Victims rights

HUD Forms that Provide Expanded Housing Protections for Survivors of Violence Now Available

~ Jenny Hsu ~ Leave a comment

As NAHRO previously reported, HUD recently finalized a rule that will provide expanded housing protections for survivors of violence and fully codifies the provisions of the Violence Against Women Reauthorization Act (VAWA) of 2013 into HUD regulations.

HUD has made available the relevant forms necessary under the new rule:

  • Notice of Occupancy Rights under VAWA  (HUD-5380) that certain housing providers must give to tenants and applicants to ensure they are aware of their rights under VAWA and these implementing regulations;
  • New Certification form  (HUD-5382) for documenting incidents of domestic violence, dating violence, sexual assault, and stalking that must be used by housing providers;
  • Model emergency transfer plan (HUD-5381) that may be used by housing providers to develop their own emergency transfer plans; and
  • Model emergency transfer request form (HUD-5383) that housing providers could provide to tenants requesting an emergency transfer under these regulations.

HUD is currently translating these forms into 8 main language.

The final rule become effective on December 16, 2016 and housing providers must now include the Notice of Occupancy Rights and the new certification form with future denials or admissions of assistance notices and future eviction or termination of assistance notices.

Additionally, housing providers have until December 16, 2017 to provide existing tenants with the Notice of Occupancy Rights and the new certification form (via the annual recertification or lease renewal process, or through other means). Compliance with the final rule’s emergency transfer provisions is required no later than June 14, 2017.

Read more about HUD’s implementation of VAWA 2013 in the October 31, 2016 edition of the NAHRO Monitor (members only).

HUD Final Rule Provides Expanded Housing Protections for Survivors of Violence

~ Jenny Hsu ~ Leave a comment

Today, HUD published a final rule in the Federal Register that provides expanded housing protections for survivors of violence and fully codifies the provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into HUD’s regulations. At its core, VAWA 2013 prohibits housing providers from denying or terminating housing assistance on the basis that an applicant or tenant is a survivor of violence.

The rule’s regulations become effective on December 16, 2016, and compliance with the rule with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements, is required no later than June 14, 2017.

Read more about the rule’s provisions in our blog post, published last month. A more in-depth analysis of the rule is also available in the NAHRO Monitor (members only).

[Note: After the final rule’s publication, HUD discovered an incorrect compliance date in the rule’s preamble, with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements. The compliance date was incorrectly listed as May 15, 2017, while the regulatory text provided the correct date of June 14, 2017. This blog post has been updated to reflect the correct compliance date of June 14, 2017]