[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Pages 28162-28164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13185]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
[Docket No. N-95-3901; FR-3878-N-02]
NOFA for Fair Housing Initiatives Program; FY 1995 Competitive
Solicitation; Notice of Amendment and Clarification
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice of Funding Availability (NOFA); Notice of amendment and
clarification.
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SUMMARY: On April 11, 1995 (60 FR 18444), HUD published a NOFA
announcing the availability of up to $14,580,530 in Fiscal Year 1995
funding for the Fair Housing Initiatives Program (FHIP). This document
amends the April 11, 1995 NOFA by removing certain FY 95 funding
restrictions and extending the application due date. Additionally, this
notice clarifies several of the NOFA's provisions in order to better
assist potential applicants in the preparation of their applications.
This notice also corrects two typographical errors contained in the
April 11, 1995 NOFA.
ADDRESSES: To obtain a copy of the application kit, please write the
Fair Housing Information Clearinghouse, Circle Solutions, Inc., 8201
Greensboro Drive, Suite 600, McLean VA 22102 or call the toll-free
number 1-800-343-3442 (voice) or 1-800-290-1617 (TDD). Please also
contact this number if information concerning this NOFA is needed in an
accessible format.
FOR FURTHER INFORMATION CONTACT: Sharon Bower, Office of Fair Housing
Initiatives and Voluntary Programs, Room 5234, 451 Seventh Street SW.,
Washington, DC 20410-2000. Telephone number (202) 708-0800. A
telecommunications device (TDD) for hearing and speech impaired persons
is available at (202) 708-0800. (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. NOFA Amendments
A Notice of Funding Availability (NOFA) announcing the Fiscal Year
(FY) 95 availability of $14,580,530 under the Fair Housing Initiatives
Program (FHIP) was published by HUD on April 11, 1995 (60 FR 18444).
FHIP assists projects and activities designed to enforce and enhance
compliance with the Fair Housing Act and substantially equivalent State
and local fair housing laws. The body of the April 11, 1995 NOFA
contains information concerning the purpose of the NOFA, eligibility,
available amounts, how to apply for funding, and how selections will be
made.
The April 11, 1995 NOFA establishes limitations on the number and
types of FY 95 FHIP awards for which an applicant may apply and
receive. Paragraph I.(d)(4) of the April 11, 1995 NOFA limits
applicants to a single award under the FY 95 NOFA. Further, the April
11, 1995 NOFA does not permit recipients of FY 93/94 multi-year awards
to apply for FY 95 multi-year funds under the same initiative as their
FY 93/94 award. Additionally, paragraph I.(c)(4)(ii)(C) of the April
11, 1995 NOFA, concerning the Establishing New Organizations component
of the Fair Housing Organizations Initiative, states that preference
will be given to proposed projects in targeted unserved and underserved
areas.
Because of the growing uncertainty regarding the funding level of
FHIP in future years, the Department has determined to amend the FY
1995 NOFA to remove the above described restrictions. These amendments
are intended to increase the number of organizations that are eligible
to seek funding and the number of awards that a single organization may
receive in the competition for FHIP funds in FY 1995. In order to
assure that newly eligible applicants have sufficient time to prepare
their applications for FY 95 FHIP funding, the Department is also
extending the application deadline by thirty days.
II. NOFA Clarifications
Since the publication of the April 11, 1995 NOFA, several potential
applicants have contacted HUD with questions regarding some of the NOFA
provisions. HUD is publishing this notice, clarifying several
provisions of the April 11, 1995 NOFA, in order to better assist
potential applicants in the preparation of their applications.
a. Use of the Term Nonprofit
Paragraphs I.(c)(2)(i)(D) and I.(c)(4)(i)(A) (2) and (3) of the
April 11, 1995 NOFA include certain nonprofit organizations in the
lists of eligible applicants for the Education and Outreach Initiative
and the Continued Development of Existing Organizations component of
the Fair Housing Organizations Initiative.
