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When Should I Handout The VAWA Forms?

HUD has clarified that owners MUST begin now to give current and newly-admitted households a copy of the new notice of occupancy rights and the certification form. This MUST be done either during the annual recertification or lease renewal process, or, if there will be no recertification or lease renewal for a household during the first year after the rule takes effect, through other means.

This information comes from a correction notification issued Dec 21 by HUD as RHIIP Listserv Posting #376.

These forms MUST also be given to any applicant who is rejected, to every Head of Household at move-in, and to any Head of Household getting a termination or eviction notice.

Notice of Occupancy Rights Form HUD-5380, Notice of Occupancy Rights, is currently available. The VAWA Notice of Occupancy Rights must be made available in multiple languages, consistent with HUD’s LEP guidance. O/As must be aware of the deadlines for providing HUD-5380, as stated on pg. 20 – of the notice. HUD states, “The VAWA Notice of Occupancy Rights, along with the attached certification form HUD – 5382, must be provided to existing households, applicants, and new move-ins/initial certifications no later than each of the following times:

  • For applicants –
  1. At the time the household is provided assistance or admission (i.e., at move-in (MI) or Initial Certification (IC)), and
  2. At the time the applicant is denied assistance or admission.
  • For existing households –
  1. From December 15, 2017 and on, at each household’s annual recertification (AR), and
  2. With any notification of eviction or termination of assistance, (but not with subsequent eviction or termination notices sent for the same infraction).  If households have already had their AR for 2017 and they were not provided with the forms, the O/A must provide the forms to those households through other means by 12/15/2017. A note or documentation must be made in those tenant files indicating when the forms were provided to the household.

The VAWA Final Rule does not require an applicant/household to sign acknowledgement of receipt of the Notice of Occupancy Rights and certification form. Nonetheless, it is strongly recommended that O/As maintain a note or other documentation in each tenant’s file that indicates when each applicant or household was provided the forms at each of the times listed in 1a, 1b, 2a, and 2b above.

Note: Even if the VAWA Notice of Occupancy Rights (form HUD – 5380) and certification form (form HUD – 5382) are provided in other ways, O/A’s still must provide the VAWA Notice of Occupancy Rights and certification form at each household’s AR through December 15, 2017.

After that date, HUD assumes all current households will have received the forms and the VAWA rule does not require O/As to provide the notice and certification form at future AR’s.”

Emergency Transfers

After a section on victim confidentiality, HUD provides an eight – page section on requirements and process for emergency transfer plans.  HUD’s model Emergency Transfer Plan, form HUD-5381, and a model Emergency Transfer Request, form HUD – 5383, are available.

In regards to Management and Occupancy Reviews (MOR’s), HUD states, “O/As must adopt an emergency Transfer Plan no later than June 14, 2017 (although this notice was not issued until June 30, 2017). For MOR’s conducted after the publication of this Notice through December 13, 2017,

PBCA reviewers should issue a Recommendation, rather than a Finding, for non-compliance relating to the Emergency Transfer Plan. For MOR’s conducted after December 14, 2017, a Finding should be issued for noncompliance relating to the Emergency Transfer Plan.”

Record Keeping and Reporting Requirements In this section, HUD states that O/As must “keep confidential records of all emergency transfers requested under its Emergency Transfer Plan and the outcomes of such requests, and to retain these records for a period of three years, or for a period as specified in program regulations.”

The requests and outcomes of such requests must be reported to HUD annually. In a future release of the Tenant Rental Assistance Certification System (TRACS), HUD plans to add data elements for the number of emergency transfer requests received; number of requests resolved; number still pending; and outcomes of requests. However, until TRACS is updated, the requirement to report this information to HUD is not in effect and HUD will communicate additional details about the reporting requirement at a later date. HUD states, “it would be beneficial for O/As to maintain this information to facilitate future reporting.”

Establishing Waiting List Preferences

O/A’s can establish a VAWA admission preference. HUD states “O/A’s do not need HUD approval to adopt a VAWA preference – this is an acceptable owner-adopted preference. O/A’s must modify their Tenant Selection Plan to include the owner-adopted preference. The Tenant Selection Plan will be reviewed during the property’s MOR.

HUD does note that owners must receive HUD approval to adopt an admissions preference not specified under the requirements for owner- adopted preferences.

For reference on establishing owner- adopted preferences, HUD refers to: “24 CFR 5.655, HUD Handbook 4350.3, REV-1, Chapter 4-6, or Housing Notice 2013-21 Implementation and approval of owner-adopted admission preferences for individuals or families experiencing homelessness.”

HUD Enforcement of VAWA Final Rule HUD plans to enforce VAWA requirements “during an on-site MOR or as part of an off-site desk review.

HUD, the property’s Performance Based Contract Administrator (PBCA), or the property’s Traditional Contract Administrator (TCA) staff will review the O/As compliance with VAWA Final Rule. HUD/PBCA/TCS will identify areas of noncompliance in the form HUD- 9834.

