17548 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 92, 200, 574, 576, 578, 

880, 882, 883, 884, 886, 891, 960, 966, 

982, and 983 

[Docket No. FR–5720–P–02] 

RIN 2501–AD71 

Violence Against Women 

Reauthorization Act of 2013: 

Implementation in HUD Housing 

Programs 

AGENCY: Office of the Secretary, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend HUD’s regulations to fully 

implement the requirements of the 

Violence Against Women Act (VAWA) 

as reauthorized in 2013 under the 

Violence Against Women 

Reauthorization Act of 2013 (VAWA 

2013). VAWA 2013 provides enhanced 

statutory protections for victims of 

domestic violence, dating violence, 

sexual assault, and stalking. VAWA 

2013 also expands VAWA protections to 

HUD programs beyond HUD’s public 

housing and Section 8 programs, which 

were covered by the reauthorization of 

VAWA in 2005 (VAWA 2005). In 

addition to proposing regulatory 

amendments to fully implement VAWA 

2013, HUD is also publishing for public 

comment two documents concerning 

tenant protections required by VAWA 

2013—a notice of occupancy rights and 

an emergency transfer plan. Although 

VAWA refers to women in its title, the 

statute makes clear that the protections 

are for all victims of domestic violence, 

dating violence, sexual assault, and 

stalking, regardless of sex, gender 

identity, sexual orientation, or age. 

DATES: Comments due June 1, 2015. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this notice to the Regulations Division, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

Communications must refer to the above 

docket number and title. Interested 

persons are invited to submit comments 

regarding this proposed rule. There are 

two methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make comments immediately available 

to the public. Comments submitted 

electronically through the 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on the site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. 

No Facsimile Comments. Facsimile 

(Fax) comments are not acceptable. 

Public Inspection of Public 

Comments. All properly submitted 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m., weekdays, at the 

above address. Due to security measures 

at the HUD Headquarters building, an 

advance appointment to review the 

public comments must be scheduled by 

calling the Regulations Division at 202– 

708–3055 (this is not a toll-free 

number). Individuals with speech or 

hearing impairments may access this 

number via TTY by calling the Federal 

Relay Service at 1–800–877–8339. 

Copies of all comments submitted are 

available for inspection and 

downloading at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about: HUD’s Public 

Housing program, contact Todd 

Thomas, Acting Director, Public 

Housing Management and Operations 

Division, Office of Public and Indian 

Housing, Room 4210, telephone number 

202–402–5849; HUD’s Housing Choice 

Voucher program (Section 8), contact 

Becky Primeaux, Director, Housing 

Voucher Management and Operations 

Division, Office of Public and Indian 

Housing, Room 4216, telephone number 

202–402–6050; HUD’s Multifamily 

Housing programs, contact Yvette M. 

Viviani, Director, Housing Assistance 

Policy Division, Office of Housing, 

Room 6138, telephone number 202– 

708–3000; HUD’s HOME Investment 

Partnerships program, contact Virginia 

Sardone, Director, Office of Affordable 

Housing Programs, Office of Community 

Planning and Development, Room 7164, 

telephone number 202–708–2684; 

HUD’s Housing Opportunities for 

Persons With AIDS (HOPWA) program, 

contact William Rudy, Acting Director, 

Office of HIV/AIDS Housing, Office of 

Community Planning and Development, 

Room 7212, telephone number 202– 

708–1934; and HUD’s Homeless 

programs, contact Ann Marie Oliva, 

Director, Office of Special Needs 

Assistance, Office of Community 

Planning and Development, telephone 

number 202–708–4300. The address for 

all offices is the Department of Housing 

and Urban Development, 451 7th Street 

SW., Washington, DC 20410. The 

telephone numbers listed above are not 

toll-free numbers. Persons with hearing 

or speech impairments may access these 

numbers through TTY by calling the 

Federal Relay Service, toll-free, at 800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of This Regulatory Action 

This rule commences the rulemaking 

process to implement those provisions 

of VAWA 2013 that are not selfimplementing. The reauthorization of 

VAWA 2013 expanded applicability of 

the VAWA protections to HUD 

programs beyond those HUD programs 

specified in VAWA 2005. VAWA 2013 

also explicitly specifies sexual assault, 

which was not covered in VAWA 2005, 

as covered by VAWA protections. 

VAWA 2013 also expands the 

protections for victims of domestic 

violence, dating violence, sexual 

assault, and stalking by requiring 

housing providers to have emergency 

transfer plans, and by providing 

reasonable time for tenants to establish 

eligibility for assistance under a VAWAcovered program where an assisted 

household has to be divided as a result 

of domestic violence. While the core 

protections of VAWA—prohibition on 

denying or terminating housing 

assistance on the basis that an applicant 

or tenant is a victim of domestic 

violence, dating violence, sexual 

assault, or stalking—apply without 

rulemaking and HUD has advised its 

program participants of such immediate 

applicability, other requirements of 

VAWA 2013 must first be submitted for 

public comment, and this proposed rule 

addresses those requirements. 

The importance of having HUD’s 

VAWA regulations updated cannot be 

overstated. The expansion of VAWA 

2013 to other HUD rental assistance 

programs emphasizes the importance of 

protecting victims of domestic violence, 

dating violence, sexual assault, and 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17549 

stalking, in all HUD housing offering 

rental assistance. By having all housing 

providers in HUD-covered programs be 

aware of the protections of VAWA and 

the actions that they must take to 

provide such protections if needed, 

HUD signals to all tenants in the 

covered housing programs that HUD is 

an active part of the national response 

to prevent domestic violence, dating 

violence, sexual assault, and stalking 

Summary of the Major Provisions of 

This Regulatory Action 

Key regulatory provisions to be 

addressed by this rule include proposed 

regulations that would: 

• Include ‘‘sexual assault’’ as an 

action covered by VAWA protections, 

an action that was not included for 

HUD-covered programs by VAWA 2005. 

• Establish a definition for ‘‘affiliated 

individual’’ based on the statutory 

definition and that is usable and 

workable for programs covered by 

VAWA. 

• Apply VAWA protections to the 

Housing Trust, which was not 

statutorily listed as a covered program. 

• Establish a reasonable period of 

time during which a tenant (in 

situations where the tenant is not the 

perpetrator) may establish eligibility to 

remain in housing, where the tenant’s 

household is divided due to domestic 

violence, dating, violence, sexual 

assault, or stalking, and where the 

tenant was not the member of the 

household that previously established 

eligibility for assistance. 

• Establish what constitutes a safe 

and available unit to which a victim of 

domestic violence, dating violence, 

sexual assault, or stalking can be 

transferred on an emergency basis. 

• Establish what documentation 

requirements, if any, should be required 

of a tenant seeking an emergency 

transfer to another assisted unit. 

Please refer to section II of this 

preamble, entitled ‘‘This Proposed 

Rule’’ for a more detailed discussion of 

all the changes proposed by this rule. 

Costs and Benefits 

The benefits of HUD’s proposed 

regulations include codifying, in 

regulation, the protections of VAWA to 

HUD programs beyond HUD’s public 

housing and Section 8 programs that 

have been covered since VAWA 2005; 

strengthening the rights of victims of 

domestic violence, dating violence, 

sexual assault, and stalking in HUDcovered programs, including 

confidentiality rights; and possibly 

minimizing the loss of housing by such 

victims through the bifurcation of lease 

provision and emergency transfer 

provisions. With respect to rental 

housing, VAWA was enacted to bring 

housing stability to victims of domestic 

violence. It was determined that 

legislation was needed to require 

protections for victims of domestic 

violence in rental housing because 

landlords often responded to domestic 

violence occurring in one of their rental 

units by evicting the tenant regardless of 

whether the tenant was a victim of 

domestic violence, and refusing to rent 

to victims of domestic violence on the 

basis that violence would erupt in the 

victim’s unit if the individual was 

accepted as a tenant. To ensure that 

landlords administering HUD rental 

assistance did not respond to domestic 

violence by denying or terminating 

assistance, VAWA 2005 brought HUD’s 

public housing and Section 8 programs 

under the statute’s purview, and VAWA 

2013 covered the overwhelming 

majority of HUD programs providing 

rental assistance. 

The costs of the regulations are 

primarily paperwork costs. These are 

the costs of providing notice to 

applicants and tenants of their 

occupancy rights under VAWA, the 

preparation of an emergency transfer 

plan, and documenting an incident or 

incidents of domestic violence, dating 

violence, sexual assault, and stalking. 

The costs, however, are minimized by 

the fact that VAWA 2013 requires HUD 

to prepare the notice of occupancy 

rights to be distributed to applicants and 

tenants; to prepare the certification form 

that serves as a means of documenting 

the incident or incidents of domestic 

violence, dating violence, sexual 

assault, and stalking; and to prepare a 

model emergency transfer plan that 

guides the entities and individuals 

administering the rental assistance 

provided by HUD in developing their 

own plans. 

Invitation To Comment 

HUD invites comment on its proposed 

regulations updating VAWA protections 

in HUD-covered programs. In this 

preamble, HUD includes twelve 

requests for comment on specific issues, 

and welcomes consideration of 

additional issues that may be identified 

by commenters. 

I. Background 

On March 7, 2013, President Obama 

signed into law VAWA 2013 (Pub. L. 

113–4, 127 Stat. 54). VAWA 2013 

reauthorizes and amends VAWA 1994 

(Title IV, sec. 40001–40703 of Pub. L. 

103–322), which was previously 

reauthorized by VAWA 2000 (Pub. L. 

106–386) and VAWA 2005 (Pub. L. 109– 

162, approved January 5, 2006, with 

technical corrections made by Pub. L. 

109–271, approved August 12, 2006). As 

originally enacted in 1994, VAWA 

provided protections and services for 

victims of domestic violence, sexual 

assault, and stalking, and authorized 

funding to combat and prosecute 

perpetrators of sexual and domestic 

violence crimes. VAWA 1994 was not 

applicable to HUD programs. 

The VAWA 2005 reauthorization 

brought HUD’s public housing program 

and HUD’s tenant-based and projectbased section 8 programs (collectively, 

the Section 8 programs) under coverage 

of VAWA by amending sections 6 and 

8 of the United States Housing Act of 

1937 (the 1937 Act) (42 U.S.C. 1437 et 

seq.), which are the authorizing statutes 

for those programs. VAWA 2005 

established that being a victim of 

domestic violence, dating violence, or 

stalking cannot be the basis for denial of 

assistance or admission to public or 

Section 8 housing, and provided other 

protections for victims. VAWA 2005 

also contained requirements for 

notification to tenants of the rights and 

protections provided under VAWA, 

provisions on the rights and 

responsibilities of public housing 

agencies (PHAs) and owners and 

managers of assisted housing, and 

provisions pertaining to acceptable 

documentation of incidents of domestic 

violence and related acts and 

maintaining the confidentiality of the 

victim. HUD regulations pertaining to 

VAWA 2005 protections, rights, and 

responsibilities are codified in 24 CFR 

part 5, subpart L. 

Title VI of VAWA 2013, ‘‘Safe Homes 

for Victims of Domestic Violence, 

Dating Violence, Sexual Assault, and 

Stalking,’’ contains the provisions that 

are applicable to HUD programs. 

Specifically, section 601 of VAWA 2013 

removes VAWA protections from the 

1937 Act and adds a new chapter to 

Subtitle N of VAWA 1994 (42 U.S.C. 

14043e et seq.) entitled ‘‘Housing 

Rights.’’ As applicable to HUD, this 

chapter provides additional protections 

for tenants beyond those provided in 

VAWA 2005, and expands VAWA 

protections to other HUD programs. In 

this preamble, unless otherwise stated, 

HUD uses the term VAWA 2013 to refer 

solely to the amendments made to 

Subtitle N of VAWA 1994 by VAWA 

2013. 

On August 6, 2013, at 78 FR 47717, 

HUD issued a Federal Register notice 

that provided an overview of the 

applicability of VAWA 2013 to HUD 

programs. This notice listed the new 

HUD housing programs that VAWA 

2013 added to the list of covered 

housing programs, described the 

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17550 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

1See, for example, the letter to Executive 

Directors of public housing agencies from the 

Assistant Secretary for Public and Indian Housing, 

issued September 30, 2013, at http://nhlp.org/files/ 

Sept%202013%20VAWA%20letter%20to%20

PHAs.pdf, as well as communications from HUD’s 

HOME Investment Partnerships Programs (HOME) 

at https://www.onecpd.info/resources/documents/

HOMEfires-Vol11-No1-Violence-Against-WomenReauthorization-Act-2013.pdf, and from HUD’s 

Office of Special Needs Assistance Programs at 

https://www.onecpd.info/news/reauthorization-ofthe-violence-against-women-act-vawa/. 

2HUD’s Guide for Property Owners participating 

in the HOME program provides additional 

information on the allocation of responsibilities. 

See http://portal.hud.gov/hudportal/documents/

huddoc?id=19760_2009homerentalpo.pdf. 

changes that VAWA 2013 made to 

existing VAWA protections, and 

identified certain issues for which HUD 

specifically sought public comment. 

HUD solicited public comment for a 

period of 60 days, and the public 

comment period closed on October 7, 

2013. HUD appreciates the public 

comments submitted in response to the 

August 6, 2013, notice, and these public 

comments were taken into consideration 

in the development of this proposed 

rule. The public comments on the 

August 6, 2013, notice can be found at 

the www.regulations.gov 

governmentwide portal, under docket 

number FR–5720–N–01, at http://www.

regulations.gov/#!docketDetail;D=HUD2013-0074. 

Many of the comments submitted in 

response to the August 6, 2013, notice 

asked HUD to advise program 

participants that certain VAWA 

protections are in effect without the 

necessity of rulemaking. In response to 

these comments, HUD offices 

administering the housing programs 

covered by VAWA 2013 reached out to 

participants in the HUD programs to 

advise them that the basic protections of 

VAWA—not denying or terminating 

assistance to victims of domestic 

violence and expanding the VAWA 

protections to victims of sexual 

assault—are in effect, and do not require 

notice and comment rulemaking for 

compliance, and that they should 

proceed to comply with the basic 

VAWA protections.1

II. This Proposed Rule 

This section of the preamble describes 

the regulatory changes that HUD 

proposes to make to HUD’s regulations 

to fully implement the rights and 

protections of VAWA 2013. 

