Violence Against Women Act (VAWA) Proposed Regulatory Amendment

HUD has published for comment two documents concerning tenant protections required by VAWA 2013- a notice of occupancy rights and an emergency transfer plan.

Although VAWA refers to women in the title, the statue makes clear that the protections are for all victims of domestic violence, dating violence, sexual assault, and stalking regardless of sex, gender identity, sexual orientation or age.

Include sexual assault as an action covered by VAWA protections;

Establish a definition for “affiliated individual” based on the statutory definition and that is usable and workable for programs covered by VAWA;

Apply VAWA to the Housing Trust, which was not statutorily listed as a covered program;

Establishes a reasonable period of time during which a tenant (in situations where the tenant is not the perpetrator) may establish eligibility to remain in housing where the tenant’s household is divided due to domestic violence and where the tenant was not the member of the household that previously established eligibility for assistance;

Establishes what constitutes a “safe and available” unit to which a victim of domestic violence, etc., can be transferred on an emergency basis; and

Establishes what documentation requirements, if any, should be required of a tenant seeking an emergency transfer to an assisted unit.

Refer to 24 CFR, part 5, subpart L, and 24 CFR 892.53 Comments are due by June 1, 2015.