As used in paragraphs I.(c)(2)(i)(D) and I.(c)(4)(i)(A) (2) and (3)
of the April 11, 1995 NOFA, the term ``nonprofit'' applies to those
organizations, institutions or groups organized for purposes other than
making a profit or gain for themselves. However, the use of the term
``nonprofit'' does not imply tax-exempt status under section 501(c)(3)
of the Internal Revenue Code. Accordingly, eligible applicants under
paragraphs I.(c)(2)(i)(D) and I.(c)(4)(i)(A) (2) and (3) of the April
11, 1995 NOFA are not required to be tax-exempt. Where an applicant
must be both tax exempt and nonprofit, this is explicitly indicated in
the NOFA, for example, in the definitions of ``fair housing enforcement
organization'' and ``qualified fair housing enforcement organization.''
b. Private Enforcement Initiative Funds Utilized to Promote Awareness
Some potential applicants have expressed concerns that education
and outreach efforts necessary to support enforcement activities would
not be possible without submitting separate applications for
enforcement projects and education and outreach projects. However, the
NOFA does permit such supporting efforts. As provided in paragraph
I.(c)(3)(ii) of the April 11, 1995 NOFA, applicants under the Private
Enforcement (PE) Initiative may utilize 20 percent of requested funds
to promote awareness of the services provided by the project. However,
such promotion must be necessary for the successful implementation of
the project. In addition, this notice removes the single award
provision which prompted this concern.
c. Award Caps on Multi-Year Awards
The April 11, 1995 NOFA establishes caps on multi-year awards under
the [[Page 28163]] Private Enforcement (PE) Initiative and the
Establishing New Organizations Component of the Fair Housing
Organizations (FHO) Initiative. Recipients of multi-year PE Initiative
awards will receive a maximum, total amount of $600,000 for the entire
four-year award period. Similarly, recipients of multi-year awards
under the Establishing New Organizations Component of the FHO
Initiative will receive a maximum, total amount of $500,000 for the
entire three-year award period. Recipients of multi-year awards are not
required to budget funding equally for each year of the award period;
however, the award must sustain grant activities over the entire multi-
year period.
d. Independence of Awards
Paragraph I.(d)(5) of the April 11, 1995 NOFA states that ``each
project or activity proposed in an application must be independent and
capable of being implemented without reliance on the selection of other
applications submitted by the applicant or other applicants.''
Paragraph I.(d)(5) does not preclude an applicant from submitting a
proposal which includes other organizations as subcontractors to the
proposed project or activity.
e. Eligible Activities Under the Education and Outreach Initiative
Paragraph I.(c)(2)(ii) of the April 11, 1995 NOFA states that
``each application for Education and Outreach Initiative funding must
identify if it proposes a national, Fair Housing Month, regional or
local, or community-based program.'' Paragraphs I.(c)(2)(ii) (1)-(16)
set forth a list of eligible activities that may be funded through the
Education and Outreach Initiative. This list is not an exclusive,
complete list of eligible activities, but only serves to demonstrate
examples of eligible activities. However, the scope of the eligible
activity is limited to the level (national, regional or local, or
community-based) at which funding is sought. For example, an applicant
proposing to develop a community-based media campaign would apply under
the community-based component, while an applicant proposing to develop
a national media campaign would apply under the national program
component.
f. Eligible Activities Under the Private Enforcement Initiative
Paragraph I.(c)(3)(ii) of the April 11, 1995 NOFA sets forth
examples of the types of activities that may be funded through the PE
Initiative. These are only examples and none of these activities, nor
any other activities, have been singled out for any form of
preferential consideration.
III. Technical Corrections
The third sentence of paragraph I.(c)(4) of the April 11, 1995
NOFA, Fair Housing Organizations (FHO) Initiative, reads: `` The amount
of $945,482 is made available under this NOFA for the continued
development of new organizations.'' The sentence should read ``for the
continued development of existing organizations. This notice deletes
the word ``new'' and replaces it with the word ``existing.''
On page 18448, in column 1, the two paragraphs immediately
following paragraph I.(c)(4)(ii)(A), Eligible applicants, are
designated as paragraphs I.(c)(4)(ii)(A) (A) and (B), respectively.
These paragraphs should be designated as I.(c)(4)(ii)(A) (1) and (2),
respectively. This notice makes the necessary correction.