A. HUD’s Cross-Cutting VAWA 

Regulations—24 CFR Part 5, Subpart L 

Subpart L of 24 CFR part 5 contains 

the core requirements of VAWA 2013 

that are applicable to the HUD housing 

programs covered by VAWA (defined in 

this proposed rule as ‘‘covered housing 

programs’’). The regulations in this 

subpart are supplemented by the 

regulations for the covered housing 

programs. The program-specific 

regulations address how certain VAWA 

requirements are to be implemented for 

the applicable covered housing 

program, given the statutory and 

regulatory framework for the program. 

While the regulations in 24 CFR part 5, 

subpart L, establish the core 

requirements of VAWA and how the 

VAWA requirements are to be 

implemented generally, the program 

specific regulations, given the statutory 

parameters of the individual covered 

housing program, may provide for some 

VAWA protections to be applied 

differently from that provided in the 

part 5 regulations. 

The variations in implementation 

primarily pertain to the requirements 

governing: Bifurcation of a lease to 

remove the perpetrator of domestic 

violence, dating violence, sexual 

assault, or stalking; emergency transfers; 

and who can request documentation 

pertaining to incidents of domestic 

violence, dating violence, sexual 

assault, or staking. The variations are 

largely found in the programs 

administered by HUD’s Office of 

Community Planning and Development 

(CPD). 

VAWA 2013 continues to contain 

language that reflects the structure of 

the HUD housing programs first covered 

by VAWA 2005; that is, housing that is 

administered by a public housing 

agency (PHA). The VAWA 2013 

provisions do not quite match the 

structure of the newly covered HUD 

programs, in which housing is not 

administered by a PHA. In proposing 

how the VAWA protections are to be 

implemented in the newly covered 

programs, HUD took into account both 

the statutory and regulatory framework 

of each program and HUD’s experiences 

in both administering the program and 

in working with the different entities 

that administer the program. In each 

case, HUD strived to fulfill the 

underlying intent of the VAWA 

protections and provide meaningful 

protection to victims of domestic 

violence, dating violence, sexual 

assault, or stalking. As the proposed 

regulatory text reflects, for some of the 

newly covered programs, greater 

responsibility to provide and oversee 

VAWA protections is placed on the 

entities that receive funding directly 

from HUD. For the other newly covered 

programs, more responsibility is placed 

on the housing owners or managers. For 

example, the HOME Investment 

Partnerships Program (HOME program) 

provides formula grants to States and 

localities for a wide range of activities 

including building, buying, and/or 

rehabilitating affordable housing for rent 

or homeownership or providing direct 

rental assistance to low-income people, 

but the States and local jurisdictions are 

not responsible for administering 

assistance for rental housing in the same 

way that public housing agencies 

administer the public housing program. 

Under the HOME program, the 

assistance is administered by the 

property owner or manager, with the 

directly funded agencies (the states and 

localities) overseeing the administration 

of this eligible activity.2 Additionally, 

some of the newly covered programs 

provide more discretion to the entities 

that HUD funds, while others are more 

prescriptive. For example, under HUD’s 

Housing Opportunities for Persons With 

AIDS (HOPWA) program, the 

authorizing statute allows for family 

members of a HOPWA-eligible tenant 

who dies, to continue for a reasonable 

grace period, not to exceed 1 year, to 

remain in the unit, and provides 

assistance with moving expenses to the 

remaining family members. These 

program variations are reflected in the 

proposed regulations set out in this rule. 

Specific solicitation of comment 1: 

HUD specifically seeks comment from 

the participants in each of the HUDcovered programs, who are familiar with 

how a specific HUD-covered program 

operates, on whether the proposed 

regulations for the specific HUDcovered program carry out the intent of 

VAWA within the statutory parameters 

of the program. 

Applicability (24 CFR 5.2001) 

Existing § 5.2001 lists the HUD 

programs covered by VAWA. This rule 

would amend § 5.2001 to include the 

new HUD housing programs added by 

VAWA 2013, and to advise that the 

regulations in 24 CFR part 5, subpart L, 

address the statutory requirements of 

VAWA but that application of the 

requirements to a specific program, as 

discussed in the preceding section, may 

vary given the statutory and regulatory 

framework of that individual covered 

housing program. 

As provided in § 5.2001, applicable 

‘‘assistance’’ provided under the 

covered housing programs generally 

consists of two types (one or both): 

Tenant-based rental assistance, which is 

rental assistance that is provided to the 

tenant; and project-based assistance, 

which is assistance that attaches to the 

unit in which the tenant resides. For 

project-based assistance, the assistance 

may consist of such assistance as 

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3 VAWA 2005 defined ‘‘immediate family 

member’’ as (i) a spouse, parent, brother or sister, 

or child of that person, or an individual to whom 

that person stands in loco parentis; or (ii) any other 

person living in the household of that person and 

related to that person by blood or marriage. 

4 In addition to contractual rights and rights 

under VAWA, tenants have rights under State law. 

See http://portal.hud.gov/hudportal/HUD?src=/

topics/rental_assistance/tenantrights. http://portal.

hud.gov/hudportal/HUD?src=/topics/rental_

assistance/tenantrights. 

5See HUD’s regulations at 24 CFR 92.2, 200.3, 

236.1, 574.3, 891.105, 982.4. 

operating assistance, development 

assistance, and mortgage interest rate 

subsidy. Unless specificity is necessary 

to identify a particular type of assistance 

covered by VAWA, this preamble and 

the proposed regulations use the term 

‘‘assistance’’ to refer broadly to the 

assistance provided under the covered 

housing programs. 

Definitions (§ 5.2003) 

Introductory text (Revised): The 

introductory text of § 5.2003 provides 

that certain terms are defined in subpart 

A of 24 CFR part 5. This rule would 

remove the terms ‘‘1937 Act’’ and 

‘‘Responsible Entity’’ from the 

introductory text, as these terms are no 

longer used in this subpart given the 

extension of VAWA protections beyond 

1937 Act programs. 

Actual and imminent threat (Moved 

from § 5.2005(e) to § 5.2003): The 

definition of ‘‘actual and imminent 

threat’’ is currently found in § 5.2005(e). 

HUD does not propose to revise the 

definition, but rather to move the 

definition from § 5.2005(e) to the 

definition section, § 5.2003. HUD 

believes that the definition of ‘‘actual 

and imminent threat’’ is more 

appropriately placed in the definition 

section of the VAWA regulations. 

Affiliated Individual (New): VAWA 

2013 replaces the term ‘‘immediate 

family member’’ with ‘‘affiliated 

individual.’’ VAWA 2013 defines 

‘‘affiliated individual’’ to mean, with 

respect to an individual: ‘‘(A) a spouse, 

parent, brother, sister, or child of that 

individual, or an individual to whom 

that individual stands in loco parentis; 

or (B) any individual, tenant, or lawful 

occupant living in the household of that 

individual.’’ The replacement of 

‘‘immediate family member’’ with 

‘‘affiliated individual’’ is intended to 

cover individuals lawfully occupying a 

unit but who may not necessarily meet 

a definition of ‘‘family.’’ 3

Under VAWA, an individual who is 

an immediate family member as defined 

under VAWA 2005 or an affiliated 

individual under the broader 

terminology adopted in VAWA 2013 

does not receive VAWA protections if 

the individual is not on the lease. 

However, if an affiliated individual is a 

victim of domestic violence, dating 

violence, sexual assault, or stalking, and 

the tenant is not the perpetrator of such 

actions, the tenant cannot be evicted or 

have assistance terminated because of 

the domestic violence, dating violence, 

sexual assault, or stalking suffered by 

the affiliated individual. In addition, if 

the affiliated individual were to apply 

for housing assistance, the affiliated 

individual could not be denied 

assistance on the basis that the affiliated 

individual is or has been a victim of 

domestic violence, dating violence, 

sexual assault, or stalking. 

HUD adds this definition of ‘‘affiliated 

individual’’ to § 5.2003, but proposes to 

modify the statutory definition slightly 

for purposes of clarity and replaces the 

Latin term ‘‘in loco parentis’’ with plain 

language terminology. HUD proposes to 

define ‘‘affiliated individual’’ as follows: 

Affiliated individual, with respect to an 

individual, means: (A) A spouse, parent, 

brother, sister, or child of that 

individual, or a person to whom that 

individual stands in the place of a 

parent to a child (for example, the 

affiliated individual is a child in the 

care, custody, or control of that 

individual); or (B) any individual, 

tenant, or lawful occupant living in the 

household of that individual. 

In response to HUD’s August 6, 2013, 

notice, a few commenters asked for 

more information about who could be 

considered an ‘‘affiliated individual,’’ 

and whether a live-in aide or caregiver 

would qualify. A commenter stated that 

because program participants must 

inform housing authorities and gain 

approval for the admittance of all 

household members, ‘‘affiliated 

individuals’’ should not include those 

who are unreported members of a 

household, or else it would result in the 

situation in which VAWA protections 

would extend to individuals violating 

program regulations. 

HUD agrees with the commenter and 

does not read the statute to apply 

VAWA protections to guests, and 

unreported members of the household. 

The protections of VAWA are directed 

to the tenants. Generally, tenants in the 

HUD programs covered by VAWA (in 

some HUD programs, tenants are 

referred to as ‘‘program participants’’ or 

‘‘participants’’) are individuals, who, at 

the time of admission, were screened for 

compliance with the eligibility 

requirements specified by the HUD 

covered program in which the tenant 

participates. Once admitted, these 

tenants have contractual rights under a 

lease and may have certain 

administrative protections, such as a 

right to an informal hearing before 

termination of assistance or eviction 

occurs. These rights and privileges do 

not apply to unauthorized or unreported 

members of the household, such as 

guests, nor do they apply to affiliated 

individuals.4 If a guest, an unreported 

member of the household, or an 

affiliated individual is sexually 

assaulted, the tenant may not be evicted 

because of the sexual assault, as long as 

the tenant was not the perpetrator. 

While a live-in aide or caregiver who 

resides in a unit may be a lawful 

occupant, nonetheless such individual 

is not a tenant and the protections of 

VAWA would not apply, except that the 

live-in aide or caregiver cannot be 

denied assistance if he or she 

independently applies for assistance. 

Similarly, if an affiliated individual is a 

victim of domestic violence, dating 

violence, sexual assault, or stalking, the 

tenant with whom the affiliated 

individual resides cannot be evicted or 

have assistance terminated on the basis 

of the violence suffered by the affiliated 

individual, and, consequently, the 

affiliated individual may receive 

indirectly the benefit of continued 

assistance to the tenant. 

A commenter asked that the VAWA 

regulations contain a definition of 

‘‘family’’ that is consistent with HUD’s 

definition of ‘‘family’’ at 24 CFR 5.403. 

With the removal of reference to 

‘‘family’’ in the VAWA statute and 

regulations, HUD believes there is no 

need to add a definition of ‘‘family’’ in 

the VAWA regulations. Additionally, 

the majority of HUD programs covered 

by VAWA 2013 already incorporate the 

definition of ‘‘family’’ in 24 CFR 5.403.5

Bifurcate (Revised): Bifurcation of a 

lease was provided in VAWA 2005 as an 

option available to a covered housing 

provider (which term is defined below), 

and bifurcation of a lease remains an 

option, not a mandate under VAWA 

2013. 

This rule would amend the definition 

of ‘‘bifurcate’’ to remove reference to a 

‘‘public housing or section 8 lease’’ 

since VAWA 2013 makes bifurcation of 

a lease an option in all covered housing 

programs, subject to permissibility to 

bifurcate a lease under the program 

requirements and/or state and local 

laws, as may be applicable. 

This rule also proposes to revise the 

definition of ‘‘bifurcate’’ to reflect that 

VAWA 2013 authorizes a covered 

housing provider to evict, remove, or 

terminate assistance to any individual 

who is a tenant or a lawful occupant of 

a unit and who engages in criminal 

activity directly relating to domestic 

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6A commenter on the August 6, 2013, notice 

asked about coverage of the Rural Development 

Voucher program. This program is administered by 

the U.S. Department of Agriculture (USDA) and 

HUD refers the commenter to USDA for VAWA 

information about USDA programs. 

7For HUD programs, the assistance provided 

under a covered housing program may be assistance 

to the unit (assistance tied to the unit) assistance 

to the tenant (assistance tied to the tenant) or 

mortgage interest rate subsidies. 

8Section 202 of the National Housing Act of 1959 

authorized HUD to make long-term loans directly to 

multifamily housing projects and the loan proceeds 

were used to finance the construction of 

multifamily rental housing for persons age 62 years 

or older and for persons with disabilities. 

Amendments to Section 202 in 1990 replaced the 

direct loan program with capital advance programs 

for owners of housing designed for elderly or 

disabled residents. All projects that received 

Section 202 direct loans are eligible for projectbased assistance under Section 8 but without such 

assistance the housing is not rental housing to 

which VAWA protections would apply. 

9As noted in HUD’s August 6, 2013, Federal 

Register notice, HUD stated, in footnote 4, that 

VAWA 2013 says that ‘‘the program under subtitle 

A of title IV of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11360 et seq.)’’ is a 

VAWA-covered housing program. (See 78 FR at 

44719.) However, subtitle A does not address a 

program, but rather provides definitions, and other 

general provisions, applicable to title IV. HUD 

reiterates here its view that the intent of Congress 

was to include the programs found elsewhere in 

title IV, which include the Emergency Solutions 

Grants program, the Continuum of Care program, 

and the Rural Housing Stability Assistance 

program. HUD is cognizant that the statutory 

reference is to a single program, and the 

predominant program addressed under title IV, 

subtitle A, is the Continuum of Care Program. That 

said, HUD proposes to apply the VAWA 

protections, to the extent practicable, to the 

Emergency Solutions Grants Program and the Rural 

Housing Stability Assistance Program, which are 

authorized under subtitles B and D of the Act, 

respectively. 

