If HUD receives an original and a revised application for a single proposal, HUD will evaluate only the last submission received by Grants.gov before the deadline.

5.   Grace Period for Grants.gov Submissions

If your application is received by Grants.gov before the deadline, but is rejected with errors, you have a grace period of 24 hours after the application deadline to submit a corrected, received, and validated application through Grants.gov. The date and time stamp on the Grants.gov system determines the application receipt time. Any application submitted during the grace period but not received and validated by Grants.gov will not be considered for funding. There is no grace period for paper applications.

6.   Late Applications

An application received after the NOFO deadline date that does not meet the Grace Period requirements will be marked late and will not be reviewed by HUD for funding

consideration. Improper or expired registration and password issues are not sufficient causes to allow HUD to accept applications after the deadline date.

7.   Corrections to Deficient Applications

HUD will not consider information from applicants after the application deadline except for curable deficiencies.

HUD will uniformly notify applicants of each curable deficiency. See curable deficiency definition in section I.A of this NOFO. Examples of curable (correctable) deficiencies include inconsistencies in the funding request and failure to submit required certifications. These examples are non-exhaustive.

When HUD identifies a curable deficiency, HUD will notify the authorized organization representative identified on the SF-424 Application for Federal Assistance via email. This email is the official notification of a curable deficiency.

You must email corrections of Curable Deficiencies to [email protected] within the time limits specified in the notification. The time allowed to correct deficiencies will be no less than 48 hours and no more than 14 calendar days from the date of the email notification. The start of the cure period will be the date stamp on the email sent from HUD. If the deficiency cure deadline date falls on a Saturday, Sunday, Federal holiday, or on a day when HUD’s Headquarters are closed, then the applicant’s correction must be received on the next business day HUD Headquarters offices in Washington, DC are open.

The subject line of the email sent to [email protected] must state: Technical Cure and include the Grants.gov application tracking number or the GrantSolutions application number (e.g., Subject: Technical Cure - GRANT123456 or Technical Cure - XXXXXXXXXXX). If this information is not included, HUD cannot match the response with the application under review and the application may be rejected due to the deficiency.

Corrections to a paper application must be sent in accordance with and to the address indicated in the notification of deficiency. HUD will treat a paper application submitted in accordance with a waiver of electronic application containing the wrong UEI as having a curable deficiency. Failure to correct the deficiency and meet the requirement to have a UEI and active registration in SAM will render the application ineligible for funding.

8.   Authoritative Versions of HUD NOFOs

The version of this NOFO posted on Grants.gov includes the official documents HUD uses to solicit applications.

9.   Exemptions

Parties that believe the requirements of the NOFO would impose a substantial burden on the exercise of their religion should seek an exemption under the Religious Freedom Restoration Act (RFRA).

E. Intergovernmental Review

Select a Radio Button.

This program is not subject to Executive Order 12372, Intergovernmental Review of Federal Programs.

F. Funding Restrictions

Insert text as needed concerning restrictions on the use of award funds. Notices must include information on funding restrictions to allow an applicant to develop an application and budget consistent with program requirements. For example, if there are any limitations on direct costs such as foreign travel or equipment purchases, or if awards will not allow reimbursement of pre-award costs.

If there are no applicable funding restrictions write "Not Applicable" in the text box below.

Eligible Activities. HUD requires Grantees to use grant funds for housing counseling and group education in accordance with 24 CFR Part 214 and Handbook 7610.1. To be eligible for reimbursement as direct costs, costs must be incurred pursuant to one or more of the following activities:

  1. Housing counseling and group education

  2. Oversight, compliance, and quality control

  3. Supervision of housing counseling staff

  4. Housing counselor training and certification

  5. Marketing and outreach of the CHC Program

HUD will respect cost classifications determined in a negotiated indirect cost rate agreement (NICRA) or cost allocation plan. HUD may require Applicants to provide documentation supporting classification of direct and indirect costs. HUD will not reimburse as direct costs those items that are classified as indirect costs in cost rate calculations and applications (See 2 CFR §§200.403, 200.412, and 200.414). Applicants may choose to take a 10% de minimis indirect cost rate as provided in the Uniform Guidance to cover indirect costs. 

To be eligible for reimbursement, housing counseling must be provided by a HUD-certified housing counselor (See 24 CFR §214.103(n) Certification of Housing Counselors).

Program Costs Incurred Prior to the Period of Performance. Unless prior approval by HUD of allowability of costs is required under 2 CFR Part 200, Applicants may, pursuant to 2 CFR 200.308, revise budget and program plans and OHC may provide reimbursements for eligible costs incurred during the period prior to HUD making an award but no earlier than April 1, 2022. Applicants should indicate whether they intend to seek reimbursement for such costs on form HUD-9906, Chart A, Field R. All costs incurred before the Federal awarding agency makes the Federal award are at the recipient's risk (i.e., the Federal awarding agency is not required to reimburse such costs if the recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover such costs).

Prohibition of Rehabilitation or Construction Costs. Building rent is eligible only under the following conditions: the rent must be for existing facilities not requiring rehabilitation or construction except for minimal alterations to make the facilities accessible for a person with disabilities; no repairs or renovations of the property may be undertaken with funds under this NOFO; and properties in the Coastal Barrier Resources System designated under the Coastal Barrier Resources Act (16 U.S.C. 3501) cannot be leased or rented with Federal funds. 

Indirect Cost Rate

Reminders about the Acceptance of Indirect Cost Rates (ICR) authorized by 2 CFR part 200, subpart E 
The negotiated rates must be accepted by all HUD programs. A program may use a rate different from the negotiated rate for a class of Federal awards or a single Federal award only when required by Federal statute or regulation, or when approved by the HUD Secretary or delegate based on documented justification as described in paragraph

  1. (3) of this instruction.

  2. The Secretary or delegate must notify OMB of any approved deviations.

  3. HUD must implement, and make publicly available, the policies, procedures, and general decision-making criteria that its programs will follow to seek and justify deviations from negotiated rates.

  4. As required by 2 CFR § 200.204 and 200.414(c)(4), HUD must include in the notice of funding opportunity the policies relating to indirect cost rate reimbursement.  You must select a checkbox. If deviation from the normal indirect cost rules under 2 CFR part 200, subpart E is required by a statutory or regulatory provision or the Secretary or delegate has approved a deviation from the normal indirect cost rules, you must select the associated checkbox below and either cite the source for the restriction or explain the deviation.

Normal indirect cost rules under 2 CFR part 200, subpart E apply. If you intend to charge indirect costs to your award, your application must clearly state the rate and distribution base you intend to use. If you have a Federally negotiated indirect cost rate, your application must also include a letter or other documentation from the cognizant agency showing the approved rate. Successful applicants whose rate changes after the application deadline must submit the new rate and documentation to assure the award agreement incorporates the applicable rate.

Applicants other than state and local governments. If you have a Federally negotiated indirect cost rate, your application must clearly state the approved rate and distribution base and must include a letter or other documentation from the cognizant agency showing the approved rate. If your organization does not have a current negotiated rate (including provisional rate) and elects to use the de minimis rate, your application must clearly state you intend to use the de minimis rate of 10% of Modified Total Direct Costs (MTDC), as defined at 2 CFR 200.1. Costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both, as described in 2 CFR 200.403. Once elected, the de minimis rate must be applied consistently for all Federal awards until the organization chooses to negotiate a rate, which the organization may apply to do at any time. Documentation of the decision to use the de minimis rate must be retained on file for audit.

State and local governments. If your department or agency unit has a Federally negotiated indirect cost rate, your application must include that rate, the applicable distribution base, and a letter or other documentation from the cognizant agency showing the negotiated rate. If your department or agency unit receives more than $35 million in direct Federal funding per year, you may not claim indirect costs until you receive a negotiated rate from your cognizant agency for indirect costs as provided in Appendix VII to 2 CFR part 200.

