2013 VAWA Reauthorization: Implementation in HUD Housing Programs

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1 2013 VAWA Reauthorization: Implementation in HUD Housing Programs Presenter: Jessica Porter 1200 G Street NW, Suite 700 Washington, DC (202) Quadel.com/training

2 Today s Agenda Background Overview of the Violence Against Women Act Changes instituted in the 2013 Reauthorization What s Required and When Notification to Applicants and Tenants Emergency Transfer Plans Suggestions for Implementation

3 About Us Quadel is a management and consulting firm based in Washington, DC recognized for its expertise in the affordable housing industry We provide an extensive range of technical assistance, training, consulting and program management services to Public Housing Authorities (PHAs), state housing agencies, and also to private sector clients Jessica Porter, Program Advisor

History Lesson The Beginning of VAWA In the early 1990s The Senate Judiciary Committee conducted a three year investigation into the causes and effects of violence against women 1994 Violence Against

4 History Lesson The Beginning of VAWA In the early 1990s The Senate Judiciary Committee conducted a three year investigation into the causes and effects of violence against women 1994 Violence Against Women Act signed into law as part of the Violent Crime Control and Law Enforcement Act of 1994 First Federal law against battering Required a coordinated community response to domestic violence, sexual assault and stalking crimes

5 VAWA Re authorizations VAWA was reauthorized by Congress in 2000, 2005, and 2013 VAWA 2005 was the first version of this law that introduced provisions that applied to affordable housing programs, specifically: Section 8 (Housing Choice Voucher and Project Based) Public Housing Supportive Housing Program for the Homeless Reauthorized in 2013 (VAWA 2013)

VAWA 2013 2013 Reauthorization of the Violence Against Women Act (VAWA) applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender

6 VAWA Reauthorization of the Violence Against Women Act (VAWA) applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and must be applied consistent with all nondiscrimination and fair housing requirements. Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs Final Rule Effective Date: December 16, 2016

7 Mission Driven Changes By increasing opportunities for all individuals to live in safe housing, this will reduce the risk of homelessness and further HUD s mission of utilizing housing to improve quality of life.

8 What s New in 2013 Stand Alone Provision VAWA Title VI: Safe Homes Tenant Protections Expands Protections Enhanced Protections Owner Protections

9 VAWA Title VI: Safe Homes An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation or occupancy. TITLE VI SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. Sec Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking. Sec Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.

2013: Tenant Protections Expands housing protections to HUD programs beyond HUD s public housing program and HUD s tenant based and project based Section 8 programs Additional 4

10 2013: Tenant Protections Expands housing protections to HUD programs beyond HUD s public housing program and HUD s tenant based and project based Section 8 programs Additional 4 Millions Units Enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking Emergency Transfer Plans Bifurcation of Lease Reasonable Time

11 2013: Owner Protections When notified of a court order, the housing provider has the right to comply with the court order with respect to: The right of access or control of property, including civil protection orders The distribution or possession of property among members of the household A housing provider can evict or terminate assistance of a tenant for any violation of the lease not related to the tenant s status as a victim Housing providers need to be sure they are not holding the victim to a higher standard than other tenants

Owner May Evict If the housing provider can demonstrate actual or imminent threat to other tenants, employees, or service providers, the housing provider is allowed to terminate assistance/evict the

12 Owner May Evict If the housing provider can demonstrate actual or imminent threat to other tenants, employees, or service providers, the housing provider is allowed to terminate assistance/evict the tenant Eviction or termination of assistance should only be utilized when there is no other action that will reduce or eliminate this threat, including, but not limited to: Transferring the victim to another unit; Barring the perpetrator from the property; Contacting law enforcement; or Other legal remedies

Tenant Protection: Notification Requirements All covered housing providers must provide to Applicants and Tenants that explains the VAWA protections including the right to confidentiality (and

13 Tenant Protection: Notification Requirements All covered housing providers must provide to Applicants and Tenants that explains the VAWA protections including the right to confidentiality (and limitations to those protections): Notice of Occupancy Rights under the Violence Against Women Act HUD Form 5380 A certification form to be completed by the victim to document an incident HUD Form 5382