Accordingly, FR Doc. 95-3901, the FY 95 NOFA for the Fair Housing
Initiatives Program (FHIP), published in the Federal Register on April
11, 1995 (60 FR 18444) is corrected and amended as follows:
1. On page 18444, in column 1, the second paragraph, DATES, is
amended as follows:
Dates: Applications are due July 20, 1995. Applications will be
accepted if they are received on or before the application due date, or
are received within 7 days after the application due date, but with a
U.S. postmark or receipt from a private commercial delivery service
(such as Federal Express or DHL) that is dated on or before the
application due date.
2. Under the heading of ``I. Purpose and Substantive Description''
beginning on page 18444, the following amendments are made:
a. On page 18445, in columns 1 and 2, the last two sentences of the
second paragraph of paragraph I.(b) are removed;
b. On page 18445, in column 2, the second paragraph of paragraph
I.(b)(3) is removed;
c. On page 18445, in column 3, the third sentence of paragraph
I.(b)(4) is corrected;
d. On page 18445, in column 3, the third paragraph of paragraph
I.(b)(4) is removed;
e. On page 18447, in column 3, the second sentence of paragraph
I.(c)(3)(iii)(B) is removed;
f. On page 18448, in column 1, the designations of paragraphs
I.(c)(4)(ii)(A) (A) and (B), respectively, are corrected;
g. On page 18448, in column 2, paragraph I.(c)(4)(ii)(C) are
amended and a conforming amendment is made on page 18448, in column 1,
paragraph I.(c)(4)(ii)(B);
h. On page 18448, in column 2, the second sentence of paragraph
I.(c)(4)(ii)(D)(1) is removed; and
i. On page 18449, in column 3, paragraph I.(d)(4) is removed and
paragraph I.(d)(5) is redesignated as paragraph I.(d)(4), as follows:
I. Purpose and Substantive Description
* * * * *
(b) * * *
(4) Fair Housing Organizations (FHO) Initiative. The amount of
$7,250,000 in FY 1995 funds is being used for the FHO Initiative. Of
this amount, $1,945,482 is being made available through this NOFA. The
amount of $945,482 is made available under this NOFA for the continued
development of existing organizations. * * *
* * * * *
(c) * * *
(4) * * *
(ii) * * *
(A) * * *
(1) Qualified fair housing enforcement organizations.
(2) Fair housing enforcement organizations with at least 1 year of
experience in complaint intake, complaint investigation, testing for
fair housing violations and enforcement of meritorious claims.
(B) Eligible activities. Eligible for funding under the purpose of
the FHO Initiative are three-year projects that help establish,
organize, and build the capacity of fair housing enforcement
organizations in the targeted areas identified in section
I.(c)(4)(ii)(C)(1) or other underserved area identified by the
applicant in accordance with section I.(c)(4)(ii)(c)(2), below, of this
NOFA. * * *
(C) Target Areas. (1) Areas within States which lack State fair
housing laws which are substantially equivalent to the Fair Housing Act
or private fair housing enforcement agencies:
(i) Alabama;
(ii) Delaware;
(iii) New Hampshire;
(iv) Oregon;
(v) Utah;
(vi) Puerto Rico; and
(vii) Wyoming.
(2) A locality within a State, not listed above which the applicant
identifies. The applicant must submit sufficient evidence to establish
the proposed area as being currently underserved by fair housing
enforcement organizations and as containing large concentrations of
protected classes. An applicant may provide additional evidence of the
need to establish a fair housing organization in a locality by citing
data and studies [[Page 28164]] that indicate the presence of housing
discrimination and/or segregation in the locality. An example of
evidence that may be used for this purpose is provided in (but is not
limited to) the study, American Apartheid: Segregation and the Making
of the Underclass, by Nancy A. Denton and Douglas S. Massey (Harvard
University Press, 1993).
* * * * *
Dated: May 23, 1995.
Elizabeth K. Julian,
Acting Deputy Assistant Secretary for Policy and Initiatives.
[FR Doc. 95-13185 Filed 5-24-95; 4:16 pm]
BILLING CODE 4210-28-P