If your department or agency unit receives no more than $35 million in direct Federal funding per year and your department or agency unit has developed and maintains an indirect cost rate proposal and supporting documentation for audit in accordance with 2 CFR Part 200, Appendix VII, you may use the rate and distribution base specified in that indirect cost rate proposal.

Alternatively, if your department or agency unit receives no more than $35 million in direct Federal funding per year and does not have a current negotiated rate (including provisional) rate, you may elect to use the de minimis rate of 10% of MTDC. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be applied consistently for all Federal awards until your department or agency chooses to negotiate for a rate, which you may apply to do at any time. Documentation of the decision to use the de minimis rate must be retained on file for audit.

G. Other Submission Requirements

  • The SF-424, Assurances, and HUD 2880 forms are required for all NOFOs, and submission requirements are included as standard text below. Each program must identify the appropriate budget form within section IV.B. of this NOFO. This should be either the SF-424A budget form or a program-specific budget form. The form should collect direct costs and the appropriate indirect cost rate and amount. Any other program specific requirements may be listed below.

  • FHEO is available to consult regarding additional information on how applicants are expected to align their proposed activities with AFFH requirements. Program offices should confirm that assessment with senior leadership. In the text field below the AFFH section, tell applicants that the rating factors will evaluate whether applications align with AFFH requirements. Rating factors may consider whether the application proposes meaningful actions that will address significant disparities in housing needs and in access to opportunity, replace segregated living patterns with truly integrated and balanced living patterns, transform racially or ethnically concentrated areas of poverty into areas of opportunity, and foster and maintain compliance with civil rights and fair housing laws. Be sure to include the evaluation instructions in the first text field in section V.A. Review Criteria of this NOFO.

1. Standard Application, Assurances, Certifications and Disclosures

Standard Form 424 (SF-424) Application for Federal Assistance

The SF-424 is the government-wide form required to apply for Federal assistance programs, discretionary Federal grants, and other forms of financial assistance programs. You must complete and submit the form with the other required forms and information as directed in this NOFO.

By signing the forms in the SF-424 either through electronic submission or in paper copy submission (for those granted a waiver), you and the signing authorized organization representative affirm that you both have reviewed the certifications and assurances associated with the application for Federal assistance and (1) are aware the submission of the SF-424 is an assertion that the relevant certifications and assurances are established and (2) acknowledge that the truthfulness of the certifications and assurances are material representations upon which HUD will rely when making an award to the applicant. If it is later determined the signing authorized organization representative to the application made a false certification or assurance, caused the submission of a false certification or assurance, or did not have the authority to make a legally binding commitment for the applicant, the applicant and the individual who signed the application may be subject to administrative, civil, or criminal action. Additionally, HUD may terminate the award to the applicant organization or pursue other available remedies. Each applicant is responsible for including the correct certifications and assurances with its application submission, including those applicable to all applicants, those applicable only to Federally recognized Indian tribes, or Alaskan native villages and those applicable to applicants other than Federally recognized Indian tribes, or Alaskan native villages.

Assurances (HUD 424-B)

By submitting your application, you provide assurances that, if selected to receive an award, you will comply with U.S. statutory and other requirements, including, but not limited to civil rights requirements. All recipients and subrecipients of the award are required to submit assurances of compliance with federal civil rights requirements. See, e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973, Violence Against Women Act, and the Age Discrimination Act of 1975; see also 24 C.F.R. §§ 1.5; 3.115; 8.50; and 146.25. HUD accepts these assurances in the form of the HUD 424-B, which also require compliance with HUD Reform Act requirements and all general federal nondiscrimination requirements in the administration of the federal assistance award.

Applicant Disclosure Report Form 2880 (HUD 2880)

The form HUD 2880 is required if you are applying for assistance within the jurisdiction of HUD to any project subject to Section 102(d) of the HUD Reform Act. Assistance is provided directly by HUD to any person or entity, but not to subrecipients. It includes assistance for the acquisition, rehabilitation, operation, conversion, modernization, renovation, or demolition of any property containing five or more dwelling units that is to be used primarily for residential purposes. It includes assistance to independent group residences, board and care facilities, group homes and transitional housing but does not include primarily nonresidential facilities such as intermediate care facilities, nursing homes and hospitals. It also includes any change requested by a recipient in the amount of assistance previously provided, except changes resulting from annual adjustments in Section 8 rents under Section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f). See HUD Reform Act regulation for additional information.

Code of Conduct

Both you, as the award recipient, and all subrecipients must have a code of conduct (or written standards of conduct). The code of conduct must comply with the requirements included in the “Conducting Business in Accordance with Ethical Standards” section of the Administrative, National and Department Policy Requirements and Terms for HUD Financial Assistance Awards, as well as any program-specific requirements. These requirements include ethical standards related to conflicts of interest for procurements in 2 CFR 200.318(c) and 2 CFR 200.317, as well as HUD-specific conflict of interest standards. HUD maintains a list of organizations that have previously submitted written standards of conduct on its Code of Conduct for HUD Grant Programs webpage. But it is your responsibility to ensure that the standards are compliant with the noted requirements and that HUD has the latest version of the written standards. Updated written standards should be submitted with the application. Any updates to your written standards, after the application period, should be submitted as directed by the HUD program contact for this NOFO.

Affirmatively Furthering Fair Housing

With some exceptions for Federally recognized Indian tribes and their instrumentalities, the application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations, and how applicants will meet the requirements of the definition of AFFH at 24 CFR 5.151. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH certification.

If the applicant will carry out proposed activities in a jurisdiction with an AFH, the proposed activities should be consistent with the AFH’s fair housing goals and with fair housing strategies specified in the jurisdiction’s Consolidated Plan or Public Housing Agency Plan.

2. Other Program-Specific Requirements

V. APPLICATION REVIEW INFORMATION

This section must address the criteria that HUD will use to evaluate applications. This includes the merit and other review criteria that evaluators will use to judge applications, including any statutory, regulatory, or other preferences that will be applied in the review process. These criteria are distinct from eligibility criteria that are addressed before an application is accepted for review and any program policy or other factors that are applied during the selection process, after the review process is completed. The intent is to make the application process transparent, so applicants can make informed decisions when preparing their applications to maximize fairness of the process. The announcement must clearly describe all criteria, including any sub- criteria. If criteria vary in importance, the announcement should specify the relative percentages, weights, or other means used to distinguish among them. For statutory, regulatory, or other preferences, the announcement should provide a detailed explanation of those preferences with an explicit indication of their effect (e.g., whether they result in additional points being assigned).

If an applicant's proposed cost sharing or leveraging will be considered in the review process (as opposed to being an eligibility criterion described in Section III.B), the announcement must specifically address how it will be considered (e.g., to assign a certain number of additional points to applicants who offer cost sharing or leveraging, or to break ties among applications with equivalent scores after evaluation against all other factors). If cost sharing or leveraging will not be considered in the evaluation, the announcement must say so, so that there is no ambiguity for potential applicants. Vague statements that cost sharing and leveraging is encouraged, without clarification as to what that means, are unhelpful to applicants. It also is important that the announcement define leveraging and be clear about any restrictions on the types of cost (e.g., in-kind contributions) that are acceptable as cost sharing. Cost sharing or leveraging may be a certain percentage or amount or may be in the form of contributions of specified items or activities (e.g., provision of equipment) in accordance with 2 CFR part 200 for certain NOFOs.