14 Tenant Protection: When Notice is Required Applicants must be provided with Notice including HUD forms 5380 and 5382: Applicants: At move in/initial certification At notice of rejection

15 Tenant Protection: When Notice is Required Tenants must be provided with Notice including HUD forms 5380 and 5382: At the next Annual Recertification for current tenants At time of notification of termination of assistance At time of notification termination of tenancy All Tenants must receive notice by December 16, 2017

Tenant Protection: Additional Notice Requirements Notice must be provided in MULTIPLE LANGUAGES Follow the Limited English Proficiency For Project Based Voucher Program and Public Housing HUD

16 Tenant Protection: Additional Notice Requirements Notice must be provided in MULTIPLE LANGUAGES Follow the Limited English Proficiency For Project Based Voucher Program and Public Housing HUD required lease, lease addendum, or tenancy addendum, as applicable, must include a description of specific protections afforded to the victims of domestic violence, dating violence, sexual assault, or stalking

17 Requested Documentation The Housing Provider may Take the tenant s word that there was a VAWA crime; or Request tenant to prove VAWA crime Request made in writing Provided by tenant within 14 business days May be extended by the Housing Provider Tenant may select which form of the following:

18 VAWA Documentation HUD provided document 5382: Certification of VAWA; HUD Forms & Document signed by you and a Professional (an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse; Must be signed by both third party and the tenant/victim under penalty of perjury.

19 VAWA Documentation continued A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. In cases of conflicting evidence, tenants and applicants who may need to submit third party documentation to document occurrence of a VAWA crime have 30 calendar days to submit the third party documentation.

Tenant Protection: Confidentiality NO ONE may have access to this information unless it is absolutely necessary Status of a victim can not be entered into shared

20 Tenant Protection: Confidentiality NO ONE may have access to this information unless it is absolutely necessary Status of a victim can not be entered into shared databases unless it is: Requested by the individual in a time limited release, Required for use in an eviction/termination of assistance proceeding, or Otherwise required by law.

21 Tenant Protection: Expanding Protections Amending the definition of domestic violence to include violence committed by intimate partners of victims Adds that tenants cannot be denied assistance because an affiliated individual of theirs is or was a victim

VAWA Definition Domestic Violence Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares

22 VAWA Definition Domestic Violence Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person s acts under the domestic or family violence laws of the jurisdiction.

23 VAWA Definition Affiliated Individual A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stand in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or Any individual, tenant, or lawful occupant living in the household of that individual

24 Tenant Protection: Enhanced Protections By requiring covered housing providers to have emergency transfer plans and; If housing providers allow for bifurcation of a lease, then tenants should have a reasonable time to establish eligibility for assistance under a VAWAcovered program or to find new housing when an assisted household has to be divided as a result of the violence or abuse covered by VAWA.

25 VAWA Definition Bifurcate: To divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants

26 Tenant Protection: Emergency Transfer Plan Each covered housing provider, as identified in the programspecific regulations for the covered housing program, shall adopt an emergency transfer plan, no later than June 14, 2017 based on HUD s model emergency transfer plan HUD Forms 5381 and 5383 Forms must be customized for the particular provider

27 Tenant Protection: Emergency Transfer Plan Tenants of either Public Housing and Tenant Based assistance may qualify for an emergency transfer If they either reasonably believe there is a threat of imminent harm from further violence if they remain in their dwelling unit, or The sexual assault occurred on the premises during the 90 calendar day period preceding the date of the request for transfer.

VAWA Definition Actual and imminent threat: A physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm.

28 VAWA Definition Actual and imminent threat: A physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: The duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.

29 Tenant Protection: Internal Transfer Plan Internal emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would not be categorized as a new applicant; Tenant may reside in the new unit without having to undergo an application process. Tenant must view the new unit as safe

30 Tenant Protection: External Transfer Plan External emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would be categorized as a new applicant; Tenant must undergo an application process in order to reside in the new unit.

Emergency Transfer Plan Must Include: Policies for assisting tenants to make emergency transfers when a safe unit is not immediately available:

31 Emergency Transfer Plan Must Include: Policies for assisting tenants to make emergency transfers when a safe unit is not immediately available: Situations where a tenant would not have to apply in order to occupy the new unit; and Where the tenant would have to apply in order to occupy the new unit.

