Ref: Docket No. FR–5720–F–03
The Final Rule:
The 2013 Reauthorization of VAWA provides stand-alone VAWA protections that apply to an expanded list of HUD housing programs beyond those identified in 2005 (Public Housing and Tenant Based Section 8). VAWA 2013 expands protections for victims of domestic violence, dating violence, sexual assault, and stalking by amending the definition of domestic violence to include violence committed by intimate partners of victims, and by providing that tenants cannot be denied assistance because an affiliated individual of theirs is or was a victim of domestic violence, dating violence, sexual assault, or stalking (collectively VAWA crimes). Notice of Occupancy Rights under VAWA must be provided to Applicants and Tenants at: i) move-in/initial certification; ii) the next Annual Recertification for current tenants; iii) time of rejection for applicants; iv) time of notification of termination of assistance; and v) time of notification termination of tenancy.
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The new law also expands remedies for victims of domestic violence, dating violence, sexual assault, and stalking by requiring covered housing providers to have emergency transfer plans, and providing that if housing providers allow for bifurcation of a lease, then tenants should have a reasonable time to establish eligibility for assistance under a VAWA-covered program or to find new housing when an assisted household has to be divided as a result of the violence or abuse covered by VAWA.
HUD has issued the following forms to assist and guide PHA’s to implement the new rule. These forms may require customization and modification by each PHA.
|HUD Form 5380 – Notice of Occupancy Rights under the Violence Against Women Act||HUD Form 5382 – Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation|
|HUD Form 5381 -Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking||HUD Form 5383 – Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking|
Compliance with the rule with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements, is required no later than June 14, 2017.
- Review your Tenant Selection Plan/ACOP/ Administrative Plan to ensure that VAWA policies are addressed:
- Wait List, Eligibility and Admissions
- Voucher Term and Extensions
- Termination or Denial of Assistance/Tenancy Policy
- Transfer / Moves
- Record Keeping and Confidentiality
- Update Transfer Procedures
- Review Forms and letters to ensure that VAWA notice is provided for any action related to denial; termination; informal hearings; and reviews.
- Begin distributing the VAWA Notice and VAWA Certification Form with each Annual Recertification.
- Begin distributing the VAWA Notice and VAWA Certification Form with each Move-In or Initial Certification
Need More Help? Quadel is available to review and update your PHA Plans & Admissions and Continued Occupancy Policy.
Call us at 866-640-1019 or email at firstname.lastname@example.org