Section 3: If your program is subject to Section 3 regulations at 24 CFR part 75, where not otherwise precluded by statute, you may include evaluation criteria and rating points related to Section 3. HUD anticipates that program offices/areas will include scoring for Section 3 plans where relevant and exclude Section 3 scoring where the nature of the grant being awarded is incompatible with Section 3 endeavors. If points are included in the rating factors for Section 3 plans, the applicable program office/area will be responsible for determining how the “quality of Section 3 plans” will be evaluated.

Preference Points: HUD encourages activities in support of the interdepartmental initiatives. HUD may award no more than four total preferences points for a combination of any of the five (5) preferences: Climate Change, Environmental Justice, Promise Zones (PZ), Historically Black Colleges and Universities (HBCU), or Minority-Serving Institutions. See specific instructions below.

A. Review Criteria

1. Rating Factors

1. Rating Factors.
Scope of Review. HUD will review applications in accordance with the requirements of this NOFO and the Housing Counseling Program. HUD may rely on performance monitoring and audit reports, financial status information, and other information available to HUD to make score determinations. The maximum points for each factor are outlined below. Applicants that manage networks of counseling agencies should not submit a separate response for each proposed Subgrantee and Branch. Rather, such applicants will be directed to use the Chart A2 Supplement (Excel).
Unless otherwise specified, the term “Chart A” refers to Chart A1 for LHCA Applicants and to Chart A2 for Intermediary/SHFA/MSO Applicants. The same convention applies to all charts.
 

RATINGS FACTOR

POINTS

CHART

Rating Factor 1. Capacity of the Applicant

 

 

Sub-factor A

HECM Average Hours

2

N/A

Sub-factor B

Training and Industry Standards

7

Chart A

Sub-factor C

Client Satisfaction and Progress

4

Chart A

Rating Factor 2. Need / NOFO Priorities

 


Sub-factor A

Rural Communities

2

N/A

Sub-factor B

Vulnerable Populations: Fair Housing and Racial Equity

2

Chart C

Sub-factor C

Vulnerable Populations: Staff Training

2

Chart C

Sub-factor D

Vulnerable Populations: Disabilities

2

Chart C

Sub-factor E

Vulnerable Populations: Limited English Proficiency

2

Chart C

Sub-Factor F

Vulnerable Populations: Mobility Counseling

2

Chart C

Sub-factor G

Vulnerable Populations: Lead Paint

1

Chart C

Sub-factor H

Emergency Preparedness

2

Chart C

Rating Factor 3. Soundness of Approach

 


Sub-factor A

Clients Served

14

N/A

Sub-factor B

Cost per Client

6

Chart E

Sub-factor C

Counseling Expense Ratio

3

Chart E

Sub-factor D

Grant to Total Program Expenses Ratio

5

Chart E

Sub-factor E

Allocation to Subgrantees

2

Chart A

Sub-factor F

Counseling and Education Services

4

N/A

Sub-factor G

Modes of Providing Services

8

Chart A

Sub-factor H

Oversight Activities

6

Chart D

Rating Factor 4. Leveraging Resources

 


Sub-factor A

Itemized Leveraging

4

Chart B

Rating Factor 5. Achieving Results and Program Evaluation

 


Sub-factor A

Performance and HCS Reporting

8

N/A

Sub-factor B

Grant Expenditure History

4

N/A

Sub-factor C

Counseling Outcomes

8

N/A

Preference Points (maximum of 2 points total)

 


Option 1

Promise Zones

2

Chart A

Option 2

MSI

2

Chart A

 

Rating Factors. The maximum points available are outlined below. The total available is 102 points. HUD reminds applicants that responses are subject to verification.
 

Rating Factor 1: Capacity of the Applicant

Maximum Points: 13

 

 

(a) Duration of HECM Counseling Session (2 points). Agencies with HECM Roster counselors will be assessed on the average duration of a counseling session. HUD will use its own records to score this factor.

(b) Counselor Training and Industry Standards (7 points). Using Chart A, indicate by entering an “x” in the appropriate field if:

- Agencies have counselors  on staff that have received formal housing counseling training in the past two years, not including on-the-job training (Field I)
- Agencies have counselors on staff who have passed the HUD Housing Counseling Certification Exam (Field J)
- Agencies adopted the National Industry Standards for Homeownership Education and Counseling (http://homeownershipstandards.com) prior to the NOFO application submission date (Field K)

Intermediaries, SHFAs, and MSOs must specify this information for each Branch or Subgrantee on the Supplemental Chart A2 Attachment (Excel), and then transfer the totals onto Chart A2.

In addition, Applicants that manage networks of counseling agencies and also provide housing counseling services at their main office must include this office in the list of Subgrantees and Branches. The main office will be treated as a Branch for scoring and funding formula purposes. When completing Chart A2, Applicants must only list offices that provide housing counseling services to a minimum of thirty clients per fiscal year. (This requirement does not apply to agencies that offer only reverse mortgage counseling.)

(c) Client Satisfaction and Progress (4 points). Scoring of this sub-factor will reward Applicants that measure customer satisfaction and progress. On Chart A, indicate if the Agency:

- Issued client exit surveys at the end of counseling or education sessions (Field L)
- Issued follow-up client surveys after the counseling was completed (Field M)
- Pulled credit reports as part of housing counseling follow-up prior to the termination of counseling (Field N)

Intermediaries, SHFAs, and MSOs must specify this information for each Branch/Subgrantee on the Chart A2 Supplement (Excel), and then transfer the totals onto Chart A2.
 


Rating Factor 2: Need / NOFO Priorities

Maximum Points: 15

 

 

(a) Rural Communities (2 points). HUD will use agency-reported data to determine the extent that an Applicant (and, if applicable, its network) serves rural clientele, as defined by the U.S. Department of Agriculture at 7 CFR § 3550.10.

(b) Affirmatively Furthering Fair Housing (2 points). Applicants must affirmatively further fair housing in their use of grant funds, per Section 808(e)(5) of the Fair Housing Act. Each recipient, consistent with HUD's AFFH regulations at 24 CFR §§ 5.151 and 5.152, is required to submit a certification that it will affirmatively further fair housing. Applicants must provide a brief description of any meaningful action the Applicant will take that is consistent with the obligation to AFFH (Chart C, Field A, 1).

In accordance with Executive Order 13985, Applicants must provide a description of any meaningful action they will take that is consistent with the obligation to advance racial equity (Chart C, Field A, 2). See Section III.F., Advancing Racial Equity, for more information, including information to provide in Chart C, Field A, 2. 

Applicants must provide a description of any meaningful action that is consistent with the obligation to affirmatively market the housing counseling activities provided by this grant (Chart C, Field A, 3). See Section III.F., Affirmative Marketing, for more information. 

(c) Staff Training (2 points). Applicants must describe how they will train their staff on fair housing issues, including promoting housing that is affordable, safe, decent, free of unlawful discrimination, and accessible as required under fair housing and civil rights laws (Chart C, Field B).

(d) Persons with Disabilities (2 points). All applicants must make their programs and activities readily accessible to and usable by persons with disabilities, take appropriate steps to ensure effective communication with persons with disabilities and provide reasonable accommodations. To receive points under this subfactor, applicants must describe in detail the steps they have taken or will take to comply with these requirements, or to provide access that exceeds these requirements, such as offering home visits, making materials (including digital materials) available in accessible formats, providing qualified ASL interpreters, or offering services and materials that focus on housing that is accessible and near service providers (Chart C, Field C).

(e) Persons with Limited English Proficiency (2 points). All applicants must take reasonable steps to ensure persons with limited English proficiency have meaningful access to the program and activities. To receive points under this subfactor, applicants must describe in detail the steps they have taken, or will take to comply with this requirement, or to provide access that exceeds this requirement, such as employing staff fluent in non-English languages, making services and materials available in non-English languages, and conducting outreach to limited English proficient populations (Chart C, Field D).