10The Homeless Emergency Assistance and 

Rapid Transition to Housing Act of 2009 (HEARTH 

Act) amended the McKinney-Vento Homeless 

Assistance Act, to, among other changes, repeal the 

‘‘Safe Havens for Homeless Individuals 

Demonstration Program.’’ Therefore, HUD has not 

funded any new safe haven projects, but HUD will 

continue to renew funding for existing safe haven 

violence, dating violence, sexual 

assault, or stalking against an affiliated 

individual or other individual, without 

evicting, removing, terminating 

assistance to, or otherwise penalizing a 

victim of such criminal activity who is 

also a tenant or lawful occupant of the 

housing. 

The rule proposes to define 

‘‘bifurcate’’ to mean dividing a lease as 

a matter of law, subject to the 

permissibility of such process under the 

requirements of the applicable covered 

housing 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. 

VAWA 2013 also revises the 

bifurcation process in VAWA 2005, and 

these changes are addressed in § 5.2009. 

Covered housing program (New): 

VAWA 2013 includes a definition for 

‘‘covered housing program.’’ The 

statutory definition includes the VAWA 

2005 covered housing programs (public 

housing and Section 8 programs) and 

the new HUD housing programs added 

by VAWA 2013. HUD proposes to adopt 

the statutory definition, with the 

proposed inclusion of the Housing Trust 

Fund program, as discussed below.6

For some of the HUD covered housing 

programs, the program may include 

assistance to which VAWA protections 

may not apply. For example, HUD’s 

HOME program offers homeownership 

assistance (see 24 CFR part 92), and the 

HOME program’s homeownership 

assistance is not covered by VAWA. The 

type of assistance to which VAWA 

protections apply, based on the 

statutory provisions themselves, is 

assistance for rental housing, as 

discussed under the proposed definition 

of ‘‘assistance.’’ This type of assistance 

generally involves a tenant, a landlord 

(the individual or entity that owns and/ 

or leases rental units) and a lease 

specifying the occupancy rights and 

obligations of the tenant.7 It is this 

relationship in which VAWA intervenes 

to ensure that, in covered housing 

programs, a tenant or other lawful 

occupant who is a victim of domestic 

violence, dating violence, sexual 

assault, or stalking is not further 

victimized by being evicted, having 

assistance terminated, or having 

assistance denied solely because the 

individual is a victim of domestic 

violence, dating violence, sexual 

assault, or stalking. 

Accordingly, this rule defines 

‘‘covered housing program’’ to 

encompass the HUD programs specified 

by the statute. The following highlights 

the types of assistance in which the 

VAWA protections apply to a covered 

housing program, given the statutory 

structure of the program. HUD does not 

highlight in the regulatory text of 24 

CFR part 5, subpart L, the types of 

assistance within each covered housing 

program to which VAWA protections 

apply or may not apply. Programs 

change, as a result of statutory changes, 

including changes made by 

appropriations acts, and providing such 

specificity of assistance in the part 5 

regulatory text could quickly be 

outdated. However, the programspecific regulations will reflect any 

changes in the coverage of VAWA 

protections. 

(1) Section 202 Supportive Housing 

for the Elderly (12 U.S.C. 1701q), with 

implementing regulations at 24 CFR part 

891. Coverage of the Section 202 

Supportive Housing for the Elderly 

program includes Senior Preservation 

Rental Assistance Contracts (SPRAC), 

and Project Assistance Contracts (PAC). 

Coverage excludes Section 202 Direct 

Loan Projects that are without projectbased Section 8 assistance (assistance 

necessary for VAWA coverage).8

(2) Section 811 Supportive Housing 

for Persons with Disabilities (42 U.S.C. 

8013), with implementing regulations at 

24 CFR part 891. Coverage of the 

Section 811 Supportive Housing for 

Persons with Disabilities program 

includes housing assisted under the 

Capital Advance Program and the 

Section 811 Rental Assistance Program, 

as authorized under the Frank Melville 

Supportive Housing Investment Act 

(Pub. L. 111–274, approved January 4, 

2011). 

(3) Housing Opportunities for Persons 

With AIDS (HOPWA) program (42 

U.S.C. 12901 et seq.), with 

implementing regulations at 24 CFR part 

574. Coverage of the HOPWA program 

includes housing receiving assistance as 

provided in 24 CFR 574.320 and 

574.340. In addition, and as provided in 

the HOPWA regulations, the protections 

of VAWA apply to project-based 

assistance or tenant-based rental 

assistance as provided in § § 574.300 

and 574.320, and to community 

residences as provided in § 547.300. 

(4) HOME Investment Partnerships 

(HOME) program (42 U.S.C. 12741 et 

seq.), with implementing regulations at 

24 CFR part 92. Coverage of the HOME 

program includes HOME tenant-based 

rental assistance and rental housing 

assisted with HOME funds, except as 

may be otherwise provided in 24 CFR 

92.359. 

(5) Homeless programs under title IV 

of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11360 et seq.), 

including the Emergency Solutions 

Grants program (with implementing 

regulations at 24 CFR part 576, coverage 

includes short- and medium-term rental 

assistance as provided in 24 CFR 

576.407(g)), the Continuum of Care 

program (with implementing regulations 

at 24 CFR part 578), and the Rural 

Housing Stability Assistance program 

(with regulations forthcoming, see 

March 27, 2013, proposed rule at 78 FR 

18726, and 78 FR 18746).9 For the 

Continuum of Care program, the VAWA 

protections apply to all permanent 

housing and transitional housing, 

except safe havens,10 for which 

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projects as long as the project continues to operate 

in accordance with certain requirements. See 

https://www.hudexchange.info/resources/

documents/SafeHavenFactSheet_CoCProgram.PDF. 

A safe haven is a form of supportive housing that 

serves hard-to-reach homeless persons with severe 

mental illness, who come primarily from the streets 

and have been unable or unwilling to participate in 

housing or supportive services. 

11Funding, for example, to cover mediation, 

credit counseling, or case management are homeless 

prevention activities not covered by VAWA. 

12A commenter asked whether Moving-to-Work 

PHAs must comply with VAWA and the answer is 

yes. They are not exempt from compliance. 

13See HUD’s October 29, 2010, proposed rule at 

75 FR 66970. 

Continuum of Care grant funds are used 

for acquisition, rehabilitation, new 

construction, leasing, rental assistance, 

or operating costs. The VAWA 

protections also apply where funds are 

used for homelessness prevention, but 

only where the funds are used to 

provide short- and/or medium-term 

rental assistance.11

(6) Multifamily rental housing under 

section 221(d)(3) of the National 

Housing Act (12 U.S.C. 17151(d)) with 

a below-market interest rate (BMIR) 

pursuant to section 221(d)(5), with 

implementing regulations at 24 CFR part 

221. The Section 221(d)(3) BMIR 

program insured and subsidized 

mortgage loans to facilitate new 

construction or substantial 

rehabilitation of multifamily rental 

cooperative housing for low- and 

moderate-income families. The program 

is no longer active, but Section 221(d)(3) 

BMIR properties that remain in 

existence are covered by VAWA. 

Coverage of Section 221(d)(3)/(d)(5) 

BMIR housing does not include section 

221(d)(3)/(d)(5) BMIR projects that 

refinance under section 223(a)(7) or 

223(f) of the National Housing Act 

where the interest rate is no longer 

determined under section 221(d)(5). 

(7) Multifamily rental housing under 

section 236 of the National Housing Act 

(12 U.S.C. 1715z–1), with implementing 

regulations at 24 CFR part 236. Coverage 

of the Section 236 program includes not 

only those projects with mortgages 

under section 236(j) of the National 

Housing Act, but also non-FHA-insured 

projects that receive interest reduction 

payments (‘‘IRP’’) under section 236(b) 

of the National Housing Act and 

formerly insured Section 236 projects 

that continue to receive interest 

reduction payments through a 

‘‘decoupled’’ IRP contract under section 

236(e)(2) of the National Housing Act. 

Coverage also includes projects that 

receive rental assistance payments 

authorized under section 236(f)(2) of the 

National Housing Act. 

(8) HUD programs assisted under the 

United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.), specifically, public 

housing under section 6 of the 1937 Act 

(42 U.S.C. 1437d) 12 (with regulations at 

24 CFR chapter IX), tenant-based and 

project-based voucher assistance under 

section 8 of the 1937 Act (42 U.S.C. 

1437f) (with regulations at 24 CFR 

chapter VIII and IX), and the Section 8 

Moderate Rehabilitation Single-Room 

Occupancy (SRO) (with implementing 

regulations at 24 CFR part 882, subpart 

H). 

(9) The Housing Trust Fund (12 

U.S.C. 4568) (with regulations 

forthcoming). In addition to the 

statutorily covered housing programs, 

HUD proposes to include in the 

definition of ‘‘covered housing 

programs’’ the Housing Trust Fund 

(HTF). In its proposed rule to establish 

program regulations for HTF, published 

on October 29, 2010, at 75 FR 66978, 

HUD proposed to codify the HTF 

program regulations in the same CFR 

part, 24 CFR part 92, in which the 

HOME program regulations are codified. 

HUD stated that the reason for the 

proposed codification of the HTF 

regulations in the same CFR part as the 

HOME program regulations was that the 

two programs were similar to each other 

in most respects.13 Given the 

similarities between the HTF program 

and the HOME program, and the 

statutory coverage of the HOME 

program by VAWA 2013, HUD submits 

that the HTF is an appropriate program 

to add to the list of covered programs. 

Specific solicitation of comment 2: 

HUD specifically solicits comment on 

applying VAWA protections to rental 

housing assisted under the HTF 

program in the same manner that HUD 

is proposing to apply the VAWA 

protections to rental housing assisted 

under the HOME program. 

Covered housing provider (New): This 

rule proposes to add a definition of 

‘‘covered housing provider.’’ This term 

would be used in the part 5, subpart L, 

regulations to refer collectively to the 

individuals or entities under the VAWA 

covered housing programs, such as a 

public housing agency (PHA), state or 

local government, sponsor, owner, 

mortgagor, grantee, recipient, or the 

subrecipient that has responsibility for 

the administration and/or oversight of 

VAWA protections. The existing 

regulations in 24 CFR part 5, subpart L, 

reference only PHAs and owners and 

managers of assisted housing, reflecting 

the limited coverage by VAWA 2005. 

This rule proposes the term ‘‘covered 

housing providers,’’ to reflect that, 

under VAWA 2013, implementation of 

VAWA protections and responsibilities 

are not limited to PHAs, owners, and 

managers of assisted housing. 

The program-specific regulations for 

the HUD programs covered by VAWA 

identify the individual or entity that 

carries out the duties and 

responsibilities of the covered housing 

provider, as set forth in part 5, subpart 

L. For any of the covered housing 

programs, there may be more than one 

covered housing provider; that is, 

depending upon the VAWA duty or 

responsibility to be performed, the 

covered housing provider may not 

always be the same individual or entity. 

This is the case generally for the newly 

covered HUD programs, for the reasons 

discussed earlier in this preamble, and 

that is that they are not administered by 

a PHA as was the case under the HUD 

program covered by VAWA 2005. For 

example, in the Section 8 Housing 

Assistance Payment programs, for 

which regulations are found in 24 CFR 

parts 880, 883, 884, and 886, and for 

which administration involves both a 

PHA and an owner of the housing, it is 

the PHA, not the owner, that is 

responsible for distributing to 

applicants and tenants the ‘‘notice of 

occupancy rights under VAWA, and 

certification form’’ described at 24 CFR 

5.2005(a). It is the owner (not the PHA) 

that may choose to bifurcate a lease as 

described at 24 CFR 5.2009(a), and as 

discussed below, but it is the PHA, not 

the owner, that is responsible for 

providing the ‘‘reasonable time to 

establish eligibility for assistance 

following bifurcation of a lease’’ 

described at 24 CFR 5.2009(b), which is 

also discussed below. 

Domestic violence (Revised): HUD 

proposes to revise the definition of 

‘‘domestic violence’’ to reflect the 

statutory inclusion of ‘‘intimate partner’’ 

and ‘‘crimes of violence’’ in the 

definition for this term. (See 42 U.S.C. 

13925(a)(8).) Neither term is defined in 

title VI of VAWA of 2013. The term 

‘‘intimate partner’’ is defined in section 

40002(a) of VAWA 1994 (see 18 U.S.C. 

2266), and addressed (but not revised) 

in section 3 of VAWA 2013. Section 3 

of VAWA provides ‘‘universal 

definitions’’ for VAWA. (See 42 U.S.C. 

13925(a).) Title 18 of the U.S. Code 

addresses Crimes and Criminal 

Procedure, and part I, chapter 110A of 

this title addresses domestic violence 

and stalking. Section 2266 of title 18 

defines ‘‘intimate partner’’ to include a 

spouse, former spouse, a person who 

shares a child in common, and a person 

who cohabits or has cohabited as a 

spouse; or a person who is or has been 

in a romantic or intimate relationship, 

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as determined by factors such as the 

length and type of relationship; or any 

other person similarly situated to a 

spouse who is protected by the domestic 

or family violence laws of the State or 

tribal jurisdiction. The term ‘‘crime of 

violence’’ is defined in 18 U.S.C. 16 to 

mean: ‘‘an offense that has as an 

element the use, attempted use, or 

threatened use of physical force against 

the person or property of another, or (b) 

any offense that is a felony and that, by 

its nature, involves a substantial risk 

that physical force against the person or 

property of another may be used in the 

course of committing the offense.’’ HUD 

does not include the definitions for 

these terms but provides a crossreference to their definitions in title 18 

of the U.S. Code. 

Immediate family member (Removed): 

As noted earlier, VAWA 2013 replaces 

the definition of ‘‘immediate family 

member’’ and substitutes ‘‘affiliated 

individual.’’ HUD therefore proposes to 

remove the definition of ‘‘immediate 

family member’’ from the definition 

section. 

Sexual assault (New): While VAWA 

2005 contained provisions to protect 

victims of sexual assault (see 42 U.S.C. 

