To review, VAWA stands for the Violence Against Women Act, and it protects victims of domestic violence from losing their housing due to their status as victims. While the original Act protected only residents of Section 8 housing, the Reauthorization Act of 2013 expanded those protections to cover the following housing programs:
- HUD HOME Investment Partnership Programs
- HUD 202
- HUD 202/8
- HUD 202 PRAC
- HUD 236
- HUD 811
- HUD 222(d)(3) BMIR
- HOPWA Housing Program
- HUD's McKinney-Vento homeless programs
- Low Income Housing Tax Credit Program (LIHTC)
- USDA 515 housing (click the link for USDA guidance)
HUD Sites:
HUD VAWA forms noted below are all linked on the blog in procedure 3-38: VAWA
VAWA Final Rule
Published 11/16/2016
Notice of Occupancy Rights under VAWA:
This should be provided with a copy of the Certification form and resource list as follows:
- with applications;
- to existing household members at their next certification;
- to rejected applicants;
- at move-in;
- with any notice of termination;
- with any notice of eviction (YOU WILL NEED TO ADVISE YOUR ATTORNEY)
Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking
This should be provided with a copy of the above notice as noted above, and also upon request by an individual needing to file for protected status under VAWA.
VAWA RSP Clarification
Must be filed with your RSP (be sure to note RSP date of approval on the form, and have your Board approve the addition of this language to the RSP). RSPs revised from this date onward will have this language included in the Unit Transfer section.
VAWA Emergency Transfer Plan and Support Services List
Must be completed by all applicable sites and emailed to Linda no later than April 1, 2017. It should also be posted at your site, and kept with your Resident Selection Plan. Please note that transfers due to VAWA status take priority over all other types of transfers, including reasonable accommodations. This is because VAWA status indicates an imminent risk. Those transferring due to VAWA status may only be transferred to units they qualify for (i.e., generally cannot be transferred to an adapted unit if they do not need the features).
USDA Sites:
USDA VAWA forms noted below are all posted on the blog under the procedure 3-38: VAWA
USDA VAWA Guidance handout.
This notice details USDA guidance on VAWA.
Notice of Occupancy Rights under VAWA:
This should be provided with a copy of the Certification form and resource list as follows:
- to existing household members at the next certification,
- to rejected applicants
- at move-in
- with any notice of termination,
- with any notice of eviction.
Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking
This should be provided with a copy of the above notice as noted above, and also upon request by an individual needing to file for protected status under VAWA.
VAWA RSP ClarificationThis should be provided with a copy of the above notice as noted above, and also upon request by an individual needing to file for protected status under VAWA.
Must be filed with your RSP (be sure to note RSP date of approval on the form, and have your Board approve the addition of this language to the RSP). RSPs revised from this date onward will have this language included in the Unit Transfer section.
VAWA Emergency Transfer Plan and Support Services List
Must be completed by all applicable sites and emailed to Linda no later than May 1, 2017. It should also be posted at your site, and kept with your Resident Selection Plan. Please note that transfers due to VAWA status take priority over all other types of transfers, including reasonable accommodations. This is because VAWA status indicates an imminent risk. Those transferring due to VAWA status may only be transferred to units they qualify for (i.e., generally cannot be transferred to an adapted unit if they do not need the features).
All of the VAWA forms have been updated on the Forms and Procedures page (it's procedure 3-38, all the way at the bottom of the page).
If you have any questions on VAWA, please contact me, and watch for notification of a training conference call to be scheduled soon.