(f) Mobility Counseling (2 points). Applicants must describe how they will provide mobility counseling (Chart C, Field E).

(g) Lead-Based Paint (1 point). Applicants must describe how they will inform clients about the hazards of lead-based paint in homes (Chart C, Field F).

(h) Emergency Preparedness (2 points). Applicants must describe their emergency preparedness and/or disaster recovery activities (Chart C, Fields G and H).
 


Rating Factor 3: Soundness of Approach / Scope of Housing Counseling Services

Maximum Points: 48

 

 

(a) Clients Served (14 points). HUD will evaluate the total number of clients served by the Applicant as reported in its HUD-9902 for Fiscal Year 2021. Applicants who were approved after September 30, 2021, and therefore were not required to submit a form HUD-9902 covering this period must prepare and submit a Form HUD-9902 as part of the application (See Section IV.B Content and Form of Application Submission for more details). Such agencies must ensure that their HUD-9902 data reflects the entire fiscal year, and not just that portion for which the agency was HUD-approved.

(b) Cost Per Client (6 points). HUD will evaluate the Applicant’s Housing Counseling Program actual expenses for the period October 1, 2020, through September 30, 2021, which includes salaries and fringe of housing counselors and staff who provide counseling or group sessions, other direct costs, and indirect costs. Applicants must document their total housing counseling program expenses in Chart E. MSOs, SHFAs, and Intermediaries must include total expenses for their entire proposed network. Agencies that became HUD-approved during the past year should ensure their expenses reflect the entire fiscal year 2021, and not just that portion for which the agency was HUD-approved.

(c) Counseling and Education Expense Ratio (3 points). HUD will calculate the ratio of counseling and education costs to total program expenses (Chart E).

(d) Ratio of HUD Grant to Total Program Expenses (5 points). HUD will calculate the ratio of an Applicant’s previous HUD grant to its total Housing Counseling Program expenses (Chart E). Applicants without a previous HUD grant will be awarded full points.

(e) Allocation to Subgrantees (2 points). Intermediaries, SHFAs, and MSOs must indicate the percentage of the proposed award the Applicant intends to allocate to itself (Chart A2, Field P1) and to each Subgrantee and Branch (Chart A2, Field P2). Points are awarded to Applicants who sub-allocate a larger percentage of their award.

(f) Services Provided (4 points). HUD will consider the types of housing counseling and education services offered. HUD will use its own records to score this factor.

(g) Methods of Service Delivery Provided (8 points). HUD permits housing counseling agencies to provide various modes of counseling and education that reach a broader range of clients who would not otherwise receive housing counseling services. Applicants must indicate their methods of service provision in (Chart A, Fields S-V).

(h) Oversight Activities (6 points). Applicants must indicate their oversight and quality control activities (Chart D). Items selected in these charts must be included in an agency's quality control plan and may be verified by HUD staff prior to approving grant activity reports and drawdown requests, as well as during performance reviews.

Intermediaries, MSOs, and SHFAs should note that the number of subgrantees/branches they can enter in Chart D2, Question 2, a-c, is not limited to five. 
 


Rating Factor 4: Leveraging Resources

Maximum Points: 4

 

 

HUD’s CHC grants should not be the sole source of funds for a Housing Counseling Program. Grantees are expected to seek other sources of funding, both private and public, to supplement HUD grant funding. This rating factor will assess an Applicant’s financial capacity per 24 CFR § 214.303(i) and is not tied to a voluntary or required cost-share assessment.  HUD will calculate the ratio of an Applicant’s anticipated HUD grant to its total qualified leveraged funding.
Applicants are evaluated based on the extent to which they have obtained non-Federal resources including direct financial assistance (grants), fees, program income, and in-kind contributions for the period of performance. Only include funds allocated for the CHC Program. Leveraging resources cannot consist of Federal funds, directly or indirectly. Federal funds that are passed through state and local governments are ineligible.
Evidence that leveraged funds were actually provided may be reviewed by HUD staff as a part of the performance reviews.
Applicants must list their leveraged resources in Chart B: Leveraged Resources (Excel) and complete all fields for each resource.
- In Field A, enter the name of the Applicant, Subgrantee, or Branch (not applicable to LHCAs).
- In Field B, enter the name of the organization providing the resources, including the point of contact who can verify that these resources are dedicated.
- In Field C, enter the type of contribution.
- In Field D, enter the use of the leveraged funds. For in-kind contributions, describe the goods or services contributed. 
- In Field E, enter the amount of funds from this resource.
Include only funds that will be available during the period of performance. If Applicant’s funding is available outside of the grant period, the Applicant must pro-rate the funding to reflect the amount that is available during the grant period. For example, if funds are only available for three months, then only include 25% of the total amount. Funds available for multiple years must also be pro-rated (e.g., $100,000 leverage available January 1, 2021, through December 31, 2022, only $12,500 should be entered on Chart B for the 3 months of October 1, 2022, through September 30, 2023).
While agencies are strongly encouraged to leverage funds from other private and public sources, they are permitted to charge fees to counseling recipients (See 24 CFR Part 214 for more information). Agencies are not permitted to charge fees for default counseling or homeless counseling. To receive credit for the fee income, it must be identified as program income in field 18.f, Program Income, of the SF-424 as well as in Chart B: Leveraged Resources (Excel). Program income will be treated using the addition method (2 CFR 200.307(e)(2)).
 


Rating Factor 5: Achieving Results

Maximum Points: 20

 

 

(a) Performance and HCS Reporting (8 points).

  • HUD will evaluate Applicant compliance with programmatic requirements and oversight results. HUD will use its own records to score this factor. 

  • Applicants will be assessed on timely validation of their agency profile in HCS, timely submission of form HUD-9902 reports, and use of their CMS to submit form HUD-9902 reports. HUD will use its own records to score this factor.

(b) Grant Expenditure History (4 points). HUD will evaluate the Applicant's use of previously awarded grant funds. Significant delays in grant execution and expenditure, including the need to recapture funding, will be taken into consideration. HUD will use its own records to score this factor. Applicants without a previous HUD grant will be awarded full points.

(c) Counseling Outcomes (8 points). HUD will evaluate the positive impacts that an Applicant’s housing counseling services had on clients. HUD will use its own records to score this factor.
 


2. Other Factors

Preference Points

Select the appropriate preference points that apply to this NOFO. Review template language for each selected preference point. If the template language is not applicable to this NOFO or you need to expand on the template language, using the associated text field. Consider whether there are any eligible activities or proposals connected to the eligible activities that would result in points being awarded.

Each preference is worth up to two (2) points, and NOFOs should not provide more than four (4) preference points per application. For example, points may be awarded for Climate Change and Environmental Justice, or for Promise Zones and HBCUs. Further, programs may award HBCU or MSI points, but not both.

This NOFO supports the following policy initiatives. If your application demonstrates the appropriate information for the policy initiative, your application will receive up to two (2) points for each initiative, and will receive no more than a total of four (4) points. These points are added to your application's overall score.

Select the checkbox for the applicable preference points.

Promise Zones (PZ) (2 points)

Minority-Serving Institutions (2 points)

You may choose to voluntarily commit to address policy initiatives in your application. Addressing these policy initiatives is not a requirement to apply for or receive an award. If you choose to address a voluntary policy initiative in your application, however, you will be required to adhere to the information submitted with your application should you receive an award. The proposed information will be included as a binding requirement of any federal award you receive as a term and condition of that award.

Pursuant to Executive Order 14041, preference points in discretionary funding competitions may be offered to Historically Black Colleges and Universities (HBCUs) and to applicants working in partnership with HBCUs. The maximum number of HBCU Preference Points is two (2) per application. If you are exclusively offering preference points to HBCUs, use this HBCU checkbox. However, if your preference points are more broadly available to all minority-serving institutions, use the MSI checkbox below. Select one or the other, but not both.