14043e–1), reference to victims of 

sexual assault was not included in the 

amendments to sections 6 and 8 of the 

1937 Act, which established the VAWA 

protections for HUD’s public housing 

and Section 8 programs. (See 42 U.S.C. 

1437d(3) and 1437f(9) prior to 

amendment by VAWA 2013.) VAWA 

2013 extends VAWA protections to 

victims of sexual assault for all HUDcovered housing programs. The term 

‘‘sexual assault’’ is statutorily defined as 

‘‘any nonconsensual sexual act 

proscribed by Federal, tribal, or State 

law, including when the victim lacks 

capacity to consent.’’ (See 42 U.S.C. 

13925(a).) 

This rule would add the definition of 

‘‘sexual assault’’ to the definitions in 24 

CFR part 5, subpart L, and would also 

add reference to victims of sexual 

assault where other victims protected 

under VAWA are addressed (i.e., 

victims of domestic violence, dating 

violence, sexual assault, or stalking) to 

the regulations for the covered housing 

programs. 

Stalking (Revised): VAWA 2013 

removed the definition of ‘‘stalking’’ in 

title VI, but a definition of ‘‘stalking’’ 

remains in title I of VAWA. Title I 

defines ‘‘stalking’’ as ‘‘engaging in a 

course of conduct directed at a specific 

person that would cause a reasonable 

person to—(A) fear for his or her safety 

or the safety of others; or (B) suffer 

substantial emotional distress.’’ (See 42 

U.S.C. 13925(a)(30)). HUD proposes to 

substitute this definition for the 

definition of ‘‘stalking’’ in § 5.2003. 

VAWA (Revised): This rule would 

revise the definition of VAWA to solely 

cite to the applicable U.S. Code 

citations. 

VAWA Protections (§ 5.2005)—Revised 

To Include New Protections 

VAWA 2013 expands on the 

protections provided by VAWA 2005, 

and which are currently codified in 

HUD’s regulations at 24 CFR 5.2005. 

VAWA 2005 obligated each PHA, 

owner, and manager of assisted housing 

to provide notice to tenants of their 

rights under VAWA, including the right 

to confidentiality. In addition, VAWA 

2005 obligated each PHA to provide 

notice to owners and managers of 

assisted housing of their rights and 

obligations under VAWA. These 

requirements are addressed in HUD’s 

existing regulations at 24 CFR 5.2005(a). 

Notice of occupancy rights under 

VAWA and certification form 

(§ 5.2005(a)(1)(i)) and (ii): VAWA 2013 

requires HUD, as opposed to the 

individual covered housing provider, to 

develop the notice of rights available 

under VAWA, which HUD refers to as 

the ‘‘Notice of Occupancy Rights under 

VAWA.’’ VAWA 2013 provides that 

each covered housing provider is to 

distribute the notice of occupancy rights 

developed by HUD, together with the 

certification form specified by VAWA 

2013 (discussed below). The notice and 

certification form are to be distributed at 

such times as directed by VAWA. 

VAWA 2013 states that the notice, to 

be developed by HUD, must also 

include the rights to confidentiality and 

the limits to such confidentiality. The 

confidentiality rights provided by 

VAWA and the limits on such rights, 

which are to be addressed in this notice, 

are also proposed to be codified in 

§ 5.2007(c) of HUD’s regulations, as 

further discussed below. VAWA 2013 

provides that any information submitted 

to a covered housing provider by an 

applicant or tenant (the individual), 

including the fact that the individual is 

a victim of domestic violence, dating 

violence, sexual assault, or stalking, 

shall be maintained in confidence by 

the covered housing provider and may 

not be entered into any shared database 

or disclosed to any other entity or any 

other individual, except to the extent 

that the disclosure is: (1) Requested or 

consented to by the individual in 

writing, (2) required for use in an 

eviction proceeding involving VAWA 

protections, or (3) otherwise required by 

applicable law. The ‘‘otherwise required 

by applicable law’’ includes any 

additional procedures that may be 

provided under the regulations of the 

applicable covered HUD programs, or as 

required by other Federal, State, or local 

law. 

Unlike the emergency transfer plan, 

discussed below, which VAWA 2013 

refers to as a ‘‘model plan,’’ the statute 

does not refer to the notice of occupancy 

rights as a ‘‘model’’ notice. HUD 

believes that the difference in referring 

to the emergency transfer plan as a 

model plan but not referring to the 

notice of occupancy rights as a model 

notice may pertain, with respect to the 

plan, to the ability and feasibility of a 

covered housing provider to transfer a 

victim of domestic violence, dating 

violence, sexual assault, or stalking to 

an available and safe unit, which may 

vary significantly given program 

differences. However, the basic 

protections of VAWA apply to all 

covered housing programs, 

notwithstanding program differences. 

HUD, therefore, reads the statutory 

provision as requiring covered housing 

providers to issue the notice as 

developed by HUD, without substantive 

changes to the core protections and 

confidentiality rights in the notice, but 

that covered housing providers should 

customize the notice to reflect the 

specific assistance provided under the 

particular covered housing program, 

and to their program operations that 

may pertain to or affect the notice of 

occupancy rights. For example, covered 

housing providers should add to the 

notice information that identifies the 

covered program at issue (e.g., Housing 

Choice Voucher program), the name of 

the covered housing provider (e.g., the 

Housing Authority of Any Town), how 

much time a tenant would be given to 

relocate to new housing in the event the 

covered housing provider undertakes 

lease bifurcation and the tenant must 

move from the unit, and any additional 

information and terminology that is 

used in the program and makes the 

notice of occupancy rights more 

meaningful to the applicants and 

tenants that receive the notice (e.g., use 

of ‘‘apartment’’ or ‘‘housing’’ in lieu of 

‘‘unit’’). 

Approved certification form 

(§ 5.2005(a)(1)(ii)): VAWA 2013 

provides that an approvable certification 

form is one that: (1) States that an 

applicant or tenant is a victim of 

domestic violence, dating violence, 

sexual assault, or stalking; (2) states that 

the incident of domestic violence, 

dating violence, sexual assault, or 

stalking that is the ground for VAWA 

protection meets the requirements 

under VAWA; and (3) includes the 

name of the individual who committed 

the domestic violence, dating violence, 

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sexual assault, or stalking, if the name 

is known and safe to provide. (See 42 

U.S.C. 14043e–11(c)(3).) 

Timing of distribution of notice of 

occupancy rights (§ 5.2005(a)(2)): 

VAWA 2013 directs the covered 

housing provider to provide the notice 

of occupancy rights and certification 

form to an applicant or tenant at the 

following times: (1) At the time the 

applicant is denied residency in a 

dwelling unit assisted under the 

covered housing program; (2) at the time 

the individual is admitted to a dwelling 

unit assisted under the covered housing 

program; and (3) at the time that any 

notification of eviction or notification of 

termination of rental assistance is 

issued. The proposed regulatory text 

includes these time periods but rewords 

the first two periods of time to read as 

follows: (1) At the time the applicant is 

denied assistance or admission under 

the covered housing program, and (2) at 

the time the individual is provided 

assistance or admission under the 

covered housing program. 

Specific solicitation of comment 3: 

Given the many HUD programs that are 

being added to VAWA coverage by 

VAWA 2013, HUD is considering 

requiring that, at a minimum, the newly 

covered HUD programs distribute the 

notice of occupancy rights and 

certification form to all current tenants 

and not only to new tenants (i.e., at the 

time an individual is provided 

assistance or admission under the 

covered housing program). HUD 

specifically solicits comment on this 

proposal and whether there is a less 

burdensome way to reach out to all 

existing tenants in the newly covered 

HUD programs about their rights under 

VAWA. 

Notice and certification form to be 

available in other languages 

(§ 5.2005(a)(3)): VAWA 2013 also 

requires the notice and certification 

form to be available in multiple 

languages, consistent with guidance 

issued by HUD, implementing title VI of 

the Civil Rights Act, which prohibits 

discrimination on the basis of race, 

color, and national origin. (42 U.S.C. 

14043e–11(d)(2).) The HUD Guidance 

was required by Executive Order 13116 

and implements HUD title VI and 

related regulations in 24 CFR 1.4. HUD’s 

Guidance requires recipients of Federal 

financial assistance to take reasonable 

steps to ensure meaningful access to 

programs and services by individuals 

with Limited English Proficiency (LEP) 

and to reduce barriers that can preclude 

meaningful access by LEP individuals. 

See HUD Final Guidance to Federal 

Financial Assistance Recipients 

Regarding Title VI Prohibition Against 

National Origin Discrimination 

Affecting Limited English Proficient 

Persons (January 22, 2007), available at 

http://www.gpo.gov/fdsys/pkg/FR-2007- 

01-22/pdf/07-217.pdf. The guidance 

contains a four-part individualized 

assessment for recipients to use to 

determine the extent of their 

obligations, and an appendix with 

examples of how the four-part 

assessment might apply. 

Prohibited basis for denial or 

termination of assistance or eviction 

(§ 5.2005(b)): As discussed above, 

VAWA 2013 provides, to the extent 

applicable, the same protections for 

applicants and tenants. This proposed 

rule would therefore combine the 

protections for applicants (currently 

found at § 5.2005(b)) and the protections 

for tenants (currently found at 

§ 5.2005(c)) into one paragraph at 

§ 5.2005(b). (See 42 U.S.C. 14043e– 

11(b)(1).) In proposed § 5.2005(b), 

paragraph (b)(1) would state the general 

prohibition pertaining to denial or 

termination of assistance or eviction. 

The prohibition, generally 

(§ 5.2005(b)(1)). Paragraph (b)(1) of 

§ 5.2005(b)(1) provides that, under a 

covered housing program, neither an 

applicant nor tenant assisted may be 

denied assistance or admission, have 

assistance terminated, or be evicted 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 under a covered housing 

program. 

Termination on the basis of criminal 

activity (§ 5.2005(b)(2)): In proposed 

§ 5.2005(b), paragraph (b)(2) would 

address the VAWA prohibition on 

denying or terminating assistance or 

evicting a tenant solely on the basis of 

criminal activity directly related to 

domestic violence, dating violence, 

sexual assault, or stalking if the tenant 

or affiliated individual is the victim or 

threatened victim of such activity. 

VAWA 2005 prohibited denying or 

terminating assistance or evicting a 

tenant solely on the basis of criminal 

activity directly related to domestic 

violence, dating violence, or stalking if 

the tenant or immediate family member 

is the victim of such activity. VAWA 

2013 expands the 2005 statutory 

prohibition to include reference to 

sexual assault and reference to affiliated 

individuals, and this rule would revise 

this protection to reflect the change in 

terminology. 

A commenter on the August 6, 2013, 

notice asked for clarification of the 

meaning of the term ‘‘directly relating’’ 

in the context of criminal activity 

stating that it assumed that the use of 

the word ‘‘directly’’ was intended to 

limit the reach of the protection. The 

commenter is correct. The prohibition 

in VAWA on denying or terminating 

assistance on the basis of criminal 

activity, is not intended to cover all 

criminal activity, such as criminal 

activity related to the selling and 

distribution of narcotics, but rather 

solely to the criminal activity that 

specifically relates to domestic violence, 

dating violence, sexual assault, or 

stalking. HUD believes that, read in 

context of the full VAWA provision, the 

term is clear and no further elaboration 

is needed. 

Construction of lease terms and terms 

of assistance (§ 5.2005(c)): Proposed 

new paragraph (c) of § 5.2005 would 

incorporate the direction of VAWA 2013 

on how to construe certain lease terms 

and terms of rental assistance. VAWA 

2013 provides that an incident of actual 

or threatened domestic violence, dating 

violence, sexual assault, or stalking 

shall not be construed as: (1) A serious 

or repeated violation of a lease executed 

under a covered housing program by the 

victim or threatened victim of such 

incident; or (2) good cause for 

terminating the assistance, tenancy, or 

occupancy rights under a covered 

housing program of a victim or 

threatened victim of such incident. (See 

42 U.S.C. 14043e–11(b)(2).) 

Although ‘‘actual or threatened’’ was 

removed by VAWA 2013 from almost all 

places that this term appeared in VAWA 

2005, VAWA 2013 retains its use here 

with respect to direction on how to 

construe leases. The limited use of 

‘‘actual or threatened’’ in VAWA 2013 

may be because the VAWA protections 

that are applicable to individuals under 

the ‘‘threat’’ of domestic violence, 

dating violence, sexual assault, or 

stalking are limited to tenants; thus, 

necessitating the need to reference to 

‘‘threatened’’ acts in determining lease 

violations. A tenant’s fear of 

‘‘threatened’’ harm also arises in the 

context of a tenant’s request to be 

transferred to another unit. (See 

discussion of the emergency transfer 

plan later in this preamble.) 

It is HUD’s position that consideration 

of ‘‘threatened’’ acts of domestic 

violence is an important component of 

reducing domestic violence, and the 

intent of VAWA is to reduce domestic 

violence. In support of this position, 

HUD notes that the term ‘‘crime of 

violence’’ is used in VAWA’s definition 

of ‘‘domestic violence.’’ ‘‘Crime of 

violence’’ is defined in 18 U.S.C. 16 to 

mean (a) an offense that has an element 

the use, attempted use, or threatened 

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use of physical force against the person 

or property of another or (b) any other 

offense that is a felony and that, by its 

nature, involves a substantial risk that 

physical force against the person or 

property of another may be used in the 

course of committing the offense. 

Limitation of VAWA protections 

(§ 5.2005(d)): Paragraph (d) of § 5.2005 

would continue to address the 

limitations of VAWA protections, but 

would be revised to reflect changes 

made by VAWA 2013. Those changes 

include the expansion of coverage of 

HUD programs beyond HUD’s public 

housing and Section 8 programs, and 

new terminology such as ‘‘affiliated 

individual.’’ 

HUD proposes to incorporate in 

§ 5.2005(d) the language currently found 

in paragraph (b) of § 5.2009 (Remedies 

available to victims of domestic 

violence, dating violence, sexual assault 

or stalking). Section 5.2009(b) addresses 

court orders and provides that nothing 

in VAWA may be construed to limit the 

authority of a covered housing provider 

to honor court orders and civil 

protection orders. HUD views this 

provision as a limitation on VAWA 

protections, since such orders may 

result in the disclosure of confidential 

information, and therefore has moved 

this language to § 5.2005(d)(1). 

