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The following presents the significant issues raised by the commenters and HUD's response to the comments. This final rule implements in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act , which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. The 2013 reauthorization expands housing protections to HUD programs beyond HUD's public housing program and HUD's tenant-based and project-based Section 8 programs that were covered by the 2005 reauthorization of the Violence Against Women Act . Additionally, the 2013 law provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking.
Coverage also includes projects that receive rental assistance payments authorized under section 236. The Violence Against Women Act requirements set forth in 24 CFR part 5, subpart L, apply to all HOME tenant-based rental assistance and rental housing assisted with HOME funds, as supplemented by this section. A covered housing provider may, at its discretion, extend the 14-business-day deadline under paragraph of this section. In the case of a tenant who is a victim of sexual assault, either the tenant reasonably believes there is a threat of imminent harm from further violence if the tenant remains within the same dwelling unit that the tenant is currently occupying, or the sexual assault occurred on the premises during the 90-calendar-day period preceding the date of the request for transfer.
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Another commenter said that if the housing provider does not have a unit available under another covered program it administers, then the housing provider should make a referral to the appropriate agency administering HCV vouchers so that the victim may be provided with a voucher. A commenter said HUD should develop rules and procedures for the agency administering vouchers to accept referrals from covered housing providers in the agency's area to streamline the process and reduce the time in which a victim receives a tenant protection voucher. The commenter also said housing providers should make referrals to other local or regional housing providers when no appropriate units are immediately available. Housing providers are strongly encouraged to accept emergency transfers from different housing providers, including transfers from other HUD-covered programs as long as program eligibility requirements are met, even though they are not required to do so.
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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.
Protections for victims of domestic violence, dating violence, sexual assault, or stalking. For families receiving tenant-based rental assistance, the plan must specify what will happen with respect to the non-transferring family member, if the family separates in order to effect an emergency transfer. No individual or family may be denied admission to or removed from the emergency shelter on the basis or as a direct result of the fact that the individual or family is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the individual or family otherwise qualifies for admission or occupancy. For families receiving tenant-based rental assistance, the required policies must specify what will happen with respect to the non-transferring family member, if the family separates in order to effect an emergency transfer.
Safety and Security of Tenants
It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. Preference for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA should consider whether to adopt a local preference for admission of families that include victims of domestic violence, dating violence, sexual assault, or stalking. For the Section 8 Housing Assistance Program for the Disposition of HUD-Owned Projects, under subpart C of this part, “covered housing provider,” as such term is used in HUD's regulations at 24 CFR part 5, subpart L , refers to the owner.
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Specifically, this rule amends HUD's generally applicable regulations, HUD's regulations for the public housing and Section 8 programs that already pertain to VAWA, and the regulations of programs newly covered by VAWA 2013. For the Section 8 Housing Assistance Payments Programs—State Housing Agencies, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L , refers to the HFA or owner, as applicable given the responsibilities of the covered housing provider as set forth in 24 CFR part 5, subpart L. For example, the PHA is the covered housing provider responsible for providing the notice of occupancy rights under VAWA and certification form described at 24 CFR 5.2005, though the PHA may provide this notice and form to owners, and charge owners with distributing the notice and form to tenants. In addition, the owner is the covered housing provider that may choose to bifurcate a lease as described at 24 CFR 5.2009, while both the PHA and owner are both responsible for ensuring that an emergency transfer plan is in place in accordance with 24 CFR 5.2005, and the owner is responsible for implementing the emergency transfer plan when an emergency occurs. Each year, the covered housing provider must submit to HUD data on all emergency transfers requested under 24 CFR 5.2005, pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests.
HUD also agrees that survivors do not have to contact authorities, such as police, or initiate legal proceedings against an abuser or perpetrator in order to qualify for VAWA protections. The statute has no such requirements and instead allows survivors to provide self-certification about the VAWA incident. All housing providers should be aware of other Federal, State and local laws that may provide similar or more extensive rights to victims of domestic violence, dating violence, sexual assault, and stalking. For example, properties funded with Low-Income Housing Credits are also subject to VAWA requirements, and housing providers should look to the regulatory agency responsible for LIHTCs—the Department of Treasury—for how to implement VAWA protections in those properties. HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families.
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.
A commenter stated that the emergency transfer plan already requires the tenant to submit a written request for a transfer, and documentation beyond this requirement may be difficult to access and is vulnerable to being obtained or destroyed by the perpetrator. Commenters said that gathering the requested documentation, particularly when violence is imminent, can unduly delay the transfer process and further endanger the victim. A commenter stated that HUD's final rule's definitions of domestic violence, dating violence, sexual assault or stalking must be sufficiently clear so as not to cause survivors to be punished for ancillary crimes as a result of the abuse they have suffered or cause survivors to be blamed for the abuse. Commenters said some survivors have been evicted because they “invited” the perpetrator into the home and subsequently received an eviction notice under Crime Free Drug Free policies or a Crime Free Lease Addendum.
Another commenter said HUD should clarify protocol for addressing equally compelling and competing claims, including ones with court actions pending. The commenter said that, frequently, households with competing VAWA claims also have court actions pending simultaneously and those cases may continue for years without a final resolution, and statuses that are apparently final can later change or have to be reconsidered. Multifamily field offices, PHAs, or the contract administrator can assist in identifying assisted housing within different properties. Commenters also said HUD should encourage PHAs to work regionally to identify available units. Property safe, how much the landlord is expected to expend to ensure the safety of tenants, and what responsibility the tenants have in ensuring their own safety.
Commenters expressed concern that HUD is publishing new regulations in a time of historically low funding, and said that it would be difficult to comply with new requirements. Commenters said that language in the proposed rule suggests that the added cost to the housing provider is primarily paperwork, but the costs of administering the notification and documentation requirements will be significant, and there will be costs in evaluating how resident's needs must then be addressed, and then taking steps to address those needs. The commenters said providers must establish an organizational framework to ensure compliance with HUD's VAWA regulations, including the creation of a document management system, adoption of policies, and the training of staff, and the costs of these activities are in addition to emergency transfer costs. Commenters asked HUD to consider how requirements to implement VAWA could be made more efficient and effective. A commenter said HUD's estimates of burden hours should take into account the impact on the housing providers that must take various steps following receipt of these forms.
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