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The core statutory protections of VAWA that prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking, applied upon enactment of VAWA 2013 on March 7, 2013. Compliance with the VAWA regulatory requirements under this section and at 24 CFR part 5, subpart L, is required for grants awarded pursuant to NOFAs published on or after December 16, 2016. If a covered housing provider receives documentation under paragraph of this section that contains conflicting information , the covered housing provider may require an applicant or tenant to submit third-party documentation, as described in paragraphs , , or of this section, within 30 calendar days of the date of the request for the third-party documentation.
A commenter further stated that sections of the notice use the phrase “may not,” such as “you may not be denied admission or denied assistance,” and that changing the language to “must not” sends a stronger message about the degree to which VAWA prohibits such discrimination. In contrast, another commenter said that the certification form is not designed to be comprehensible to applicants and participants, and Microsoft Office 365 Word reports a poor Flesch Readability Ease measure. The commenter also said that the form uses the term “responsible entity” without ever indicating who or what that entity is. A commenter asked that Section 504-modified apartments otherwise reserved for households with a mobility-impaired individual, not be considered “available” to those seeking a transfer under VAWA.
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The shares saying they are following the news very closely is highest among residents in Republican districts (39%), Republicans (30%), whites (29%), and adults with incomes of $40,000 to $79,999 (29%). Older likely voters (27%) are slightly more likely than younger likely voters (21%) to say they are following the news closely. Californians are much more pessimistic about the direction of the country than they are about the direction of the state. Solid majorities of adults (62%) and likely voters (71%) say the United States is going in the wrong direction, and majorities have held this view since September 2021. One in three or fewer adults (33%) and likely voters (25%) think the country is going in the right direction. Majorities across all demographic groups and partisan groups, as well as across regions, are pessimistic about the direction of the United States.
Title VI of VAWA 2013, “Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking,” contains the provisions that are applicable to HUD programs. Specifically, section 601 of VAWA 2013 removes VAWA protections from the 1937 Act and adds a new chapter to Subtitle N of VAWA 1994 (42 U.S.C. 14043e et seq.) entitled “Housing Rights.” As applicable to HUD, this chapter provides additional protections for tenants beyond those provided in VAWA 2005, and expands VAWA protections to other HUD programs. Buyer may be required to pay for any additional features/upgrades and is responsible for all taxes, insurance and other fees.
CFR Part 574
Therefore, the eligibility of remaining tenants in these covered housing programs will have already been established at the time of bifurcation. Regulations should be made available to tenants and applicants who request to see the regulations. Therefore, HUD revised the Notice of Occupancy Rights to provide a link to HUD's VAWA regulations. Because not every tenant or applicant will be able to access these regulations on-line, the revised Notice of Occupancy Rights states that housing providers must make a copy of the regulations available to tenants and applicants who ask to see them. HUD also revised its model emergency transfer plan to remove the reference to an attachment of the regulations.
In contrast to the above comments, other commenters said an eligibility determination can generally be completed in significantly less than 60 days, and suggested that 90 days should be established as the maximum amount of time allowed to establish eligibility. A commenter suggested that once a family is determined to be ineligible for a program, the family should be given 30 days to vacate the unit. Some commenters said the rationale for the combined 90-day time period is unclear. Another commenter asked when the victim would not be able to establish eligibility, and when a reasonable time period to find other housing would be necessary. Form of third-party documentation available may be witness statements or other evidence which, under the proposed regulations, may not be acceptable forms of documentation if left to the discretion of the covered housing provider.
Safety and Security of Tenants
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For the Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L , refers to the owner. For the Section 8 Housing Assistance Payment Program for New Construction, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L , refers to the owner. No individual may be denied admission to or removed from the safe haven on the basis or as a direct result of the fact that the individual is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the individual otherwise qualifies for admission or occupancy. Coordinate with victim service providers and advocates to develop the emergency transfer plan, make referrals, and facilitate emergency transfers to safe and available units. Nothing in this subpart shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.
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HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. VAWA does not limit HP's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program.
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A commenter said that while eligibility approval is pending after a lease bifurcation, HUD's rule should require that any increase in the remaining family's share of rent be effective the first day of the month following a 30-day notice of changes to the rent obligation. The commenter said this time frame is consistent with current rules governing interim rent increases for HUD Multifamily Housing and should be implemented in other Federal housing programs. Another commenter recommended that housing providers be allowed to follow their existing policy for when a head of household or other adult is removed for any other reason when determining interim rent obligations after bifurcation.
Commenters stated that PHAs and project owners are demanding Orders of Protection, Harassment orders, Trespass Orders, or police reports, contrary to HUD's directive to PHAs and project owners that third-party documentation cannot be required. Commenter said some PHAs and project owners require documentation that is “current,” such as a less than 30-day old police report. Additionally, commenters said some PHAs and project owners are requiring multiple forms of proof. Commenter said the regulations must be clear on this section in order to reduce these unlawful and onerous documentation practices, as they were in 2005. Commenters asked how a transfer between properties would be coordinated and sought more guidance from HUD on transfers. Commenters asked how a PHA that administers the HCV program should effect a transfer and whether the PHA will be responsible for finding the victim a new unit.
Majorities across the state’s regions say they are satisfied with their choices of candidates in the upcoming gubernatorial election. Six in ten likely voters say they are following news about the 2022 governor’s race very (25%) or fairly (35%) closely—a share that has risen from half just a month ago (17% very, 33% fairly). This finding is somewhat similar to October 2018, when 68 percent said this (28% very, 40% closely) a month before the previous gubernatorial election. Today, majorities across partisan, demographic, and regional groups say they are following news about the gubernatorial election either very or fairly closely.
Some commenters said that HUD should require documentation before a landlord makes a decision about emergency transfers. Commenters said documentation should be required prior to transfer to ensure the appropriate use of resources and to ensure that tenants qualify, considering that transfers are costly and families must wait while transfers are processed for others. Other commenters said it is unclear what would happen after a transfer if the tenant did not provide sufficient documentation of the need for an emergency transfer. Another commenter expressed its support for requiring a tenant seeking a transfer to provide some form of documentation, provided the documentation is not so complex and burdensome as to deter a pro-se victim from seeking assistance. A commenter stated that, because victims have the option of signing a self-certification form, which can be done in minutes, requiring documentation prior to transfer should not cause any delay in obtaining an emergency transfer. A commenter said that third-party documentation prior to an emergency transfer is necessary unless the situation of violence is observable by a responsible entity.
However, any family member that has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's move or request to move is not required to believe that he or she was threatened with imminent harm from further violence if he or she remained in the dwelling unit. Initial PHA must not provide such portable assistance for a participant if the family has moved out of the assisted unit in violation of the lease except as provided for in this subsection. Reasonable time to establish eligibility for assistance or find alternative housing following bifurcation of a lease— Applicability. The reasonable time to establish eligibility under a covered housing program or find alternative housing is specified in paragraph of this section, or alternatively in the program-specific regulations governing the applicable covered housing program. Some covered housing programs may provide different time frames than are specified in this paragraph , and in such cases, the program-specific regulations govern. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns about individual residents.
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