Although not required by VAWA, 

HUD retains paragraph (d)(3) of existing 

§ 5.2005 (§ 5.2005(d)(4) in the proposed 

rule) that encourages a covered housing 

provider to evict or terminate assistance 

as provided in § 5.2005(d) only when 

there are no other actions that could be 

taken to reduce or eliminate the threat 

of domestic violence. This paragraph 

provides that any eviction or 

termination of assistance, as provided in 

the regulations, should be utilized by a 

covered housing provider only when 

there are no other actions that could be 

taken to reduce or eliminate the threat, 

including, but not limited to, 

transferring the victim to a different 

unit, barring the perpetrator from the 

property, contacting law enforcement to 

increase police presence or develop 

other plans to keep the property safe, or 

seeking other legal remedies to prevent 

the perpetrator from acting on a threat. 

This paragraph was added to HUD’s 

regulations in response to public 

comment in the prior rulemaking. 

Covered housing providers are strongly 

encouraged, although not mandated, to 

use eviction or termination as a last 

resort. 

Removal of definition of ‘‘actual and 

imminent threat’’ in § 5.2005: As noted 

earlier in this preamble, HUD proposes 

to move the definition of ‘‘actual and 

imminent threat’’ to the definition 

section, § 5.2003. 

Emergency transfer plan (§ 5.2005(e)): 

VAWA 2013 increases protection for 

victims of domestic violence, dating 

violence, sexual assault, and stalking by 

requiring HUD to develop and adopt a 

model emergency transfer plan for use 

by covered housing providers. HUD 

addresses the requirements for the 

emergency transfer plan in § 5.2005(e). 

VAWA 2013 provides that the 

emergency transfer plan: (1) Must allow 

tenants who are victims of domestic 

violence, dating violence, sexual 

assault, or stalking to transfer to another 

available and safe dwelling unit assisted 

under a covered housing program if the 

tenant expressly requests the transfer; 

the tenant reasonably believes that the 

tenant is threatened with imminent 

harm from further violence if the tenant 

remains within the same dwelling unit 

assisted under a covered housing 

program; or in the case of a tenant who 

is a victim of sexual assault, the sexual 

assault occurred on the premises during 

the 90-day period preceding the tenant’s 

request for transfer; and (2) must 

incorporate reasonable confidentiality 

measures to ensure that the covered 

housing provider does not disclose the 

location of the dwelling unit of a tenant 

to a person that commits an act of 

domestic violence, dating violence, 

sexual assault, or stalking against the 

tenant. (See 42 U.S.C. 14043e–11(e).) 

HUD emphasizes certain points about 

the statutory language. 

First, the statutory language refers to 

‘‘reasonable confidentiality measures’’ 

and HUD replaces ‘‘reasonable’’ with 

‘‘strict’’ confidentiality measures. HUD 

cannot overstate the importance of 

guarding the identity of victims of 

domestic violence, dating violence, 

sexual assault, and stalking and believes 

‘‘strict’’ better reflects the intent of 

VAWA, which is optimum protections 

for victims of domestic violence. 

Second, the statutory documentation 

requirements of VAWA, which are 

specified below in the discussion of 

§ 5.2007, are not statutorily required 

with respect to a tenant requesting an 

emergency transfer. Under a strict 

interpretation of section 41411(c)(1), 

(3)(A)(ii), and (3)(B)(ii) of VAWA, the 

statutory requirements regarding 

documentation only apply when a 

victim of domestic violence, dating 

violence, sexual assault, or stalking 

requests ‘‘protection under subsection 

(b)’’ of section 41411, which pertains 

only to lease bifurcation and the 

prohibited bases for denial or 

termination of assistance or eviction. 

Emergency transfers, in contrast, are 

covered in subsections (e) and (f) of 

section 41411 and the statute is silent 

regarding documentation requirements 

for requests for protection under those 

subsections. In addition, the statutory 

language refers to ‘‘tenants who are 

victims of domestic violence, dating 

violence, sexual assault, and stalking.’’ 

This phrasing possibly indicates that the 

tenant may have already been 

determined to be victim of domestic 

violence, dating violence, sexual 

assault, and stalking, and, therefore, no 

need for further documentation. 

HUD has reasonable discretion over 

what documentation requirements, if 

any, to apply or allow when victims of 

domestic violence, dating violence, 

sexual assault, or stalking request an 

emergency transfer from their existing 

unit to another safe and available unit. 

However, as noted earlier, because the 

statutory language refers to ‘‘victims of 

domestic violence’’ there is also the 

implication that the individual may 

have already been determined, through 

documentation, to be a victim of 

domestic violence and, therefore, 

further documentation would not be 

required. 

In § 5.2007, HUD provides that the 

documentation requirements specified 

in paragraph (a) of § 5.2007 do not apply 

to a request for an emergency transfer 

requested under § 5.2005(e), unless 

otherwise specified by HUD by notice, 

or by the covered housing provider in 

its emergency transfer plan. Inclusion in 

the emergency transfer plan of any 

documentation requirements related to 

emergency transfer provides earlier 

notification to tenants of documentation 

requirements that may be imposed by 

the covered housing provider. 

Specific solicitation of comment 4: 

HUD believes that documentation 

requirements pertaining to the need for 

an emergency transfer are important for 

both the tenant and the covered housing 

provider. HUD invites comments on 

requiring documentation in the 

situation in which a tenant who is a 

victim of domestic violence, dating 

violence, sexual assault, or stalking 

requests an emergency transfer from the 

tenant’s existing unit to another safe and 

available unit, and what that 

documentation might include. HUD 

welcomes commenters’ views on 

whether documentation requirements 

should be imposed for tenants 

requesting emergency transfer, and, if 

so, whether less stringent 

documentation requirements should 

apply due to the emergency nature of 

the requests or more stringent 

documentation requirements should 

apply due to the increased costs and 

risks that transfers might present to 

housing owners, grantees, and PHAs. 

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HUD also seeks comment on the 

possibility of requiring documentation 

after the emergency transfer has been 

achieved, which would then provide a 

record for the covered housing provider 

as to why such a move was necessary. 

The statutory language refers to 

transfer to an ‘‘available and safe 

dwelling unit assisted under a covered 

housing program.’’ The tenant must 

expressly request the transfer and the 

tenant reasonably believe that the tenant 

is threatened with imminent harm from 

further violence if the tenant remains 

within the same dwelling unit, or in the 

case of a tenant who is a victim of 

sexual assault, the sexual assault 

occurred on the premises during the 90- 

day period preceding the request for 

transfer. The use of the terms ‘‘available 

and safe unit’’ reflect the limits of the 

covered housing provider’s 

responsibility to transfer a victim of 

domestic violence, dating violence, 

sexual assault, or stalking to another 

unit. 

Under an emergency transfer, the 

covered housing provider relocates a 

tenant who is a victim of such actions 

from the unit in which the tenant is 

residing to another unit if the covered 

housing provider has a unit that is: (1) 

Not occupied and available to the tenant 

given possible considerations that may 

be applicable, such as eligibility 

requirements, waiting list, tenant 

preferences or prioritization, unit 

restrictions, or term limitations; and (2) 

safe (for example, an unoccupied unit 

immediately next door to the unit in 

which the victim is residing would, on 

its face, be safer than the unit in which 

the victim is currently residing, but the 

degree and extent of safety may be 

questionable if the perpetrator remains 

in the unit in which the victim was 

residing). 

HUD reads ‘‘under a covered housing 

program’’ to mean the covered housing 

provider must, at a minimum, transfer 

the tenant to a unit under the provider’s 

control and assisted under the same 

covered program as the unit in which 

the tenant was residing, again, if a unit 

is available and is safe. An example of 

the meaning of control can be found in 

the Section 202 Supportive Housing for 

the Elderly program. Under this 

program, a covered housing provider 

would not be able to transfer a tenant to 

another Section 202 project that has a 

sponsor that is different from the 

sponsor of the project in which the 

tenant who is seeking to move is 

residing. 

A covered housing provider, however, 

may transfer the tenant to a unit assisted 

under another covered program 

administered by the covered housing 

provider if a unit is available and safe, 

and if feasible given any possible 

differences in tenant eligibility. HUD 

provides in § 5.2005(e) that, with 

respect to emergency transfer of tenants, 

nothing in § 5.2005(e) is to be construed 

to supersede any eligibility, or other 

occupancy requirements, that may 

apply under a covered housing program. 

Specific solicitation of comment 5: 

HUD also specifically solicits comment 

on available and safe dwelling units that 

a covered housing provider is required 

to consider in transferring a tenant, who 

expressly requests a transfer, as a result 

of an incident of domestic violence, 

dating violence, sexual assault, or 

stalking. 

Specific solicitation of comment 6: 

HUD further solicits comment on 

whether it would be helpful to covered 

housing providers if HUD issues a 

model transfer request that includes the 

criteria for requesting the transfer; i.e., 

reasonable belief that the tenant is being 

threatened. 

HUD notes that HUD’s Section 8 

tenant-based rental program allows a 

family to move with continued 

assistance within a PHA’s jurisdiction 

or to another PHA’s jurisdiction 

(portability). The Section 8 tenant-based 

regulations at 24 CFR 982.314 provide 

that a family or member of a family may 

move with continued assistance if the 

move is needed to protect the health 

and safety of the family or family 

member as a result of domestic violence, 

dating, violence, sexual assault, or 

stalking, or any family member has been 

the victim of a sexual assault that 

occurred on the premises during the 90- 

day period preceding the family’s 

request to move. This regulation 

provides that a PHA may not terminate 

assistance if a family moves with or 

without prior notification to the PHA 

because the family or member of the 

family reasonably believed they were in 

imminent threat from further violence 

(however, any family member that has 

been the victim of a sexual assault that 

occurred on the premises during the 90- 

day period preceding the family’s move 

or request to move, is not required to 

believe that he or she was threatened 

with imminent harm from further 

violence if he or she remained in the 

dwelling unit). 

HUD’s Continuum of Care (CoC) 

program regulations currently provide 

for transfer of tenant-based rental 

assistance for a family fleeing domestic 

violence, dating violence, sexual 

assault, or stalking. HUD’s regulation at 

24 CFR 578.51(c)(3) covers program 

participants who have complied with all 

program requirements during their 

residence and who have been victims of 

domestic violence, dating violence, 

sexual assault, or stalking. Section 

578.51(c)(3) provide that program 

participants must reasonably believe 

they are imminently threatened by harm 

from further domestic violence, dating 

violence, sexual assault, or stalking 

(which would include threats from a 

third party, such as a friend or family 

member of the perpetrator of the 

violence). If program participants 

remain in the assisted unit, 

§ 578.51(c)(3) provides that they must be 

able to document the violence and the 

basis for their belief. If program 

participants receiving tenant-based 

rental assistance satisfy the 

requirements of 24 CFR 578.51(c)(3), 

then they may retain rental assistance 

and move to a different CoC geographic 

area if they choose to move out of the 

assisted unit to protect their health and 

safety. 

HUD is aware that the transfers of 

tenants from one unit to another are not 

without costs, and HUD proposes that 

covered housing providers follow, to the 

extent possible, existing policies and 

procedures in place with respect to 

transfers, and make every effort to 

facilitate transfers as quickly as 

possible, and to minimize such costs or 

bear such costs, where possible, 

consistent with existing policies and 

practices. HUD’s CoC regulations, in 

addition to containing regulations that 

provide for a victim of domestic 

violence, dating violence, sexual 

assault, or stalking to retain his or her 

tenant-based rental assistance and move 

to a different CoC geographic area, 

include reasonable one-time moving 

costs as eligible supportive services 

cost. (See 24 CFR 578.53(e)(2).) 

Specific solicitation of comment 7. 

For covered housing providers that have 

been involved in a transfer of tenants 

from one unit, regardless of the reason 

for the transfer, HUD specifically 

solicits comment on the costs of such 

transfer (including information on who 

bears the costs of the transfer) and the 

paperwork involved to achieve such 

transfer. For covered housing providers 

that have not been involved in transfers, 

HUD solicits comment on the 

anticipated costs of such transfer and 

anticipated paperwork involved. 

VAWA documents: In addition to the 

proposed amendments discussed above, 

the appendices to the proposed rule 

present for public comment the 

documents that HUD is required to 

develop by VAWA: Appendix A to this 

proposed rule presents the notice of 

occupancy rights; Appendix B presents 

the model emergency transfer plan; and 

Appendix C presents the proposed 

certification form. 

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17558 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

Documenting the Occurrence of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking (§ 5.2007) 

This proposed rule would amend 

§ 5.2007, which addresses documenting 

domestic violence, dating violence, or 

stalking and, now, following VAWA 

2013, documenting sexual assault. The 

proposed rule would also revise the 

heading of this section to include 

reference to ‘‘sexual assault.’’ VAWA 

2013 does not make significant changes 

to the documentation content and 

procedures required by VAWA 2005. 

The types of documents that an 

applicant or tenant are eligible to submit 

are largely the same as in HUD’s 

existing VAWA regulations, but there 

are some changes. 

Request for documentation 

(§ 5.2007(a)): As is the case in the 

current regulations, if an applicant for 

assistance, or a tenant assisted under a 

covered housing program represents to 

the covered housing provider that the 

individual is entitled to the protections 

under § 5.2005, or to remedies under 

§ 5.2009, the covered housing provider 

may request that the applicant or tenant 

submit to the covered housing provider 

the documentation required in § 5.2007. 

If the covered housing provider makes 

this request, the request must be in 

writing. As noted earlier in this 

preamble, the documentation 

requirements in § 5.2007(a) are not 

specified in this proposed rule as 

applicable to a request made by the 

tenant for an emergency transfer under 

§ 5.2005(e), but HUD is considering 

requiring documentation for tenants 

requesting emergency transfer and has, 

earlier in this preamble, specifically 

solicited comment on this issue. 

