July 7, 2017 in RHIIP Listserv

RHIIP Listserv Posting #383: Housing Notice H 2017-05 VAWA posted on HUDClips and Save the Dates for VAWA Training

RHIIP Listserv Posting #383: Housing Notice H 2017-05 VAWA posted on HUDClips and Save the Dates for VAWA Training

On June 30, 2017, the Office of Multifamily Housing issued Notice H 2017-05, “Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents”.

The U.S. Department of Housing and Urban Development’s final rule regarding the implementation of housing protections authorized in the Violence Against Women Reauthorization Act of 2013 (VAWA) was published in the Federal Register on November 16, 2016. This final rule is a critical step in protecting housing of survivors of domestic violence, dating violence, sexual assault, and stalking.

The rule affects all owners and management agents (O/A) of properties under Multifamily Housing’s rental assistance programs and became effective 30 days after publication, on December 16, 2016. The Notice should be used in conjunction with the final rule and includes the following critical components:

  • Continuation of the core protections across all multifamily housing programs, ensuring survivors of domestic violence, dating violence, sexual assault, or stalking are not denied assistance as an applicant; are not evicted or have assistance terminated due to having been a victim, or for being affiliated with a victim.
  • Emergency transfers – Emergency transfer provisions of the final rule became effective June 14, 2017. The Notice provides more detailed guidance on developing an emergency transfer plan and facilitating internal and external emergency transfers.
  • Protections against adverse effects of abuse – Domestic violence can often have negative economic consequences on a survivor, such as poor credit and/or rental history. The Notice discusses how owners and agents (O/As) should take such adverse factors into consideration, to avoid denying tenancy or occupancy rights based solely on adverse factors resulting from domestic violence, dating violence, sexual assault, or stalking.
  • Documentation and timing – The Notice provides details on types of documentation that may be required to request VAWA protections and emergency transfers, as well as the certification option that may minimize possible barriers to obtaining third-party documentation. The Notice also discusses reasonable timeframes for applicants or tenants to provide requested documentation.

NEW! Translated VAWA forms HUD-5380, 5381, 5382, and 5383 are posted on HUDClips. Form HUD-91066 is obsolete and removed from HUDClips. Form HUD-91067 is in the process of being revised, refer to the Notice for guidance.