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As New Hampshire Housing informed you through a communication on November 30, 2016, HUD published the VAWA Final Rule in the Federal Register.
The final rule codifies VAWA core protections to ensure that individuals are not denied assistance, evicted, or have their assistance terminated because of their status as a victim of domestic violence, dating violence, sexual assault or stalking, or for being affiliated with a victim.
The Final Rule became effective on December 16, 2016.
In order to be in compliance with the Final Rule, please do the following:
1. Revise the VAWA Protections in your Resident Selection Plan and House Rules to make certain that victims of sexual assault are included in the protections; make it clear that VAWA Protections are available equally to all individuals regardless of sex, gender identity or sexual orientation and make it clear that protections are provided to affiliated persons which includes 1. A spouse, parent, brother, sister, or child of the victim, or a person to whom the victim stands in place of a parent or guardian; or 2. Any individual, resident/applicant, or lawful occupant living in the household of that individual.
2. Please provide the VAWA Notice (Form HUD-5380) and the VAWA Certification (Form HUD-5382) (
ยง5.2005 VAWA Protections):
- At the time the applicant is denied assistance or admission;
- At the time the individual is provided assistance or admission (move in or initial certification);
- With any notification of eviction or notification of termination of assistance; and
- During the 12-month period following December 16, 2016, either during the annual recertification or lease renewal process, whichever is applicable, or if there will be no recertification or lease renewal for a tenant during the first year after the rule takes effect, through other means.
3. Continue to develop your Emergency Transfer Plan which has to be implemented no later than June 14, 2017. The Final Rule indicates that owners/agents must make accommodations to help victims exercise the VAWA protections. Accommodations include waiving selection criteria (credit, eviction screening), reconsidering a rejection, modifying a lease term or waiving the requirement to provide a 30-day notice to vacate, reconsidering a lease violation, termination of assistance or of tenancy and offering an emergency transfer. Although we are awaiting further guidance from HUD with regard to how HUD wants us to implement and incorporate new requirements like emergency transfers, we suggest owners/agents state in their Resident Selection Plans that transfers will be granted "to comply with a VAWA Protection Accommodation Request." The Core statutory protections of VAWA that prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault or stalking for HOME funded properties became applicable upon enactment of VAWA on March 7, 2013. The Final Rule is not applicable to any current HOME funded projects because the Final Rule is only applicable to HOME funding commitments that are made on or after December 16, 2016. Please free to contact the Asset Manager who is assigned to your property or Marie mpoole@nhhfa.org for questions related to VAWA in multifamily Section 8 project based properties or Ginny glarkin@nhhfa.org for HOME funded properties. |