Timeline for submission of requested 

documentation (§ 5.2007(a)(2)(ii)): The 

time period for an applicant or tenant to 

submit documentation remains 14 

business days following the date that 

the covered housing provider requests, 

in writing, such documentation. This is 

the same as in the existing regulations 

and, as in the existing regulation, the 

covered housing provider can extend 

the time period for the applicant or 

tenant to submit the necessary 

documentation. 

Permissible documentation and 

submission requirements (§ 5.2007(b)): 

HUD proposes to reorganize existing 

§ 5.2007 to consolidate the 

documentation requirements, including 

submission requirements, into 

paragraph (b). Under this proposed 

reorganization an applicant or tenant’s 

statement or other evidence is now 

included in paragraph (b), along with 

the other forms of documentation, 

instead of in a separate paragraph in 

§ 5.2007, as is currently found in HUD’s 

existing regulations at § 5.2007(d). 

Paragraph (b), as proposed to be revised 

by this rule, would also address failure 

to provide the documentation (currently 

§ 5.2007(c)) and conflicting evidence 

presented by the applicant or tenant 

(currently § 5.2007(e)). Paragraph (b) 

would also incorporate the statutory 

language, new to VAWA 2013, that 

provides that nothing in VAWA 2013 

shall be construed to require a covered 

housing provider to request that an 

individual submit documentation of the 

status of the individual as a victim of 

domestic violence, dating violence, 

sexual assault, or stalking. 

Certification form (§ 5.2007(b)(1)(i)): 

VAWA 2013 retains, as acceptable 

documentation, a certification form, 

approved by HUD. The certification 

form, as acceptable documentation, is 

addressed in HUD’s existing regulations 

at § 5.2007(b), and, under this proposed 

rule would be addressed in 

§ 5.2005(a)(1)(ii). 

As a result of VAWA 2005, HUD 

issued two approved certification forms. 

Form HUD–50066 is used for covered 

housing programs administered by 

HUD’s Office of Public and Indian 

Housing. Form HUD–91066 is used for 

covered housing programs administered 

by HUD’s Office of Multifamily 

Housing, Office of Housing. These forms 

are available at: http://portal.hud.gov/

hudportal/HUD?src=/program_offices/

administration/hudclips/forms/. 

Through the Paperwork Reduction 

Act process, the HUD covered housing 

programs will combine these forms into 

one (to be used for all programs) and 

modify the language to reflect updated 

terminology. The proposed combined 

certification form is modified to 

abbreviate the space given to a victim to 

describe the incident of domestic 

violence. HUD was concerned that the 

length of space made available on the 

form signaled that a very detailed 

description was required, which is not 

the case. As noted earlier in this 

preamble, HUD’s proposed certification 

form is provided in Appendix C to this 

rule. 

Specific solicitation of comment 8: 

HUD specifically solicits comment on 

the content of the proposed certification 

form. Specifically, HUD solicits 

comment from housing providers, as 

well as victims, survivors, and their 

advocates, who have experience with 

forms HUD–50066 and HUD–91066, 

about whether these forms have been 

useful and whether HUD should make 

any changes to the new proposed 

certification form provided in Appendix 

C. 

Document signed by a professional 

(§ 5.2007(b)(1)(ii)): VAWA 2013 retains 

as an acceptable document, a document 

signed by an employee, agent, or 

volunteer of a victim service provider; 

an attorney; medical professional; or 

mental health professional (collectively 

‘‘professionals’’ and ‘‘professional’’ 

individually) from whom the victim has 

sought assistance. In addition to the 

professionals listed in VAWA 2005, 

VAWA 2013 provides that the 

document may include the signature 

from a mental health professional. 

VAWA 2013 eliminates the requirement 

that the professional attest that the 

incident of abuse is ‘‘bona fide.’’ VAWA 

2013 provides that the professional 

must attest, under penalty of perjury, 

the professional’s belief in the 

occurrence of the incident of domestic 

violence, dating violence, sexual 

assault, stalking, that is grounds for 

protection under VAWA, and that the 

incident meets the definition of the 

applicable abusive action as provided in 

§ 5.2003. 

Official government or court records 

(§ 5.2007(b)(1)(iii)): VAWA 2013 

continues to provide, as acceptable 

documentation of domestic violence, 

dating violence, sexual assault, and 

stalking, a Federal, State, tribal, 

territorial, or local police or court record 

and adds to this a record provided by 

an administrative agency, such as a state 

child protective services agency. An 

administrative agency, under a 

dictionary for legal terminology, is a 

governmental body with the authority to 

implement and administer particular 

legislation. (See Black’s Law Dictionary, 

8th Edition, 1999.) 

Other documentation acceptable to 

the covered housing provider 

(§ 5.2007(b)(1)(iv)): In addition to the 

documentation specified by the statute, 

VAWA 2013 gives the housing provider 

the discretion to accept documentation 

other than that prescribed by statute. 

This provision is comparable to the 

provision in VAWA 2005 which 

allowed the covered housing provider to 

accept an individual’s verbal statements 

or other corroborating evidence. 

Conflicting documentation 

(§ 5.2007(b)(2)): Paragraph (b)(2) 

specifies the actions that a covered 

housing provider may take if the 

covered housing provider is confronted 

with conflicting documentation about 

the incident of domestic violence, 

dating violence, sexual assault, or 

stalking. This paragraph provides, as 

does the existing regulation on 

conflicting documentation, that if the 

covered housing provider receives 

documentation under § 5.2007(b)(1) that 

contains conflicting information 

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14As noted later in this preamble, under some 

covered programs, the covered housing provider 

that bifurcates the lease (the owner of the assisted 

housing) may not be the covered housing provider 

(for example, the PHA) that determines family 

eligibility for assistance. For example, the PHA (not 

the owner) is the covered housing provider 

responsible for providing the ‘‘Notice of occupancy 

rights under VAWA, and certification form’’ 

described at § 5.2005(a). In addition, the owner (not 

the PHA) is the covered housing provider that may 

choose to bifurcate a lease as described at 

§ 5.2009(a), but the PHA (not the owner) is the 

covered housing provider responsible for providing 

the ‘‘Reasonable time to establish eligibility for 

assistance following bifurcation of a lease’’ 

described at § 5.2009(b).’’ See proposed regulations 

at § 982.53(e). 

(including certification forms from two 

or more members of a household each 

claiming to be a victim and naming one 

or more of the other petitioning 

household members as the perpetrator), 

the covered housing provider may 

require an applicant or tenant to submit 

third-party documentation as provided 

in § 5.2007(b)(1)(ii) or (b)(iii). The 

statute specifies no time period in 

which the third-party documentation is 

to be submitted. 

Specific solicitation of comment 9: 

HUD specifically solicits comment on 

whether the 14-business-day time 

period for submitting documentation 

requested by the covered housing 

provider under § 5.2007(a)(2)(ii) should 

also apply to a third-party document 

requested under (§ 5.2007(b)(2). VAWA 

establishes the 14-business-day 

minimum time period for the victim to 

submit the requested documentation to 

the covered housing provider, and this 

time frame seems reasonable as a 

starting base for submission of thirdparty documentation, but this specific 

solicitation of comment recognizes that 

more time may be needed by the victim 

to obtain third-party documentation. 

Confidentiality requirements 

(§ 5.2007(c)): The confidentiality 

requirements are revised primarily to 

reflect terminology changes in the 

statute. However, with respect to 

entering any information pertaining to 

an individual being a victim of domestic 

violence, dating violence, sexual 

assault, or stalking (confidential 

information) into a shared database, 

VAWA 2013 changed the ‘‘shall not be 

entered’’ to a ‘‘may not be entered,’’ but 

retains the exceptions to such 

prohibition. HUD is retaining the ‘‘shall 

not’’ phrasing that is in HUD’s existing 

regulations. Given that VAWA 2013 

continues to carve out exceptions to the 

prohibition on disclosure, and given 

that VAWA 2013 retains the ‘‘shall be 

maintained in confidence’’ clause, it is 

HUD’s view that the prohibition is firm, 

not discretionary, unless one of the 

exceptions is present. 

The statute and HUD’s existing 

regulations provide that the VAWArelated information provided by a tenant 

shall be kept confidential unless 

required to be disclosed, among other 

permissible actions, for use in an 

eviction proceeding. HUD adds that 

disclosure is also permissible for use in 

a hearing regarding termination of 

assistance from the covered program. 

VAWA 2013 provides that the 

information provided by a tenant that is 

a victim of domestic violence, dating 

violence, sexual assault, or stalking 

must be kept confidential unless 

requested or consented by the 

individual in writing, required for use 

in an eviction proceeding, or otherwise 

required by law. A hearing to determine 

termination of assistance is required in 

some covered housing programs. 

The remaining changes made to 24 

CFR 5.2007 are those required to extend 

VAWA provisions to victims of sexual 

assault, and to expand the HUD 

programs subject to the regulations 

under VAWA 2013. 

Remedies Available to Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking (§ 5.2009) 

As with the other sections in 24 CFR 

part 5, subpart L, this proposed rule 

would amend § 5.2009, which addresses 

remedies available for victims, to 

include victims of sexual assault and 

would revise the heading of this section 

to include the same. 

Lease bifurcation: Existing § 5.2009(a) 

addresses the option (not a mandate) of 

a covered housing provider to bifurcate 

a lease to evict, remove, or terminate 

assistance to a perpetrator of a VAWA 

crime without evicting, removing, or 

terminating rental assistance to the 

remaining tenants. This option was 

provided in VAWA 2005. HUD’s 

existing regulations in § 5.2009 provide 

that notwithstanding any Federal, State, 

or local law to the contrary, a PHA, 

owner, or management agent (the 

housing providers covered under 

VAWA 2005) may bifurcate a lease. The 

existing regulations also emphasize that, 

consistent with VAWA 2005, any 

eviction, removal, or termination of 

occupancy rights or assistance must be 

carried out in accordance with the 

procedures prescribed by Federal, State 

or local law for termination of 

assistance. 

VAWA 2013 does not reflect that 

bifurcation of a lease may occur 

‘‘notwithstanding any Federal, State, or 

local law to the contrary’’ but does 

reiterate the language in VAWA 2005 

that the option to bifurcate a lease is 

subject to other Federal, State, or local 

law that may address bifurcation of a 

lease. Accordingly, HUD would revise 

§ 5.2009(a) to remove the 

‘‘notwithstanding’’ clause. 

By providing that bifurcation of lease 

is an option, not a mandate, VAWA 

2005 and VAWA 2013 both recognize 

that this remedy may not be an option 

in all covered housing programs, given 

statutory requirements of the program. 

Reasonable time to establish eligibility 

for assistance or find alternative 

housing following bifurcation of a lease 

(§ 5.2009(b)): VAWA 2013 adds another 

remedy for victims of domestic 

violence, dating violence sexual assault, 

and stalking, which will be added at 

§ 5.2009(b)(1). The new remedy 

provides that if a covered housing 

provider exercises the option to 

bifurcate a lease and evicts, removes, or 

terminates assistance to the individual 

who was the perpetrator of domestic 

violence, dating violence, sexual 

assault, or stalking, and that individual 

was the tenant eligible for assistance 

under the covered housing program, the 

covered housing provider shall provide 

any remaining tenant the opportunity to 

establish eligibility for assistance under 

the covered housing program. If the 

remaining tenant cannot establish 

eligibility, the covered housing provider 

shall provide the tenant with a 

reasonable period of time, as 

determined by HUD, to find new 

housing or to establish eligibility for 

assistance under another covered 

housing program.14 (See 42 U.S.C. 

14043e–11(b)(3)(B).) VAWA provides 

that the purpose of this provision is to 

not penalize the tenant victim or other 

tenants, who are not the perpetrators 

and are not eligible for assistance, by 

leaving them without housing. 

The complication that this provision 

presents is whether the authorizing 

statutes for the covered housing 

programs allow continued assistance to 

any individual if eligibility has not been 

established. Several commenters raised 

this concern in response to the August 

6, 2013, notice, and asked if assistance 

would continue once the only eligible 

tenant was removed. The response 

varies given the statutory framework of 

each program. 

For example, HUD’s HOPWA program 

already has in place in its regulations at 

24 CFR part 574, a provision that 

allows, in limited instances, a surviving 

member or members of a household 

residing in a unit receiving assistance 

under the HOPWA program to remain in 

the unit. Section 574.310(e) of HUD’s 

HOPWA regulations provides that with 

respect to the surviving member or 

members of a family who were living in 

a unit assisted under the HOPWA 

program with the person with AIDS at 

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the time of his or her death, housing 

assistance and supportive services 

under the HOPWA program shall 

continue for a grace period following 

the death of the person with AIDS. The 

grantee or project sponsor shall 

establish a reasonable grace period for 

continued participation by a surviving 

family member, but that period may not 

exceed 1 year from the death of the 

family member with AIDS. The grantee 

or project sponsor shall notify the 

family of the duration of their grace 

period and may assist the family with 

information on other available housing 

programs and with moving expenses. 

HUD proposes to amend this section to 

allow for the grace period to include 

victims of domestic violence, and to 

further establish that the minimum 

grace period can be no less than 90 days 

(the minimum time period HUD is 

proposing as discussed below) and the 

maximum period can be no more than 

1 year as provided in the existing 

regulations. 

HUD’s CoC program has a similar 

provision in its regulations at 24 CFR 

part 578 for permanent supportive 

housing projects. Section 578.75(i) of 

the CoC regulations provides that for 

permanent supportive housing projects, 

surviving members of any household 

who were living in a unit assisted under 

this part at the time of the qualifying 

member’s death, long-term 

incarceration, or long-term 

institutionalization, have the right to 

rental assistance under this section until 

the expiration of the lease in effect at 

the time of the qualifying member’s 

death, long-term incarceration, or longterm institutionalization. HUD would 

propose to amend this section to allow 

for the CoC grace period to extend to 

tenants (permanent supportive housing 

tenants) needing to establish eligibility 

after lease bifurcation. 