Minority-Serving Institutions

Pursuant to Executive Orders 14045, preference points in discretionary funding competitions may be offered to MSIs and to applicants working in partnership with MSIs. The maximum number of Preference Points for MSIs is two (2) per application. If you are exclusively offering preference points to HBCUs, use the HBCU checkbox above. However, if your preference points are more broadly available to all minority-serving institutions, use this MSI checkbox. Select one or the other, but not both.
 

Pursuant to Executive Orders 13985, 14041, 14045, and 14031, you may receive up to two (2) preference points if you are an applicant designated as a minority-serving institution (MSI) or if your application proposes one or more partnerships with minority-serving educational institutions that have been historically underserved.

An applicant designated by the U.S. Department of Education as an MSI will receive up to two (2) preference points when the application includes documentation of the applicant’s status as an HBCU, Hispanic-serving institution, Tribal-controlled postsecondary institution, Alaska Native-serving or Native-Hawaiian-serving institution, Predominantly Black Institution, Asian and Native American Pacific Islander-serving institution or Native American-serving nontribal institution.

An applicant partnering with an HBCU, Hispanic-Serving Institution, Tribal-controlled postsecondary institution, Alaskan Native-serving or Native-Hawaiian-serving institution, Predominantly Black Institution, Asian and Pacific Islander-serving institution, or Native American-serving nontribal institution will receive up to two (2) Preference Points when the application includes a Letter of Commitment certifying that a partnership is in place and signed by an authorizing official of the MSI and documentation of the college or university's status as an HBCU, Hispanic-serving institution, Tribal-controlled postsecondary institution, Alaska Native-serving or Native-Hawaiian-serving institution, Predominantly Black Institution, Asian and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution.

The Applicant should indicate if they are requesting MSI preference points (Chart A, Field O3, Historically Black Colleges and Universities). 

Promise Zones

The Appropriations Law Staff advised individual program offices and GMO that section 228 (below) of the Consolidated Appropriations Act, 2022 (Public Law 117-103), requires HUD to continue in 2022 (or in any subsequent fiscal year where a similar provision appears in an appropriations Act) to offer Promise Zone preference points in NOFOs where they were offered in the past and should offer the same number of points as in the past. In addition, for any new NOFOs that are place- based in nature and for which Promise Zone designees are eligible applicants, this section requires Promise Zone points to be offered.

SEC. 228.

The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements.

We read the intent of section 228 to apply to all Promise Zone designees regardless of whether HUD or USDA is the lead federal agency and recommend HUD implement the above guidance for all competitions accordingly.

HUD encourages activities in Promise Zones (PZ). To receive Promise Zones Preference Points, applicants must submit form HUD-50153, “Certification of Consistency with Promise Zone Goals and Implementation,” signed by the Promise Zone Official authorized to certify the project meets the criteria to receive preference points. To view the list of designated Promise Zones and persons authorized to certify, see the Promise Zone pages on HUD’s website.

The Applicant should indicate if they are requesting Promise Zone preference points (Chart A, Field O2). 

B. Review and Selection Process

1. Past Performance

Each NOFO must specify how past performance will be rated or otherwise used in the determination of award amounts. You may want to consider your program’s plan to mitigate risk and advice from OGC and/or OIG. In the text field, indicate any specific data and how the data will be used to evaluate applications.

In evaluating applications for funding, HUD will consider an applicant’s past performance in managing funds. Items HUD will consider include, but are not limited to:

OMB-designated repositories of governmentwide data, as noted in 2 CFR 200.206(a)

The ability to account for funds in compliance with applicable reporting and recordkeeping requirements

Timely use of funds received from HUD

Timely submission and quality of reports submitted to HUD

Meeting program requirements

Meeting performance targets as established in the grant agreement

The applicant's organizational capacity, including staffing structures and capabilities

Timely completion of activities and receipt and expenditure of promised matching or leveraged funds

The number of persons served or targeted for assistance

Promoting self-sufficiency and economic independence

Producing positive outcomes and results

HUD may reduce scores based on the past performance review, as specified under V.A. Review Criteria. Whenever possible, HUD will obtain and review past performance information. If this review results in an adverse finding related to integrity of performance, HUD reserves the right to take any of the remedies provided in the Pre-Selection Review of Performance section of the Eligibility Requirements for Applicants of HUD Financial Assistance Programs.

2. Assessing Applicant Risk

In addition to the performance review described in III. D Pre-Selection Review, and V.B.1. Past Performance, each grant program must have in place a framework for evaluating the risks posed by applicants before they receive Federal awards. The criteria your program uses to evaluate applicant risk must be described in this NOFO. The evaluation may incorporate results of the evaluation of the applicant's eligibility or the quality of its application. If your program determines that a federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award. In the text box below, please describe how you will assess applicant risk.

In evaluating risks posed by applicants, HUD may use a risk-based approach and may consider any items such as the following:

(1) Financial stability;

(2) Quality of management systems and ability to meet the management standards prescribed in this part;

(3) History of performance. The applicant's record in managing Federal awards, if it is a prior recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, failing to make significant progress in a timely manner, failing to meet planned activities in a timely manner, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards;

(4) Reports and findings from audits performed under Subpart F—Audit Requirements of this part or the reports and findings of any other available audits; and

(5) The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities.

In the text field below, enter any additional risk factors you will consider in your review and selection process.

3. Review and Selection Process.

Technical Review. First, a technical sufficiency review will determine whether each application meets the threshold requirements set forth in this NOFO and whether all required forms have been properly submitted. Section IV.D.4 provides the procedures to correct a deficient application.

General Review. The second review will evaluate the responses to each Rating Factor outlined above and other relevant information. Applications will be evaluated competitively and ranked against other Applicants that applied in the same funding category.

Minimum Fundable Score. All applications will be scored on a 102-point scale, including preference points, as outlined in Section V.A of this NOFO. For FY22, HUD anticipates making awards to all Applicants scoring 75 points or greater from this section. To be eligible for any funding under the NOFO, Applicants must meet the minimum fundable score. If available funds are insufficient to provide grants to all Applicants achieving the minimum fundable score, grants will be awarded in rank order until all available funds have been distributed. HUD reserves the right to adjust the minimum fundable score.

Funding Methodology. This methodology awards grantees a base award determined by the size and nature of their counseling networks. The methodology then augments that amount based on performance within HUD’s CHC Program and other relevant criteria.

Applicants may also indicate a maximum grant request (Chart A, Field Q) that will be considered as a cap in establishing the maximum CHC award. Separately, Applicants applying for the HBCUs, Tribal Colleges and Universities, and other MSIs initiative must indicate their desired award amount on Chart F.

Although HUD will determine the total award amount for each Applicant, Grantees themselves will determine the actual funding amounts to be distributed to Subgrantees and/or Branches.

(a) Base Award. The funding methodology provides a Base Award for successful Applicants.
 

  1. LHCAs applying independently are not eligible to manage a network of subgrantees. While LHCAs applying independently may sub-allocate HUD grant funds to their Branch offices, the funding formula will not augment the award for such offices.

  2. For Intermediaries, SHFAs, and MSOs that provide subgrants or fund their own Branches, the award will be calculated based on the size of the Applicant’s funded network. In the Chart A2 Supplement (Excel), Applicants must list and describe their funded network. If the entity is a Branch of the Applicant’s organization, place an “X” in Field D. If the entity is a Subgrantee, place an “X” in Field E. For each member of the Applicant's funded network, there should be one and only one box checked (i.e., either Field D or Field E, not both). If an Intermediary, SHFA, or MSO provides counseling services at their main office, Applicants should list their main office as a Branch.

