FY 2022 Fair Housing Initiative Program - Private Enforcement Initiative

The Fair Housing Initiatives Program (FHIP) funds fair housing organizations and other nonprofits that assist individuals who believe that they have been victims of housing discrimination. FHIP provides funds to eligible organizations through competitive grants under several initiatives to carry out enforcement activities to prevent or eliminate discriminatory housing practices and inform individuals of their rights and responsibilities under the Fair Housing Act. The Initiatives are: the Fair Housing Organization Initiative (FHOI), the Private Enforcement Initiative (PEI), and the Education and Outreach Initiative (EOI). In addition, consistent with HUD appropriations directives, FHEO is publishing a separate NOFO for Tester Coordinator Training under the Education and Outreach Initiative. PEI provides funding to private, non-profit fair housing enforcement organizations that meet statutory requirements to conduct testing, investigate violations and obtain enforcement of the rights granted under the Fair Housing Act or State or local laws that are substantially equivalent to the rights and remedies provided in the Fair Housing Act. This NOFO announces the availability of $15,000,000 through the PEI Multi-Year Funding Component to fund new FY2022 grant awards. The PEI Multi-Year Component provides grants of up to $425,000 per year per grantee for a three-year duration, with future years’ funding subject to appropriations. This NOFO will receive applications for PEI only. Please see the specific FHOI and EOI NOFOs for the additional FHIP funding opportunities.

Changes from Previous NOFO. A. (NOFO Summary) – The FY2022 NOFO template adds a summary of HUD’s five core goals under the Strategic Plan for FY2022-2026. B. This NOFO increases PEI-Multi-year funding from the FY2021 funding maximum of $375,000 to $425,000 for FY2022. The increased funding will be provided to new, and second and third- year grantees. C. Section I.A. Program Definitions. This NOFO adds program definitions for the following: 1.) Appraisal - in accordance with the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE) initiative; Page 5 of 57 2.) Government Technical Representative; and 3.) Government Technical Monitor. D. Section III.A. - Eligible Applicants. This NOFO adds additional eligible activities that will further enhance the ability of fair housing enforcement organizations to investigate sexual orientation and gender identity, especially through the use of testing that can be used as evidence of housing discrimination. Other eligible enforcement activities include investigation of source of income, algorithmic bias and criminal record policies when such discrimination may violate the Fair Housing Act and/or substantially equivalent state or local fair housing laws. Funding these additional activities will also ensure a high standard of relief to victims of discrimination and communities that are harmed by discrimination. This NOFO also includes as an eligible activity by FHIP and FHAP agencies the expansion of fair housing enforcement services in areas not currently served by an enforcement organization or agency. E. Section III.F. Program-Specific Requirements #3. This NOFO section adds discrimination on the basis of sexual orientation and gender identity under Program Specific Requirements. HUD makes this policy in accordance with Executive Order 13988 on Presenting and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, which directed every Federal agency to assess all agency actions taken under Federal statute that prohibit Sex Discrimination and to fully enforce those statutes to combat discrimination based on sexual orientation and gender identity. F. Section III.F. - Program Specific requirements #14 (Prior Rating Performance). FHIP reduced the time period that an applicant is ineligible for funding if the applicant received a “poor” on its most recent performance assessment on a prior FHIP grant or grant year. FHIP reduced the eligibility period from 2 years to 1 year to benefit grantees who quickly resolve a poor performance assessment. G. Section III.G. - Criteria for Beneficiaries. This section removes the former criteria, Dunn and Bradstreet Numbering System. New Department language addresses the replacement of Dunn and Bradstreet Numbering System with the New Government Issued Unique Entity Identifier (UEI) created in SAM.gov. (See NOFO Section IV.C). The change provides notification to applicants of the new means of entity identification which became effective April 2022 and is consistent with U.S. General Services Administration guidance at www.gsa.gov/entityid. H. Section III.G. Criteria for Beneficiaries (Training Funds). In addition to HUD sponsored or approved training, this section adds training related to appraisal and algorithmic bias, sexual orientation and gender identity discrimination, and discrimination resulting from criminal records policies and practices as approved uses of training funds. J. Section IV.B. – This section adds new requirements for the submission of the applicant’s Project Abstract. The new requirements result from the Office of Management and Budget (OMB) requirement to improve the quality of award descriptions and standardize the data collection. K. Section V. - Rating Factor Chart. This chart is revised for consistency with the Department’s template update which includes new NOFO Preference points for Environmental Justice. This change increases the total available Preference points from two point to four points and increases the total available NOFO score from 102 to 104. Also, this template change removes Opportunity Zones as a Preference. Page 6 of 57 L. Section V. - Rating Factor 1, Capacity of Applicant and Relevant Organizational Experience (1)(d). This section, under the proposal of complex testing, adds testing for potential discrimination because of sexual orientation, gender identity, algorithmic bias, as a result of residential property appraisals, or source of income testing, if there is a possible Fair Housing Act violation. M. Section V. - Rating Factor 2. (2) Highly Segregated, Rural or Underserved Area Focus. The section “need” is revised as it relates to the expansion of fair housing enforcement services in areas not currently served by an enforcement organization or agency. N. Section V. - Rating Factor 2. (3)(a) Proposed Solution. This NOFO includes a plan to address the expansion of fair housing enforcement services in areas not currently served by a FHIP enforcement organization or agency. O. Section V. - Rating Factor 3 - Soundness of Approach. Removes references to Statement of Work (SOW) COVID-19 limitations since “in-person” testing and other enforcement related activities have fewer COVID-19 restrictions. p. Section V. - Rating Factor 3 (Proposed SOW& Budget). Both sections adjust the number of points that may be reduced if an applicant fails to comply with NOFO criteria for the submission of 3 separate SOW’s and 3 separate budgets (for each of the 3 year PEI grants). Q. Preference Points. The Department has removed Opportunity Zones as an available preference, and added preference points for Environmental Justice. The current preference points include Promise Zones, Historically Black Colleges and Universities (HBCU) and Environmental Justice. The maximum points available under this section has increased from two to four points. HUD may award no more than four total preference points for these preferences. R. Section VI. Program-Specific Reporting Requirements. In compliance with Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, this NOFO requires that all FHIP-funded projects must address housing discrimination based on sexual orientation and gender identity. All grant recipients under this NOFO will be required to review all records of allegations of discrimination (inquiries, complaints, phone logs, etc.) received since January 20, 2020 to determine if any claims of discrimination based on gender identity or sexual orientation may still be timely and jurisdictional. All grant recipients must confirm this review was undertaken and report on findings in the first quarterly report.

Program NOFO

Program Office: Fair Housing and Equal Opportunity

Funding Opportunity Title: Fair Housing Initiatives Program Private Enforcement Initiative

Funding Opportunity Number: FR-6600-N-21C

Estimated opening date: September 12th, 2022

Estimated closing date: December 5th, 2022


Agency Contact:

Stephanie W. Thomas Phone: 202-402-6938  

Email: Stephanie.W.Thomas@hud.gov

Persons with hearing or speech impairments may access this number via TTY by calling the toll[1]free Federal Relay Service at 800-877-8339. Please note that HUD staff cannot assist applicants in preparing their applications.