[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