Subgrantees and Branches that did not provide housing counseling services to a minimum of thirty clients in the previous fiscal year must not be listed. Branches that are part of a Subgrantee’s organization must not be listed. Awards may be adjusted based on an Applicant’s funded network.

(b) Competitive Funding Amount.  Higher scoring submissions may receive incentive funding on top of the base funding.

(c) Funding to Monitor a Network.  HUD may augment the award for oversight and quality control activities. HUD may base a portion of this calculation on an Applicant's plan to review members of its funded network using form HUD-9910 and to share results and follow-up actions with HUD (Chart D2, Field 1). Chart D2 includes a space for Applicants to indicate the number of funded Subgrantees and Branches that they propose to review during the upcoming performance period. The bonus will be capped at the lesser of a) five reviews, or b) 50% or less of the Applicant’s funded network. 

(d) Number of Counselor FTEs. HUD may augment the award based on the number of Housing Counselor Full-Time Equivalents (FTEs) that provide housing counseling services as of September 30, 2021 (Chart A, Field F). Applicants that provide counseling services at their main office may count the number of housing counselor FTEs at the main office in addition to the offices of Subgrantees and/or Branches.

(e) Funding of Reverse Mortgage Counseling. HUD may augment the award based on the number of HECM Roster Counselors that provide housing counseling services as of September 30, 2021 (Chart A, Field G).

(f) Funding of Default Counseling for Reverse Mortgages. HUD may augment the award based on an Applicant’s commitment to providing HECM default counseling. Applicants are asked to indicate how many of their counselors will provide default counseling for reverse mortgage borrowers from October 1, 2022, to September 30, 2023 (Chart A, Field H). The bonus will be capped at five such counselors per Agency, Branch, and Subgrantee. As a reminder, default counseling for reverse mortgages can be provided by non-HUD HECM Roster Counselors.
By the end of the period of performance, such counselors should have:

  1. Attended at least eight hours of training in reverse mortgages in the three years prior to the end of the grant period; and

  2. Provided services to a minimum of ten HECM default counseling clients during the grant period.

Grantees must provide documentation supporting these activities in grant activity reports.

Funds Recapture. HUD may decrease the award amount if changes to the network size, number of housing counselor FTEs, or services provided would result in a lower amount than was awarded and reserves the right to recapture all or part of the resulting grant. Additionally, HUD may recapture funds unspent in the time allotted.

Mergers, Acquisitions, and Other Changes in Organizational Structure. Anticipated mergers, acquisitions, or other changes in Grantee(s) legal or organizational structure must be reported to Grantee’s Point of Contact in HUD’s Office of Housing Counseling within 15 days of implementation of such changes. However, HUD encourages grantees to report such changes as early as possible to ensure that the organization remains eligible for grant funds. In the case of a simple name change, HUD may make the award in the name of the newly named entity. In the case of a merger, the new or merged entity may be eligible to receive grant funding made to the original Grantee(s), provided they meet certain conditions, including but not necessarily limited to:

  1. The new or merged entity receives HUD approval as a housing counseling agency and demonstrates in its application that it meets all eligibility requirements for a HUD-approved housing counseling agency in Section 106, 24 CFR part 214, and HUD Handbook 7610.1, including oversight and reporting, housing counseling experience and staffing;

  2. The newly named entity has a UEI, has registered in SAM and has passed the IRS check conducted as part of the SAM registration process;

  3. The Name Check review process has been conducted for the proposed new awardee;

  4. An amendment to the award agreement assigning the award to the new entity is completed; and

  5. A new LOCCS access form has been filed with the HUD Accounting Office.


4. Historically Black Colleges and Universities, Tribal Colleges and Universities, and other Minority Serving Institutions.

Purpose. The purpose of this initiative is to expand opportunities for wealth building and financial stability in underserved minority communities, by increasing access to safe affordable housing, financial education, and homeownership. Historically Black Colleges and Universities (HBCU), Tribal Colleges and Universities, and other Minority Serving Institutions (MSI) have strong relationships with stakeholder communities and have a vested interest in improving socio-economic outcomes for minorities. Specifically, this initiative is designed to expand these institutions’ roles and effectiveness in addressing the needs of their local communities, expand partnerships with housing counseling agencies, and provide housing counseling services. HUD seeks to leverage expert experience and social position of MSIs within minority communities to help remove any barriers to housing services and increase financial education for this targeted population.

Eligible Applicants. Applicants requesting funds dedicated for HBCUs and other MSIs (and partnerships therewith) must submit proof of the college or university’s status as an HBCU or MSI. Additionally, Applicants that are partnering with an HBCU or MSI must submit a letter certifying that an HBCU or other MSI partnership is in place or that there is an intent to enter a partnership.  The letter must be signed by the Applicant and an authorizing official of the HBCU or other MSI and the Applicant must provide documentation of the partnering college or university's status as an HBCU or other MSI. 

When executing the grant, you must submit a Memorandum of Understanding (MOU) or similar agreement signed by all partners to signify their formal commitment. The MOU should at least clearly specify the partnership’s purpose and activities; each organization’s role and responsibilities for funding, participation, management and organizational structure, and compliance; and integrating data sharing or reporting capabilities.

Eligible Activities. The eligible activities are outlined in Section IV.F, Funding Restrictions.

Maximum Award Amounts. Eligible Applicants must indicate a maximum grant request that will be considered as a cap in establishing the maximum award. An eligible Applicant can request up to $250,000 as an HBCU or other MSI, or for its partnership and/or its subgrantee partnership with an HBCU or other MSI. The Applicant may also request up to $150,000 for each additional partnership and/or its subgrantee partnership with an HBCU or other MSI. HUD will use the NOFO score; narrative response on the Form HUD-9906, Chart F; and other factors to rate and rank applications. Depending on factors such as the number of eligible Applicants and other factors, HUD reserves the right to fund less than the amount requested in the application.

Review and Selection Process.  Eligible Applicants interested in this funding must complete the following information on Form HUD-9906, Chart F.

  1. Number of Clients Served. How many housing counseling clients the Applicant or the Applicant’s network of HBCUs or other MSIs partners plan to serve with the funding.

  2. Award Amount (Budget). Provide the total amount of funds requested for these purposes, and if applicable, indicate the amount allocated to each partnership.

  3. Statement of Work. Applicants must describe the following.

  1. All proposed eligible activities and major tasks required to successfully implement the proposed initiative.

  2. The extent to which there is a need to fund the proposed initiative and the importance of meeting the need(s).

  3. The relevant experience and capacity of the Applicant, its staff, and HBCU or other MSI partners in implementing the proposed eligible activities.

  4. How the Applicant will measure the outcomes on the target population by the end of the grant performance period. 

  5. How the Applicant proposes to integrate the institution’s students and faculty into proposed eligible activities.

  6. How the community (e.g., businesses, residents, and others) will be involved in the implementation of the program and how the institution will expand its role in the target community.

  7. The other resources (not including HUD’s CHC Grant) that support or fund the Applicant’s existing housing counseling related partnerships with HBCUs or other MSIs. Include the dollar amounts of support provided, if applicable.

3. Experience Promoting Racial Equity

FHEO and OSec are available to consult regarding additional information on how applications are evaluated based on Experience Promoting Racial Equity requirements. Program offices should confirm that assessment with senior leadership.
 

In evaluating applications for funding, HUD will consider the extent to which the application demonstrates that the applicant has the experience and the resources to effectively address the needs of underserved communities, particularly Black and Brown communities. This may include experience successfully working directly with such groups, experience designing or operating programs that equitably benefit such groups, or experience successfully advancing racial equity in other ways. This may also include experience soliciting, obtaining, and applying input from such groups when designing, planning, or implementing programs and activities.

