Violence Against Women Act” (VAWA) final rule Policy ($150.00):

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The HUD Office of Multifamily Housing Programs issued four model forms that owners and managing agents of HUD-assisted private housing must use to comply with the “Violence Against Women Act” (VAWA) final rule published in the Federal Register on November 16 (this was issued in the RHIIP Listserv Posting #373) which explains that these are model forms that owners/agents may customize as long as they contain the same information and language contained in the model forms. GOD forbid HUD give you all of the information you need to comply…they depend on you, the O/A to fill in the blanks when they just give you a “sample” of what to include. VAWA - HUD In late 2016 HUD released a new Final Rule updating VAWA protections for victims of domestic violence, dating violence, stalking and sexual assault. These changes affect internal policies and procedures including the following:

• Move-in (HUD 5380 and HUD 5382 must be provided to new residents)
• Rejection (HUD 5380 and HUD 5382 must be provided to rejected applicants)
• Unit Transfers (VAWA Emergency Transfers)
• Termination of Assistance/Tenancy (HUD 5380 and HUD 5382 must be provided)
• Eligibility of Remaining Household Members (when the eligible member is the alleged perpetrator)

When HUD issued the first HUD Notice which included the “sample” Emergency Transfer Plan HUD it did not say exactly what the Emergency Transfer Plan must include. The 4-Page form HUD-5381 published by HUD in Dec 2016 was rewritten because it did not cover all of the requirements from the VAWA 2013 Final Rule. On the new proposed form HUD-5381, Model Emergency Transfer Plan, HUD has included the following paragraph:

“Note to Covered Housing Providers: 

This model contains only general provisions of an emergency transfer plan that apply across the covered HUD programs. Adoption of this model plan without further information will not be sufficient to meet a covered housing provider's responsibility to adopt an emergency transfer plan. Covered housing providers must consult applicable regulations and program-specific HUD guidance when developing their own emergency transfer plans to ensure their plans contain all required elements.”
This means that using the initially published form HUD-5381 is not enough!

VAWA - HUD

In late 2016 HUD released a new Final Rule updating VAWA protections for victims of domestic violence, dating violence, stalking and sexual assault.  These changes affect internal policies and procedures including the following:

• Tenant Selection Plans (Learn what needs to be included - and what doesn't)
• Preferences (for existing residents and applicants)
• House Rules (Learn what needs to be included - and what doesn't)
• Move-in (HUD 5380 and HUD 5382 must be provided to new residents)
• Rejection (HUD 5380 and HUD 5382 must be provided to rejected applicants)
• Unit Transfers (VAWA Emergency Transfers)
• Termination of Assistance/Tenancy (HUD 5380 and HUD 5382 must be provided)
• Eligibility of Remaining Household Members (when the eligible member is the alleged perpetrator)

The forms are:

	VAWA Appendix A: Notice of Occupancy Rights Under the Violence Against Women Act, form HUD-5380		VAWA Appendix B: Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5381
	VAWA Appendix C: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, form HUD-5382		VAWA Appendix D: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5383

The Notice goes on to explains that VAWA provides protections for tenants of HUD-assisted housing programs and for people applying for housing assistance who are victims of domestic violence, dating violence, sexual assault, or stalking. Applicants for assistance cannot be denied admission or assistance, and existing tenants cannot be denied assistance, be terminated, or be evicted because they are or have been victims. The Notice of Occupancy Rights also makes clear that if a person or an “affiliated individual” (such as a spouse, parent, sibling, etc.) is or has been victimized by a member of the household or a guest, the victim may not be denied rental assistance or occupancy solely on the basis of criminal activity directly related to that domestic violence. A housing provider may divide (bifurcate) a lease in order to evict or terminate the assistance of someone who engaged in criminal activity directly related to domestic violence, while enabling the victim and others in the household to remain.  Why should the victim be victimized again.

The model Emergency Transfer Plan explains that a victim of domestic violence, dating violence, sexual assault, or stalking may request an emergency transfer to another unit. Someone is eligible for an emergency transfer if they reasonably believe that there is a threat of imminent harm from further violence. Also, if a tenant is a victim of sexual assault, the tenant may be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar-day period prior to a request for an emergency transfer.  

So without further ado, The VAWA Notice of Occupancy Rights (HUD-5380) and form (HUD 5382) MUST be provided no later than each of the following times:

For applicants:

• At the time the individual is provided assistance or admission
• At the time the applicant is denied assistance or admission.

For tenants/participants:

• With any notification of eviction or termination of assistance; and
• By December 16, 2017, either during the tenant’s annual recertification or lease renewal process (as applicable).  If there will be no recertification or lease renewal during the first year, through other means within the first year as determined by the O/A.

The VAWA Notice of Occupancy Rights must be made available in multiple languages, consistent with guidance issued by HUD in accordance with Executive Order 13166
(Improving Access to Services for Persons with Limited English Proficiency, signed August 11, 2000, and published in the Federal Register on August 16, 2000 (at 65 FR 50121)
(HUD’s LEP Guidance) (24 CFR 5.2005(a)(3)).

Our VAWA Policy is emailed in Word format for easy editing.

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