32 Emergency Transfer Plan Must Include: Housing provider may require documentation that the tenant can establish eligibility for an emergency transfer by written certification. NO other documentation is required for VAWA Policies for assisting tenants who have tenant based rental assistance to make emergency moves with that assistance

33 Emergency Transfer Plan Must Include: Policies for assisting a tenant who is seeking an external emergency transfer out of the covered program or project, and a tenant who is seeking an external emergency transfer under VAWA into the covered housing provider s program or project. These policies may include: Arrangements, including memoranda of understanding, with other covered housing providers to facilitate moves; and Outreach activities to organizations that assist or provide resources to victims of domestic violence, dating violence, sexual assault, or stalking.

34 Emergency Transfer Plan Must Include (con t): Tenant may seek both an internal and an external emergency transfer at the same time if a safe unit is not immediately available The Emergency Transfer Plan must be available upon request and, when feasible, publicly available

35 Emergency Transfer Plan: Confidentiality The emergency transfer plan must incorporate strict confidentiality measures to ensure that the covered housing provider does not disclose the location of the dwelling unit of the tenant to a person who committed or threatened to commit an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. Confidentiality unless: Requested or consented to in writing by the individual in a time limited release; Required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program; or Otherwise required by applicable law.

Emergency Transfer Plan: Record Keeping & Reporting The covered housing provider must keep a record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such

36 Emergency Transfer Plan: Record Keeping & Reporting The covered housing provider must keep a record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such requests, and retain these records for a period of three years, or for a period of time as specified in program regulations. Requests and outcomes of such requests must be reported to HUD annually.

37 Tenant Protection: Lease Bifurcation The Housing Provider may bifurcate a lease remove a member from the lease in order to evict; terminate occupancy rights or terminate assistance to a member who engages in criminal activities related to VAWA Regardless of whether the member is a signatory to the lease or head of household Without evicting; removing or terminating the victim

Lease Bifurcation: Reasonable Time Remaining members must be given 90 calendar days from the date of bifurcation to: Establish eligibility under the covered program; or Establish eligibility under

38 Lease Bifurcation: Reasonable Time Remaining members must be given 90 calendar days from the date of bifurcation to: Establish eligibility under the covered program; or Establish eligibility under another covered program; or Find alternative housing. The tenant may be given up to an additional 60 days if allowed by the program HUD encourages housing providers to undertake all feasible actions to assist the family, including covering the costs of a transfer

39 VAWA 2013: Important Date! June 14, 2017: Compliance with the rule with respect to: Completing an emergency transfer plan and providing emergency transfers, and Associated recordkeeping and reporting requirements

40 Next Steps Review your Tenant Selection Plan/ACOP/ Administrative Plan to ensure that VAWA policies are addressed: Wait List, Eligibility and Admissions Voucher Term and Extensions Termination or Denial of Assistance/Tenancy Policy Transfer / Moves Record Keeping and Confidentiality

41 More Next Steps Update Transfer Procedures Review Forms and letters to ensure that VAWA notice is provided for any action related to denial; termination; informal hearings; and reviews. Begin distributing the VAWA Notice and VAWA Certification Form with each Annual Recertification. Begin distributing the VAWA Notice and VAWA Certification Form with each Move In or Initial Certification

42 Questions?

Call Us for Additional Assistance Fair Housing Webinar coming in May Housing Program Operational Assessments Policy Review Admissions and Continued Occupancy Policy

43 Call Us for Additional Assistance Fair Housing Webinar coming in May Housing Program Operational Assessments Policy Review Admissions and Continued Occupancy Policy Administrative Plan Development of Procedures Emergency Transfer Procedure Forms and Letters Record Keeping and Confidentiality Customized Training for Staff; Management and Residents

44 Thank You 1200 G Street NW, Suite 700 Washington, DC (202) Quadel.com/training

Presented by National Center for Housing Management HUD Final Rule on VAWA Implementation

HUD Final Rule on VAWA Implementation Presented by National Center for Housing Management 1 Lisa Vercauteren Senior Vice President, Compliance Programs National Center for Housing Management lvercauteren@nchm.org