This session will provide insight into the implications of the HUD final rule for everyone involved in housing. It will affect your property’s:
Tenant Selection Plan
Termination of Assistance/Tenancy
Eligibility of Remaining Household Members
Regional Property Managers
Housing Authority Staff
Public Housing Director
Community Development employees
Affordable Housing Managers
HUD's Final Rule implementing the Violence Against Women Reauthorization Act (VAWA) of 2013 was published in the Federal Register on November 16, 2016. This Final Rule details the requirements for the HUD-covered programs and is effective Dec. 16, 2016. It is important to note that VAWA 2013 also covers the LIHTC and Rural Housing programs, but the Departments of Treasury and Agriculture has not issued their Final Rule for these programs to date. Many state agencies, however, have already incorporated VAWA 2013 compliance into their state requirements.
The reality is that the vast majority of victims of domestic violence are women and children, and most outreach organizations take those demographics into consideration when providing services. However, we do recognize that though not the norm, there are men abused by their wives, and violence does occur in same-sex relationships. The bottom line is, violence is violence no matter what gender the victim. Because of that, the Violence Against Women Act applies to all victims." VAWA 2013 extends protection to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of gender.
HUD's 102-page Final Rule requires that the Notice of Occupancy Rights and accompanying certification form be provided at the following times:
Admission to a covered program.
A rejection from a covered program.
Within one year for all existing residents.
At the time of notification of termination of tenancy or termination of assistance for all current residents.
In addition, the Final Rule details the requirement to establish an Emergency Transfer Plan, no later than June 14, 2017, that allows a tenant to transfer to a new unit/building when the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains in the same unit. The Final Rule includes a model Emergency Transfer Plan that owners can modify for this purpose. HUD requires that owners track and submit information on emergency transfer requests and outcomes on an annual basis.