Table of Content
HUD will assist housing providers in identifying available units under the different HUD programs covered by VAWA. Another commenter stated that if an individual is dragged off the premises and sexually assaulted elsewhere, that individual should be able to ask for an emergency transfer. A commenter said that, in the case of children at the very least, who may not disclose the assault for some period of time out of fear, it should not matter if the sexual assault occurred more than 90 days prior. A commenter said that it should not matter if a rape occurred off premises if the perpetrator of the rape is on the lease and the victim is a tenant. Another commenter asked which of HUD's housing programs must adopt an emergency transfer plan based on HUD's model plan.
The commenter said HUD's rule does not establish a clear nexus for the prohibition against denial or termination of assistance “on the basis” that an applicant or tenant is or has been a domestic violence victim. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence Against Women Act For All Tenants for more information about HP's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking. Nothing in this section limits any available authority of a covered housing provider to evict or terminate assistance to a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the tenant. Language conflicts with the statute, which does not exempt any covered housing provider from bifurcating leases or carrying out transfers based on their size. The commenters said that, depending on the situation, a small housing provider could be required to carry out a lease bifurcation, even though doing so is technically discretionary (e.g., in cases where there is a permanent protective order that excludes the abuser from the premises).
CFR Part 884
Remaining program participants following bifurcation of a lease or eviction as a result of domestic violence. The covered housing provider may extend the 90-calendar-day period in paragraph of this section up to an additional 60 calendar days, unless prohibited from doing so by statutory requirements of the covered program or unless the time period would extend beyond expiration of the lease. The 90-calendar-day period provided by paragraph of this section will not be available to a remaining household member if the statutory requirements for the covered housing program prohibit it. The 90-day calendar period also will not apply beyond the expiration of a lease, unless this is permitted by program regulations.
We present results for five geographic regions, accounting for approximately 90 percent of the state population. “Central Valley” includes Butte, Colusa, El Dorado, Fresno, Glenn, Kern, Kings, Madera, Merced, Placer, Sacramento, San Joaquin, Shasta, Stanislaus, Sutter, Tehama, Tulare, Yolo, and Yuba Counties. “San Francisco Bay Area” includes Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties. “Los Angeles” refers to Los Angeles County, “Inland Empire” refers to Riverside and San Bernardino Counties, and “Orange/San Diego” refers to Orange and San Diego Counties. Residents of other geographic areas are included in the results reported for all adults, registered voters, and likely voters, but sample sizes for these less-populous areas are not large enough to report separately. We also present results for congressional districts currently held by Democrats or Republicans, based on residential zip code and party of the local US House member.
II. This Final Rule
HP can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days from the day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline for the submission of documentation upon your request. The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to tenant screening.
A commenter said that covered housing providers may not know which tenants are due a notice, or the provider may not know which program applies, so the notice should not be given to existing tenants until either recertification or lease renewal. Another commenter said that to lessen the rule's administrative and financial burden, housing providers should be permitted to provide the notice at lease renewal. HUD also will not revise the certification form to say that the resident or participant is to take steps to ensure that the perpetrator does not learn of the new unit location. This purpose of this certification form is to document incidents of domestic violence, dating violence, sexual assault, or stalking, and is not documentation for emergency transfers. The model emergency transfer plan explains that the resident is urged to take all reasonable precautions to be safe.
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Do not assume victims requesting emergency transfers were previously determined to be VAWA victims. Another commenter said the preamble to the proposed rule unfairly assumed that persons seeking emergency transfers have already been determined to be victims covered by VAWA's protections. The commenter said that in many cases, the first indication that a tenant is a victim of violence may be the request for an emergency transfer. Allowing housing providers to apply a different occupancy standard to survivors of domestic violence, dating violence, sexual assault, and stalking than that applied to victims of other crimes violates the intent of VAWA, which provides that housing providers cannot discriminate against survivors and victims of a VAWA crime.
A commenter stated that after a tenancy ends, remaining tenants have to pay the lower of either an amount equal to the rent of the former tenant, or an amount based on the income of the current occupant. Another commenter asked whether a housing provider would be able to terminate the assistance and tenancy of the abuser immediately, and whether law enforcement would need to be involved. Another commenter asked whether the housing provider would need to obtain a court order to remove a tenant from the unit and remove the tenant's name from the lease without the tenant's permission. A commenter requested that HUD clarify a PHA's specific responsibilities when a lease bifurcation is initiated by an owner, and how an owner should decide that a lease bifurcation is appropriate and that an individual can be legally evicted. A commenter requested clarification from HUD regarding the PHA's responsibilities during this initial period and whether only the tenant's eligibility needs be established, and it is not the case that the PHA must have processed the new paperwork and have either the unit ready for move-in or the assistance ready for the tenant's use within this initial period. A commenter said the burden should be on the tenant to meet their obligation to provide the required information to establish eligibility within this initial period.
The commenter added that costs may increase for a PHA due to additional inspections, since an initially chosen unit may not be affordable or appropriate, and the processing of multiple Requests for Tenancy Approval forms. The commenter further stated that, if the perpetrator is a member of the assisted household, the PHA may also be undergoing the process of terminating the perpetrator's individual assistance, which could result in hearing costs and potential legal fees. Further, HUD has revised the regulations for HUD's multifamily Section 8 project-based programs in 24 CFR parts 880, 884, and 886 to specify that the owner is the covered housing provider. HUD has also revised the regulations for the Section 202 and Section 811 programs in part 891 to clarify that the owner is the covered housing provider.
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