Fair Housing Assistance Program_State and Local
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To provide assistance to State and local fair housing enforcement agencies to support complaint processing, training, technical assistance, education and outreach, data and information systems and other activities that will further fair housing within the agency's jurisdiction. The intent of the Fair Housing Assistance Program (FHAP) is to build an intergovernmental enforcement effort to further fair housing at the State and local level by providing funding assistance for State and local fair housing enforcement agencies to increase administration of fair housing laws.
Possible uses and use restrictions...
State and local fair housing enforcement agencies in the first three years of participation in the FHAP receive a fixed amount of capacity building funding. Agencies that are in their fourth year and beyond of participation in the FHAP are eligible to receive contributions funding which provides funds for complaint processing, administrative costs, training costs, and special enforcement effort.
Who is eligible to apply...
Application for participation from State and local government agencies is encouraged for jurisdictions with current or new/pending State and local fair housing laws and ordinances. The funding process includes a requirement to obtain HUD certification of the applicant agency's State and local fair housing laws and ordinances as providing substantially equivalent rights and remedies as those provided by the Fair Housing Act. Other eligible applicants include State and local fair housing enforcement agencies administering State and local fair housing laws and ordinances which have been certified by HUD as providing substantially equivalent rights and remedies as those provided by the Fair Housing Act and which have executed formal written Agreements with HUD to process housing discrimination complaints.
Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Any person or group of persons aggrieved by a discriminatory housing practice because of race, color, religion, sex, handicap, familial status or national origin.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
How much financial aid...
Range and Average of Financial Assistance
Contributions for Capacity Building - $115,000; Complaint Processing, Training, Administrative Costs, Partnership funds, and Special Enforcement Efforts - $15,000 to $1,600,000.
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
FY 03 $25,482,000; FY 04 est $27,586,000; and FY 05 est $27,050,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Since the passage of the strengthened Fair Housing Act in 1989, approximately 95 jurisdictions have amended their fair housing laws to make them substantially equivalent to the Act. There are approximately 95 jurisdictions receiving financial assistance under this program. There also has been a substantial increase in receipt and referral of housing discrimination complaints to State and local agencies.
Criteria for selecting proposals...
Funding is contingent upon obtaining and maintaining HUD certification of the applicant agency's State and local fair housing laws and ordinances as providing substantially equivalent rights and remedies as those provided by the Fair Housing Act. Funding for capacity building will be based on a written statement of work within established limitations.
Length and Time Phasing of Assistance
Cooperative agreements are executed for one year, they are non-competitive, and provide funding for complaint processing, administrative costs, special enforcement efforts, training, and capacity building. For detailed program information under each funding component, contact the Fair Housing and Equal Opportunity Hub or Headquarters Office. Fixed price cooperative agreements are anticipated to be awarded with payments to be made in accordance with a schedule of dates set out in the cooperative agreements.
Formula and Matching Requirements
This program has no statutory formula.
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
On-site review and evaluation and regular monitoring of agency complaint handling performance to assure HUD's substantial equivalency standards are met. Payment is in accordance with payment schedules established in the agency's cooperative agreements.
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
In accordance with the provisions of OMB Circular No. A-133, (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. See exemptions and exceptions in Circular No. A-133.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
State and local agencies are required to maintain housing complaint files for a period of one year after closure.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Fair Housing Act, 42 U.S.C. 3600 et seq.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
See 24 CFR Part 115 for regulations on the certification and funding of State and local Fair Housing Enforcement Agencies.