Under the current version of the form, questions 14, 16, 21, 22, and 25 each contain subsections under which VAWA compliance may be assessed and reported.” In addition to these requirements, O/As must comply with all applicable fair housing and civil rights laws and requirements in the implementation of VAWA requirements. O/As must also take reasonable steps to ensure meaningful access to their programs and activities to LEP individuals.

Summary

To summarize, HUD’s VAWA requirements are long overdue.  Members have long requesting this guidance.  In addition to guidance provided to O/As, HUD has also provided VAWA implementation guidance to Public Housing Authorities (PHA’s) for the Housing Choice program and Public Housing programs.

 

VAWA Documents

  • HUD- 5380, Notice of Occupancy Rights
  • HUD-5381, Model Emergency Transfer Plan
  • HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (replaces form HUD-91066)
  • HUD-5383, Emergency Transfer Request
  • HUD-91067, Lease Addendum – Violence Against Women and Justice Department

Re-authorization Act of 2005

Despite their expiration, HUD has recommended O/As use all forms until new forms are published.

Folks can also find links to all of the documents and available translations on HUDCLIPS.

We continue to receive questions about VAWA Forms distribution requirements.  In an effort to assist anyone who may still have questions about VAWA Forms requirements, we have provided a brief summary below.  Keep in mind that this is just a recap of the requirements surrounding the VAWA Forms and we recommend all property managers participate in comprehensive VAWA training.

HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification are required forms.  They are to be modified to include specific information about the Housing Provider, appropriate HUD offices and resources for victims of VAWA crimes.  Owner/agents may reformat the form (e.g. remove double spacing, change font) but OMB information should be included on the forms.  The current version of the VAWA forms available on HUDClip’s expires 6/30/2017.  HUD has not posted new forms.

Multifamily Owner/agents are required to distribute forms as follows:

Beginning December 15, 2017 owner/agents must have provided these forms to existing residents at the next AR/lease signing (not every AR, just the next one).  If a resident is paying market rent and will not participate in the AR, the owner/agent must find another way to distribute the form.

O/A’s are not required to note the file to specify that the forms have been provided but are strongly encouraged to do so.

If an owner/agent failed to provide these forms at AR, the owner/agent must develop a method to provide these forms and make a note to the file specifying that the forms were provided at another time.

  • O/A’s are also required to provide both forms at MI.
  • O/A’s are not required to note the file to specify that the forms have been provided, but are encouraged to do so.
  • O/A’s are required to provide the forms with notice of termination of assistance.
  • O/A’s are required to provide the forms with notice of termination of tenancy/eviction.
  • O/A’s are not required to provide the forms to all applicants but must provide the forms with any Rejection Notice.
  • O/A’s are encouraged to post a completed version of HUD Form 5380 on community bulletin boards and on property web sites.

The current HUD Form 5381 Model VAWA Emergency Transfer (VET) Plan is used to assist you in developing your own VET Plan.  This form is not provided to residents.  At this time, HUD has acknowledged that certain requirements set forth in the Final Rule are not included in HUD Form 5381, so O/A’s should not use the form in lieu of developing and implementing their own plan.

HUD Form 5383

VAWA Emergency Transfer Request is an optional form.  O/A’s are not required to use a written VET Request.  O/A’s may use HUD’s form or O/A’s may create their own form.

The VAWA Forms mentioned above can be found on the HUDClip’s web site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud5a.

These forms are available in multiple languages.

HUD Form 91067 the VAWA Addendum is currently authorized for use on Section 8 properties.  This form is also being modified to comply with requirements set forth in the Final Rule.  Section 8 property managers must include this form as an attachment to the lease.  If you do not manage a Section 8 property (e.g. PRAC, BMIR, etc.), you should wait until the new, modified VAWA Addendum is released before implementing.  This will allow HUD to add new protections for victims of sexual assault and will allow HUD to add language explaining that a victim of a VAWA crime is not required to disclose the name of the alleged perpetrator if 1) doing so would put the victim in imminent danger or 2) the victim does not know the name of the alleged perpetrator.

The VAWA Addendum can be found on the HUDClip’s web site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.

HUD Form 91066 (VAWA Certification) is now obsolete and should no longer be used.

It is best to develop a VAWA Policy so that property staff know what to do when a resident or applicant wishes to exercise his or her VAWA protections.  O/A’s should make any VAWA Policy available upon request.

HUD does not require consultation with state and local experts or other housing providers but does ask O/A’s to provide names and phone numbers for local Help Organizations on its form HUD-5380. In addition, HUD encourages O/A’s to assist tenants in making emergency transfers by providing a list of other properties in the area to which they could seek transfers.

NOTE: It is imperative that your TSP be brought current to coincide with what you write in your VAWA Emergency Transfer Plan regarding the following issues:

  • Preferences for VAWA Victims seeking admission to your property
  • A Priority Waiting List for VAWA Victims needing an Internal Emergency Transfer within your property
  • Potential for Bifurcation of Leases for VAWA Victims