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

Following the evaluation process, HUD will notify successful applicants of their selection for funding. HUD will also notify other applicants, whose applications were received by the deadline but were not chosen for award. Notifications will be sent by email to the person listed as the AOR in item 21 of the SF-424. 
 

1. Final Grant
After HUD has made selections, HUD will finalize specific terms of the award and budget in consultation with the selected applicant. If HUD and the selected applicant do not finalize the terms and conditions of the award in a timely manner, or the selected applicant fails to provide requested information, an award will not be made to that applicant. In this case, HUD may select another eligible applicant. HUD may also impose specific conditions on an award as provided under 2 CFR 200.208.
 

2.   Adjustments to Funding
To ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met, HUD reserves the right to fund less than the amount requested in an application.
 

a. HUD may fund no portion of an application that:

(1) Is ineligible for funding under applicable statutory or regulatory requirements;
(2) Fails, in whole or in part, to meet the requirements of this notice;
(3) Duplicates activities funded by other federal awards; or
(4) Duplicates activities funded in a prior year.
 

  1. HUD may adjust the funding for an application to ensure funding diversity, geographic diversity, and alignment with HUD administrative priorities.

  2. If an applicant turns down an award offer, or if HUD and an applicant do not finalize the terms and conditions of the award in a timely manner, HUD may withdraw the award offer and make an offer of funding to another eligible application.

  3. If funds remain after all selections have been made, remaining funds may be made available within the current fiscal year for other competitions within the program area, or be held for future competitions (if allowable in accordance with the applicable appropriation or authorizing statute), or be used as otherwise provided by authorizing statute or appropriation.

  4. If, after announcement of awards made under the current NOFO, additional funds become available either through the current appropriations, a supplemental appropriation, other appropriations or recapture of funds, HUD may, in accordance with the appropriation, use the additional funds to provide additional funding to an applicant awarded less than the requested amount of funds to make the full award, and/or to fund additional applicants that were eligible to receive an award but for which there were no funds available.

3. Funding Errors

If HUD commits an error that when corrected would cause selection of an applicant during the funding round of a Program NOFO, HUD may select that applicant for funding, subject to the availability of funds. If funding is not available to award in the current fiscal year, HUD may make an award to this applicant during the next fiscal year, if funding is available.

 

Be sure to note any program-specific policies related to negotiation, adjustments to funding, and funding errors.

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

All requirements are preselected in the advanced checklist. Deselect the requirements that are not applicable to this NOFO. Only the applicable requirements should be selected. The full text of the requirements is available to the applicant in the document, Administrative, National and Department Policy Requirements and Terms for HUD Financial Assistance Awards, on HUD’s website accessed via the link in the next paragraph.

Unless otherwise specified, the following Administrative, National and Department Policy Requirements and Terms for HUD Financial Assistance Awards apply. Failure to comply with these requirements may impact your ability to receive or retain a financial assistance award from HUD. Read the requirements carefully as the requirements are different among HUD’s programs.

1. Compliance with The Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations at 24 CFR part 100 et seq)
2. Compliance with Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-4 (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1
3. Compliance with the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146
4. Compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8
5. Compliance with the Americans with Disabilities Act, 42 U.S.C. 12101 et seq
6. Compliance with Affirmatively Furthering Fair Housing (AFFH) requirements, including those listed on HUD's Affirmatively Furthering Fair Housing webpage
7. Compliance with Economic Opportunities for Low-and Very Low-income Persons (Section 3) requirements, including those listed at 24 CFR part 75
8. Compliance with Improving Access to Services for Persons with Limited English Proficiency (LEP) requirements, including those listed within Federal Register Notice, FR-4878-N-02 (also see HUD's webpage)
9. Compliance with Accessible Technology requirements, including those listed on in HUD's Policy on Section 508 of the Rehabilitation Act and Accessible Technology
10. Compliance with Equal Access Requirements (see 24 CFR 5.105(a)(2) and 5.106)
11. Compliance with Ensuring the Participation of Small Disadvantaged Business, and Women-Owned Business requirements at 2 CFR 200.321
12. Compliance with Energy Efficient, Sustainable, Accessible, and Free from Discrimination by Design
13. Compliance with Real Estate Acquisition and Relocation requirements (see 49 CFR part 24 and applicable program regulations)
14. Compliance with Participation in HUD-Sponsored Program Evaluation (see Federal Register Notice, FR-6278-N-01)
15. Compliance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (see 2 CFR part 200)
16. Compliance with Drug-Free Workplace requirements (see 2 CFR part 2429, which is HUD's implementation of 41 U.S.C. 701, et seq.)
17. Compliance with the requirements related to safeguarding resident/client files
18. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (2 CFR part 170) (FFATA), as amended
19. Compliance with Eminent Domain
20. Compliance with Accessibility for Persons with Disabilities requirements on HUD's Disability Overview webpage
21. Compliance with Violence Against Women Act at 24 CFR part 5, subpart L and applicable program regulations
22. Compliance with Conducting Business in Accordance with Ethical Standards/Code of Conduct, including 2 CFR 200.317, 2 CFR 200.318(c) and other applicable conflicts of interest requirements
23. Compliance with the Build America, Buy America (BABA) Act procurement requirements and implementing guidance available on HUD's dedicated webpage
24. Compliance with System for Award Management and Universal Identifier Requirements at 2 CFR part 25
25. Compliance with section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC 7104(g)) and implementing regulations at 2 CFR part 175 (Award Term for Trafficking in Persons)
26. Compliance with Award Term and Condition for Recipient Integrity and Performance Matters (see Appendix XII to 2 CFR part 200)
27. Compliance with Suspension and Debarment (see 2 CFR part 2424 and 2 CFR part 180)
28. Compliance with environmental justice requirements under Executive Orders 12898 and 14008, and OMB Memorandum M-21-28, which implements the Justice40 Initiative, section 223 of Executive Order 14008.
29. Compliance with Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participation in HUD Programs (see HUD Secretary Fudge's April 12, 2022 memorandum)
30. Compliance with equity requirements, which include compliance with racial equity and underserved communities and LGBTQ+ requirements under Executive Orders 13985 and 13988
31. Compliance with waste, fraud, and abuse requirements, including whistleblower protections (see HUD's webpage)



Environmental Review

Your NOFO must specify the environmental review requirements for the assisted activities. If any of the assisted activities require completion of an environmental review or assessment, select the first radio button and use the text field to explain compliance with 24 CFR Part 50 and/or 58 procedures. Include references to any applicable program environmental regulations. Also indicate any activities that are exempt or categorically excluded and not subject to the related laws. If none of the assisted activities require completion of an environmental review or assessment, select the second radio button and specify citations to 24 CFR 50.19(b)(1) through (24) and/or 58.34(a)(1) through (11) and/or 58.35(b)(1) through (7), as appropriate, that indicate why assisted activities under the program are excluded.

Prohibition on Surveillance

Compliance with 2 CFR 200.216, Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment is required.

Remedies for Noncompliance

HUD may terminate a Federal award, in whole or in part, for any of the reasons specified in 2 CFR 200.340, Termination.

In the text field below, you must make potential applicants/recipients aware, in a clear and unambiguous manner, of the termination provisions in 200.340, including the applicable termination provisions in your program’s regulations or in each award. You may note the termination provisions here or refer to the hud.gov location of the termination provisions.
 

Lead-Based Paint Requirements

Please select one or more checkboxes.

When providing education or counseling on buying or renting housing that may include pre-1978 housing under your grant you must inform clients of their rights under the Lead Disclosure Rule (24 CFR part 35, subpart A), and, if the focus of the education or counseling is on rental or purchase of HUD-assisted pre-1978 housing, the Lead Safe Housing Rule (subparts B, R, and, as applicable, F - M).