As noted earlier, under VAWA 2013, 

reasonable time to establish eligibility 

for assistance is required if the covered 

housing provider opts to bifurcate the 

lease. Therefore, covered housing 

providers that exercise the bifurcation of 

lease option must be certain that, under 

the requirements of the covered housing 

program, they can provide the 

remaining tenant or tenants reasonable 

time to establish eligibility and allow 

the tenants to remain in the housing 

unit without assistance or to have the 

assistance continued for a reasonable 

period of time until eligibility is 

established. If the tenant cannot 

establish eligibility within a reasonable 

time, after the bifurcation of the lease 

the covered housing provider shall also 

provide the tenant reasonable time to 

find new housing or to establish 

eligibility for housing under another 

covered housing program. 

HUD recognizes that, under some 

covered programs, the covered housing 

provider that bifurcates the lease (the 

owner of the assisted housing) may not 

be the covered housing provider (for 

example, the PHA) that determines 

family eligibility for assistance. This 

situation emphasizes the importance of 

the regulations for the specific covered 

housing program in determining how 

certain VAWA provisions are to be 

implemented. 

Specific solicitation of comment 10: 

HUD specifically solicits comments on 

actions that covered housing providers 

may be able to take to help remaining 

tenants stay in housing or to continue to 

receive assistance consistent with 

requirements of the existing covered 

housing program. HUD also solicits 

comment on how a covered housing 

provider may establish an interim rent 

obligation on the remaining tenant 

during the time afforded to establish 

eligibility. It could be the case that HUD 

would not cover the assistance and an 

individual would have to pay a full 

rental amount. In such case, how would 

such a rental amount be determined and 

would rent be based on, for example, 

the subsidy HUD provides to the PHA 

for the unit. 

Specific solicitation of comment 11: 

In addition to seeking comment, 

generally, on actions a covered housing 

provider may take to keep tenants in 

housing, HUD seeks comment on its 

Emergency Solutions Grants and CoC 

programs. HUD specifically requests 

comment on what lease requirements 

should apply when tenant-based rental 

assistance is used for homelessness 

prevention under the Emergency 

Solutions Grants and CoC programs, and 

the family wishes to stay in its existing 

housing. 

Reasonable period of time to establish 

eligibility: VAWA 2013 leaves it to the 

applicable Federal agency, in this case 

HUD, to establish a reasonable time for 

any remaining tenants, following 

bifurcation of a lease, to establish 

eligibility. If the tenant cannot establish 

eligibility after the bifurcation of the 

lease, the covered housing provider 

shall provide the tenant reasonable time 

to find new housing or to establish 

eligibility for housing under another 

covered housing program. HUD would 

establish this reasonable period in 

§ 5.2009(b)(2). 

Commenters on the August 6, 2013, 

notice offered several time periods as 

being a reasonable time period to 

establish eligibility. The majority of the 

commenters submitted a time period of 

no less than 60 days and a maximum of 

90 days. A few commenters submitted 

that the time period should be 120 days, 

and a few others suggested a 180-day 

period. Some commenters suggested 

that HUD allow the housing provider to 

determine the reasonable period of time 

to establish eligibility, but the majority 

of commenters did not favor that 

approach. 

HUD agrees with those commenters 

recommending that 90 days would be a 

reasonable period for the remaining 

tenant or tenants to establish eligibility. 

For HUD covered housing programs, 

such as HUD’s HOPWA program and 

CoC program, which already provide an 

‘‘eligibility grace period,’’ HUD does not 

propose to alter those periods, but rather 

would amend those regulations to 

extend those grace periods to victims of 

domestic violence. HUD proposes to 

establish the 90-day period for the HUD 

covered housing programs that do not 

currently have an eligibility grace 

period. 

In determining what may constitute a 

reasonable period to establish eligibility, 

HUD looked at its regulations in 24 CFR 

part 5, subpart B (Disclosure and 

Verification of Social Security Numbers 

and Employer Identification Numbers; 

Procedures for Obtaining Income 

Information) as a possible model to 

determine a reasonable period to 

provide to a tenant to establish 

eligibility under a covered housing 

program. A period of 90 calendar days 

is used in HUD’s regulation at 24 CFR 

5.216 (Disclosure and verification of 

Social Security and Employer 

Identification Numbers) to allow for a 

household to obtain a Social Security 

number for a new household member 

that is under the age of six. (See 24 CFR 

5.216(e)(ii).) A period of 90 calendar 

days is also used as the period to allow 

an applicant to produce a Social 

Security number to maintain eligibility 

to for participation in the Section 8 

Moderate Rehabilitation Single Room 

Occupancy (SRO) program for Homeless 

Individuals under 24 CFR part 882, 

subpart H. (See 24 CFR 5.216(h)(2).) 

HUD viewed these ‘‘disclosure’’ 

regulations as providing support that a 

minimum 90-day period presents a 

reasonable period to establish eligibility 

under a HUD covered housing program. 

HUD notes that VAWA 2013 directs 

that the covered housing provider ‘‘shall 

provide’’ the remaining tenant (or 

tenants) with reasonable time to find 

new housing or to establish eligibility 

for the housing in which the tenant 

currently resides. HUD therefore 

proposes a minimum 90-day period that 

would be divided into two time periods: 

One time period would be to establish 

eligibility to remain in the unit in which 

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15Although HOPWA is primarily a formula 

program, it does have a competitive grant 

component that is funded annually. 

the tenant is now residing, and a second 

time period would be to allow the 

tenant to locate alternative housing if 

the tenant is unable to establish 

eligibility for the unit in which the 

tenant is now residing. 

For the first period, the rule provides 

for 60 calendar days, commencing from 

the date of bifurcation of the lease, for 

the tenant to establish eligibility to 

remain in the unit in which the tenant 

is now residing. For the second 

reasonable period, the rule provides for 

30 calendar days, commencing from the 

61st date from the date of bifurcation of 

the lease for the tenant to find 

alternative housing. 

Of course, during first (60 days) 

period and the second (30 days) period, 

the tenant may undertake efforts to both 

establish eligibility to remain in the unit 

in which the tenant is residing and to 

find alternative housing. HUD is 

proposing division of the time period 

for the tenant to obtain housing so that 

the tenant has sufficient opportunity to 

explore both options, provided by 

statute, for the tenant to obtain housing. 

A covered housing provider is strongly 

encouraged to assist a tenant in efforts 

to establish eligibility for the covered 

housing in which the tenant is 

participating, and then assist in finding 

alternative housing if it no longer seems 

possible that the tenant will be able to 

establish eligibility for the covered 

housing program. 

For each of these time periods, the 

proposed rule would allow, but not 

mandate, covered providers to grant an 

extension for up to 30 days, subject, 

however, to the program regulations 

under the applicable covered housing 

program authorizing the covered 

housing provider to grant an extension, 

as part of the covered housing providers 

standard policies and practices or, 

alternatively, granting such an extension 

on a case-by-case basis. For some 

covered housing programs—for 

example, HUD’s public housing and 

Section 8 voucher programs where 

demand for available housing and 

assistance is high—a period of more 

than 90 days may adversely affect 

applicants waiting for admission to 

public housing or receipt of a voucher, 

and, therefore, for these programs, the 

proposed is for a maximum period of 90 

days, without an extension. 

It is important to note that the 

reasonable time period may only be 

provided to tenants by covered housing 

providers that remain subject to the 

requirements of the other covered 

housing program once the eligible 

tenant departs the unit. Therefore the 

reasonable time period does not apply, 

generally, if the only assistance 

provided is tenant-based rental 

assistance. For such assistance, the 

assistance is tied to the tenant not the 

unit. However, where the assistance is 

tied to the unit, such as project-based 

assistance, operating assistance, or 

construction or rehabilitation assistance, 

the covered housing provider may 

provide the reasonable period of time to 

establish eligibility. 

In addition, it is the tenant’s 

responsibility to establish eligibility for 

assistance under the covered housing 

program or find alternative housing. 

While the covered housing provider 

may assist the tenant in the individual’s 

efforts to establish eligibility for 

assistance under a covered housing 

program, or find alternative housing, 

and is encouraged to do so, the 

responsibility remains with the tenant 

to establish eligibility for assistance or 

find alternative housing. 

Specific solicitation of comment 12: 

HUD specifically solicits comment on 

the ‘‘reasonable’’ time periods proposed 

in this rule. HUD recognizes that all of 

its covered rental programs have waiting 

lists for individuals and families already 

determined to be eligible who are 

waiting on an available unit to occupy. 

On the other hand, HUD wants to 

ensure that, consistent with the statute, 

covered housing providers allow 

sufficient time for individuals and 

families already occupying the unit to 

remain in the unit if possible, and not 

further contribute to populations 

lacking housing stability. 

In this regard, HUD has added a new 

paragraph (c) to § 5.2009, which 

encourages covered housing providers 

to undertake whatever actions 

permissible and feasible under their 

respective programs to assist 

individuals residing in their units who 

are victims of domestic violence, dating 

violence, sexual assault, or stalking to 

remain in their units or other units 

under the covered housing program or 

other covered housing providers, and 

for the covered housing provider to bear 

the costs of any transfer, where 

permissible. 

Court orders: Section 5.2009(b) of 

HUD’s existing VAWA regulations, 

which pertain to court orders, is 

proposed to be moved, as discussed 

earlier in this preamble, to 

§ 5.2005(d)(1). 

Effect on Other Laws (§ 5.2011) 

With the exception of including 

‘‘sexual assault,’’ this section would 

remain unchanged. 

B. Proposed Conforming Amendments 

to 24 CFR parts 92, 93, 200, 574, 576, 

578, 880, 882, 883, 884, 886, 891, 960, 

966, 982, and 983 

For the programs already covered by 

VAWA, additional proposed 

amendments are primarily directed to 

include reference to sexual assault, 

which was added by VAWA 2013. 

For the new HUD programs covered 

by VAWA 2013, the proposed rule 

would amend the regulations of the 

HUD-covered housing programs to 

cross-reference the applicability of the 

VAWA regulations in 24 CFR part 5, 

subpart L. However for certain of the 

newly covered programs, such as the 

HOME program, the HOPWA program, 

the Emergency Solutions Grants 

program, and the CoC program, 

regulations beyond reference to the core 

VAWA requirements provided in part 5, 

subpart L, are necessary to guide how 

the VAWA requirements are to be 

implemented in accordance with the 

unique program requirements of these 

four programs, the first three of which 

are formula funded programs.15

As noted earlier in this preamble, 

HUD also proposes to amend the 

HOPWA regulations at 24 CFR 578.75(i) 

to include a reasonable time for the 

remaining members of the household to 

continue occupancy in the housing after 

the qualifying member was evicted for 

having engaged in domestic violence, 

dating violence, sexual assault, or 

stalking. 

For the multifamily housing programs 

administered by HUD’s Office of 

Housing, the proposed conforming 

amendment is made to 24 CFR part 200, 

subpart A, under the undesignated 

heading of Miscellaneous Cross-Cutting 

Regulations. To this group of important 

cross-cutting regulations, HUD would 

add the requirement to comply with the 

VAWA protections. 

While this rule proposes to make the 

necessary regulatory amendments to 

fully implement VAWA 2013 in all 

HUD-covered housing programs, the 

HUD offices administering assistance 

under the covered programs will 

develop guidance for their covered 

housing providers to further assist 

covered housing providers in their 

implementation of VAWA and elaborate 

on such nonregulatory requirements, 

such as encouraging the providers to aid 

remaining tenants in their efforts to 

establish eligibility for assistance and 

how such aid may be provided. The 

guidance will be in such forms that 

HUD program offices generally issue 

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guidance to supplement and support 

statutory or regulatory program 

requirements, such as Office of Housing 

or PIH notices, Federal Housing 

Administration (FHA) mortgagee letters, 

etc. HUD recognizes that for HUD and 

the covered housing providers to more 

effectively assist victims of domestic 

violence, dating violence, sexual 

assault, or stalking, assistance may be 

needed from service providers, 

charitable organizations, and others in 

the community in which the housing is 

located, and HUD and covered housing 

providers will reach out to such 

organizations. 

III. Paperwork Reduction Act 

Paperwork Reduction Act 

The information collection 

requirements contained in this proposed 

rule have been submitted to the Office 

of Management and Budget (OMB) 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). In 

accordance with the Paperwork 

Reduction Act, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless the collection 

displays a currently valid OMB control 

number. 

The burden of the information 

collections in this proposed rule is 

estimated as follows: 

REPORTING AND RECORDKEEPING BURDEN

24 CFR 

section 

Number of respondents in covered programs Number of 

responses per 

respondent 

(annually) ** 

Estimated 

average 

response time 

(in hours) ** 

Estimated 

annual 

burden 

(in hours) ** 

PH & * 

Sec. 8 MF * HSG HOME HOPWA Homeless 

5.2005(a) (Notice of 

Occupancy 

Rights.

3,400 23,000 180,487 255 450–CoC .............

360–ESG ............

230–RHS ............

1,040 ...................

1 0.30 545,346. 

5.2005(a) Certification.3,400 23,000 180,487 255 450–CoC .............

360–ESG ............

230–RHS ............

1,040 ...................

1 0.30 545,346. 

5.2005(e) Emergency Transfer 

Plan.

3,400 23,000 180,487 255 450–CoC .............

360–ESG ............

230–RHS ............

1,040 ...................

1 8.00 1,665,456. 

5.2005(a) (Notice of 

Occupancy 

Rights ***.

................ ................ ................ ................ ............................. ........................ ........................ 0.5. First year 

only—modifications to form to 

reflect housing 

provider 

5.2005(a) Certification ***................. ................ ................ ................ ............................. ........................ ........................ 0.5. First year 

only—modifications to form to 

reflect housing 

provider 

5.2005(e) Emergency Transfer 

Plan ****.

................ ................ ................ ................ ............................. ........................ ........................ 2 hrs. First year 

only—preparing 

emergency plan 

based on 

HUD’s model. 

5.2007(b)(1) ........... 3,400 23,000 180,487 255 450–CoC ............. 1 1 00 181,782. 

Documenting incident of DV................. ................ ................ ................ 360–ESG230– 

RHS 1,040.

........................ ........................

5.2009 Bifurcation 

of lease.

3,400 23,000 180,487 255 450–CoC .............