C. Reporting

HUD requires recipients to submit performance and financial reports under OMB guidance and program instructions.
 

1. Recipient Integrity and Performance Matters
You should be aware that if the total Federal share of your federal award includes more than $500,000 over the period of performance, the award will be subject to post award reporting requirements reflected in Appendix XII to 2 CFR part 200, Award Terms and Conditions for Recipient Integrity and Performance Matters.

2. Race, Ethnicity and Other Data Reporting
HUD requires recipients that provide HUD-funded program benefits to individuals or families to report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of HUD programs in order to carry out the Department’s responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987. These authorities prohibit discrimination in housing and in programs receiving financial assistance from the Department and direct the Secretary to administer the Department's programs and activities in a manner affirmatively to further these policies and to collect certain data to assess the extent of compliance with these policies. Each recipient shall keep such records and submit to the Department timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the Department may determine to be necessary to enable it to ascertain whether the recipient has complied or is complying with 24 CFR parts 1 and 121. In general, recipients should have available for the Department data showing the demographics of beneficiaries of federally-assisted programs.

Specify whether the recipients must submit the Race and Ethnic Data Reporting Form HUD- 27061, U.S. Department of Housing OMB Approval No. 2535-0113 or other information in relation to this check box.

3. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) as amended (FFATA)
FFATA requires information on federal awards be made available to the public via a single, searchable website, which is www.USASpending.gov. Accordingly, each award HUD makes under this NOFO will be subject to the requirements provided by the Award Term in Appendix A to 2 CFR part 170, “REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION,” unless the Federal funding for the award (including funding that may be added through amendments) is not expected to equal or exceed $30,000. Requirements under this Award Term include filing subaward information in the Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month following the month in which the recipient awards any sub-grant equal to or greater than $30,000.

4. Program-Specific Reporting Requirements

Include a cross-reference to the reporting requirements in the program rule or describe the program-specific reporting requirements and frequency of reporting into this text box.

Please refer to 2 CFR 200.328 - 200.330 for the financial, performance, and property reporting requirements that apply to all Federal awards, except as provided otherwise by statute, regulation, or exception under 2 CFR 200.102. Program offices should also review 2 CFR 200.344 (or applicable program regulations) and include the reports that will be required during closeout of the award if not addressed in the program regulations. Also, if Section 3 applies, please include the relevant Section 3 reporting requirements (including reporting frequency and benchmarks) or include a cross-reference or link to direct readers to that information.

D. Debriefing

For a period of at least 120 calendar days, beginning 30 calendar days after the public announcement of awards under this NOFO, HUD will provide a debriefing related to their application to requesting applicants. A request for debriefing must be made in writing or by email by the AOR whose signature appears on the SF-424 or by his or her successor in office and be submitted to the POC in Section VII Agency Contact(s) of this NOFO. Information provided during a debriefing may include the final score the applicant received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which funding was approved or denied.

Please insert any additional debriefing specific reporting requirements.

The debriefing period will be no more than 150 days after the announcement of awards.

VII. AGENCY CONTACT(S)

HUD staff will be available to provide clarification on the content of this NOFO.
Questions regarding specific program requirements for this NOFO should be directed to the POC listed below.

Name:

Melissa Noe

Phone:

Email:

[email protected]

Individuals who are deaf or hard of hearing, or who have speech and other communication disabilities may use a relay service to reach the agency contact. To learn more about how to make an accessible telephone call, visit the webpage for the Federal Communications Commission. Note that HUD staff cannot assist applicants in preparing their applications.

VIII. OTHER INFORMATION

1. Compliance of this NOFO with the National Environmental Policy Act (NEPA)

  • Publication of this NOFO is required to comply with the National Environmental Policy Act. Select the appropriate item.

  • If a Finding of No Significant Impact (FONSI) is required for this NOFO, check the first box.

  • If this NOFO is excluded from environmental review under 24 CFR 50.19(c)(5)(i), check the second box and fill in the required information in both text fields. The first text field should include the Part number or number range of the program regulations or the Federal Register citation to program guidelines. The second text box should state the specific number of the environmental provision(s). This environmental provision must also be specifically referenced in Section VI.B. Environmental Requirements, in order for this categorical exclusion to apply.

  • If this NOFO is excluded from environmental review under 24 CFR 50.19(c)(5)(ii), check the third box and fill in the required information in the text field. The text field should include the Part number or number range of the program regulations or the Federal Register citation to program guidelines.

  • If this NOFO is excluded from environmental review under 24 CFR 50.19(c)(1), check the fourth box.

  • If this NOFO is excluded from environmental review under 24 CFR 50.19(c)(3), check the fifth box.

  • If this NOFO requires an Environmental Impact Statement, check the sixth box. If you are unsure which item to select, consult your Program Environmental Clearance Officer.



This NOFO provides funding published at 24 CFR Part 214 or 72 FR 55648, which does not contain environmental review provisions because it concerns activities that are listed in 24 CFR 50.19(b) as categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) ("NEPA"). Accordingly, under 24 CFR 50.19(c)(5)(ii), this NOFO is categorically excluded from environmental review under NEPA. 

2. Web Resources.

3. Program Relevant Web Resources

APPENDIX

Appendix A
Definitions

  1. Affiliate. See definition at 24 CFR 214.3.

  2. Applicant. A HUD-approved housing counseling agency or SHFA, MSO or local government applying for a CHC grant from HUD through this NOFO. The term Applicant includes the agency's branches identified in its application.

  3. Branch.  See definition at 24 CFR 214.3.

  4. Continuity of Operations Plan (COOP).  An organization’s internal efforts to ensure that a viable capability exists to continue essential functions across a wide range of potential emergencies. COOP plans and procedures delineate essential functions, specify succession to office and the emergency delegation of authority, provide for the safekeeping of vital records and databases, identify alternate operating facilities, and provide for interoperable
    communications.

  5. Counseling. See definition at 24 CFR 214.3.

  6. Education. See definition at 24 CFR 214.3.

  7. Full-time equivalent. The number of total hours worked divided by the maximum number of compensable hours in a full-time schedule as defined by law. For example, if the normal schedule for a quarter is defined as 411.25 hours ([35 hours per week * 52 weeks per year 5 weeks regulatory vacation)] / 4), then someone working 100 hours during that a quarter represents 100/411.25 = 0.24 FTE. Two employees working in total 400 hours during that same quarterly period represent 0.97 FTE.

  8. Grantee. A HUD-approved housing counseling agency or SHFA that receives housing counseling funds from HUD through this NOFO. The term Grantee includes the Grantee's branches identified in its application.

  9. Historically Black College and University (HBCU). Any historically black college or university that was established prior to 1964, whose principal mission was, and is, the education of black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation.

  10. Homeownership Counseling. See definition at 24 CFR 5.100.

  11. HUD HECM Roster Counselor. A housing counselor that has met the requirements pertaining to HUD's HECM Counseling Standardization and Roster (24 CFR 206, Subpart E) and appears on the HUD HECM Counselor Roster.

  12. Intermediary. See definition at 24 CFR 214.3.

  13. Local Housing Counseling Agency (LHCA). A housing counseling agency that directly provides housing counseling services. An LHCA may have a main office, and one or more branch offices, in no more than two contiguous states.

  14. Multi-State Organization (MSO). See definition at 24 CFR 214.3.

  15. Participating Agency. See definition at 24 CFR 214.3.

  16. State Housing Finance Agency (SHFA). See definition at 24 CFR 214.3.

  17. Subgrantee. See definition at 24 CFR 214.3.

  18. Reverse Mortgage. See definition at 24 CFR 214.3.



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