360–ESG 230– 

RHS.

1,040 ...................

1 8.00 1,454,256 

Total Burden 

(for all HUD 

programs 

covered by 

VAWA).

................ ................ ................ ................ ............................. ........................ ........................ 4,392,189. 

* With the exception of the emergency transfer plan, the information collection items listed in this table already apply to public housing, Section 

8, and multifamily housing programs. Accordingly, no new burden is established for these programs, except for the requirement to establish an 

emergency transfer plan, and, as such, they are not counted in the reporting and recordkeeping burden established by VAWA 2013.

** These hours pertain to distribution by the housing provider and review by the tenants in these programs. 

*** These are the forms required to be developed by HUD. For the Notice of Occupancy Rights and Certification, the housing provider need 

only customize to reflect the covered program and identify the housing provider. The Emergency Transfer Plan is a model plan and therefore the 

housing provider may seek to make more substantive changes. 

In accordance with 5 CFR 

1320.8(d)(1), HUD is soliciting from 

members of the public and affected 

agencies comments on the following 

concerning this collection of 

information: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

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(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond; including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses. 

Interested persons are invited to 

submit comments regarding the 

information collection requirements in 

this rule. Under the provisions of 5 CFR 

part 1320, OMB is required to make a 

decision concerning this collection of 

information between 30 and 60 days 

after the publication date. Therefore, a 

comment on the information collection 

requirements is best assured of having 

its full effect if OMB receives the 

comment within 30 days of the 

publication. This time frame does not 

affect the deadline for comments to the 

agency on the proposed rule, however. 

Comments must refer to the proposal by 

name and docket number (5720–P–02) 

and must be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503, Fax number: 202–395–6947 

and Ms. Colette Pollard, Reports Liaison 

Officer, Department of Housing and 

Urban Development, 451 7th Street SW., 

Room 2204, Washington, DC 20410. 

Interested persons may submit 

comments regarding the information 

collection requirements electronically 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make them immediately 

available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

IV. Findings and Certifications 

Executive Order 12866, Regulatory 

Planning and Review 

OMB reviewed this rule under 

Executive Order 12866 (entitled, 

‘‘Regulatory Planning and Review’’). 

This rule was determined to be a 

‘‘significant regulatory action,’’ as 

defined in section 3(f) of the order but 

not economically significant, as 

provided in section 3(f)(1) of the order. 

In accordance with the Executive order, 

HUD has assessed the potential costs 

and benefits, both quantitative and 

qualitative, of this regulatory action. 

The potential costs associated with this 

regulatory action are those resulting 

primarily from the statute’s 

documentation requirements. 

Need for Regulatory Action 

This regulatory action is required to 

conform the provisions of HUD’s VAWA 

regulations to those of title VI of VAWA 

2013, codified at 42 U.S.C. 14043e et 

seq. The 2013 statutory changes both 

expand the HUD programs to which 

VAWA applies and expand the scope of 

the VAWA protections, so that HUD’s 

existing regulations reflect and 

implement the full protection and 

coverage of VAWA. 

As stated at the outset of this 

preamble to this proposed rule, the 

importance of having HUD’s VAWA 

regulations updated cannot be 

overstated. The expansion of VAWA 

2013 to other HUD rental assistance 

programs emphasizes the importance of 

protecting victims of domestic violence, 

dating violence, sexual assault, and 

stalking, in all HUD housing offering 

rental assistance. By having all covered 

housing providers be aware of the 

protections of VAWA and the actions 

that they must take to provide such 

protections if needed, HUD signals to all 

tenants in the covered housing programs 

that HUD is an active part of the 

national response to prevent domestic 

violence, dating violence, sexual 

assault, and stalking. 

In addition to expanding the 

applicability of VAWA to HUD 

programs beyond HUD’s Section 8 and 

public housing programs, VAWA 2013 

expands the protections provided to 

victims of domestic violence, dating 

violence, sexual assault, and stalking, 

which must be incorporated in HUD’s 

codified regulations. For example, 

under VAWA 2013, victims of sexual 

assault are specifically protected under 

VAWA for the first time in HUDcovered programs (compare, e.g., 

current 24 CFR 5.2005(b) and (c)(1) with 

§ 5.2005(b)(1) and (c) of this proposed 

rule). Another example is the statutory 

replacement of the term ‘‘immediate 

family member’’ with the term 

‘‘affiliated individual.’’ Where HUD’s 

current VAWA regulations provided 

that a nonperpetrator tenant would be 

protected from being evicted or denied 

housing because of acts of domestic 

violence, dating violence, or stalking 

committed against a family member (see 

current 24 CFR 5.2005(c)(2)), under 

VAWA 2013, the same protections 

apply to a non-perpetrator tenant 

because of acts of domestic violence, 

dating violence, or stalking committed 

against an ‘‘affiliated individual.’’ The 

replacement of ‘‘immediate family 

member’’ with ‘‘affiliated individual’’ 

reflects differing domestic arrangements 

and must be incorporated in HUD’s 

regulations. 

VAWA 2013 also increases protection 

for victims of domestic violence, dating 

violence, sexual assault, and stalking by 

requiring HUD to develop a model 

emergency transfer plan to guide 

covered housing providers in the 

development and adoption of their own 

emergency transfer plans. VAWA also 

changes the procedures for the 

notification to tenants and applicants of 

their occupancy rights under VAWA. 

Prior to VAWA 2013, public housing 

agencies administering HUD’s public 

housing and Section 8 assistance were 

responsible for the development and 

issuance such notification to tenants. 

Under VAWA 2013, HUD must develop 

the notice. Thus, HUD’s VAWA 

regulations must reflect that HUD will 

prescribe the notice of occupancy rights 

to be distributed by covered housing 

providers. 

Range of Regulatory Approaches 

Considered 

Regarding conformance to, and 

implementation of, the changes made by 

VAWA 2013, which is the primary 

purpose of this rulemaking, HUD has 

very little discretion to consider actions 

different from the actions and 

documents required by the statute. The 

core protections and the documentation 

required by VAWA are vital to 

providing the necessary protections for 

the victims of domestic violence, dating 

violence, sexual assault, and stalking. 

VAWA 2013 does present some 

implementation challenges for the 

newly covered HUD programs. The 

VAWA 2013 provisions did not alter the 

VAWA 2005 to more suitably address 

the ‘‘administration’’ structure of the 

newly covered HUD programs. As noted 

earlier in this preamble, the VAWA 

2013 language continues to match more 

effectively the type housing that is 

administered by a PHA; that is, the 

public housing and Section 8 programs 

covered by VAWA 2005. As further 

noted earlier in this preamble, in 

proposing how the VAWA protections 

are to be implemented in the newly 

covered programs, HUD took into 

account both the statutory and 

regulatory framework of each program, 

and HUD’s experiences in both 

administering such program and in 

working with the different entities 

administering such programs. In each 

case, HUD strived to ensure that the 

proposed regulations for the newly 

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covered programs protect victims of 

domestic violence, dating violence, 

sexual assault, or stalking, as 

contemplated by VAWA. The proposed 

regulations for the newly covered 

programs do not offer alternative 

approaches for implementation of 

VAWA in these programs, but rather 

how HUD believes the protections of 

VAWA are to be implemented given the 

structure of these programs. However, 

the specific questions posed by HUD for 

comment in this preamble reflect 

alternative approaches that HUD is 

considering but HUD values input from 

the public on these approaches, 

including listing the Housing Trust 

Fund as a covered HUD program. HUD 

submits that, with this program’s 

significant similarity to the HOME 

program, the Housing Trust Fund 

program should also offer the VAWA 

protections to tenants receiving rental 

assistance under the Housing Trust 

Fund. 

As HUD also noted in the preamble, 

VAWA 2013 does not impose 

documentation requirements on a tenant 

who is a victim of domestic violence, 

dating violence, sexual assault, or 

stalking, and seeks an emergency 

transfer from the tenant’s current unit. 

As provided under specific solicitation 

of comment 4 in this preamble, HUD 

seeks comment on whether 

documentation requirement should be 

imposed on those seeking emergency 

transfers and, if they are imposed, 

whether they should be the same as 

those required of tenants seeking other 

protections of VAWA 2013. 

With respect to emergency transfers, 

VAWA does not define what constitutes 

a safe and available dwelling unit, and 

HUD does not provide a definition for 

such unit in this rule but seeks 

comment on how such unit should be 

defined. Under specific solicitations of 

comment 5 and 9 in the preamble to this 

proposed rule, HUD specifically solicits 

comment on actions that covered 

housing providers may be able to 

undertake to assist tenants who are not 

perpetrators of domestic violence, 

dating violence, sexual assault, or 

stalking to remain in covered housing 

programs, consistent with existing 

program requirements, when a tenant 

household is divided as a result of lease 

bifurcation. 

As the preamble reflects, HUD’s 

proposed regulations adhere closely to 

the statutory requirements, and the 

alternative approaches HUD will 

consider in the context of information, 

feedback, and recommendations offered 

by advocates for protection of victims of 

domestic violence, participants in and 

administrators of HUD-covered 

programs, and the public generally. 

Costs and Benefits 

As noted in the Executive Summary 

of this preamble, there are several 

benefits, including expanding the 

protections of VAWA to applicants and 

tenants beyond those in HUD’s public 

housing and Section 8 programs; 

strengthening the rights, including 

confidentiality rights, of victims of 

domestic violence, dating violence, 

sexual assault, and stalking in HUDcovered programs; and possibly 

minimizing the loss of housing by such 

victims through the bifurcation of lease 

provision, where such action may be a 

feasible option. The notice of occupancy 

rights to be distributed to all applicants 

and tenants signals the concern of HUD 

and the covered housing provider about 

the serious consequences of domestic 

violence, dating violence, sexual 

assault, and stalking on the individual 

tenant victim and, at times, the victim’s 

family or individuals affiliated to the 

victim, and confirms the protections to 

be afforded to the tenant victim if such 

violence occurs. The notice of 

occupancy rights is presented with the 

goal of helping applicants and tenants 

understand their occupancy rights 

under VAWA. Awareness of such rights 

is an important benefit. 

The costs of the regulations, as also 

noted earlier in this preamble, are 

primarily paperwork costs. These are 

the costs of providing notice to 

applicants and tenants of their 

occupancy rights under VAWA, the 

preparation of an emergency transfer 

plan, and documenting the incident or 

incidents of domestic violence, dating 

violence, sexual assault, and stalking. 

The costs, however, are minimized to 

some extent by the fact that VAWA 2013 

requires HUD to prepare the notice of 

occupancy rights, the certification form, 

and the model emergency transfer plan. 

In addition to the costs related to 

these documents, which HUD submits is 

not significant given HUD’s role in 

creating the documents, there will be a 

cost with respect to a tenant claiming 

the protections of VAWA and a covered 

housing provider responding to such 

incident. This cost will vary, however, 

depending on the incidence of claims in 

a given year and the nature and 

complexity of the situation. The costs 

will also depend on the supply and 

demand for the available and safe units 

in the situation of an emergency transfer 

request. HUD’s covered housing 

providers did not confront such 

‘‘movement’’ costs under VAWA 2005, 

so it remains to be seen, through 

implementation of VAWA 2013, if the 

transfer to a safe unit, as VAWA 2013 

allows, is feasible in most situations in 

which such a request is made and 

becomes a substantial cost to the 

covered housing provider. As provided 

under specific solicitation of comment 

7, HUD is soliciting comment on the 

costs of such transfer, and the extent of 

paperwork that is necessary to provide 

the transfer. 

The reporting and recordkeeping 

matrix that accompanies HUD’s 

Paperwork Reduction Act statement, 

provided above, provides HUD’s 

estimate of the workload associated 

with the reporting and recordkeeping 

requirements. 

The docket file is available for public 

inspection between the hours of 8 a.m. 

and 5 p.m., weekdays, in the 

Regulations Division, Office of General 

Counsel, Department of Housing and 

Urban Development, 451 7th Street SW., 

Room 10276, Washington, DC 20410– 

0500. Due to security measures at the 

HUD Headquarters building, please 

schedule an appointment to review the 

docket file by calling the Regulations 

Division at 202–708–3055 (this is not a 

toll-free number). Persons with hearing 

or speech impairments may access the 

telephone number above via TTY by 

calling the Federal Relay Service, tollfree, at 800–877–8339. 

Impact on Small Entities 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) generally requires an 

agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. 

This rule proposes to fully implement 

the protections of VAWA 2013 in all 

HUD covered housing programs. These 

protections are statutory and statutorily 

directed to be implemented. The statute 

does not allow for covered housing 

providers who are, or may qualify as 

small entities to not provide such 

protections to its applicants or tenants 

or provide fewer protections than 

covered entities that are larger entities. 

However, with respect to processes that 

may be found to be burdensome to small 

covered housing providers—such as 

bifurcation of the lease and the 

emergency transfer plan—bifurcation of 

the lease is a statutory option not a 

mandate, and the emergency transfer 

plan is contingent upon units to which 

victims of domestic violence, dating 

violence, sexual assault, or stalking may 

seek transfer on an emergency basis 

being available and safe. Therefore, 

small entities are not required to carry 

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out these latter processes that may be 

more burdensome, and, indeed may not 

be feasible given the fewer number of 

units generally managed by smaller 

entities. 

Notwithstanding HUD’s 

determination that this rule will not 

have a significant economic effect on a 

substantial number of small entities, 

HUD specifically invites comments 

regarding any less burdensome 

alternatives to this rule that will meet 

HUD’s objectives, as described in this 

preamble. 

Environmental Impact 

This proposed rule involves a policy 

document that sets out 

nondiscrimination standards. 

Accordingly, under 24 CFR 50.19(c)(3) 

this interim rule is categorically 

excluded from environmental review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either (i) 

imposes substantial direct compliance 

costs on State and local governments 

and is not required by statute, or (ii) 

preempts State law, unless the agency 

meets the consultation and funding 

requirements of section 6 of the 

Executive order. This rule would not 

have federalism implications and would 

not impose substantial direct 

compliance costs on State and local 

governments or preempt State law 

within the meaning of the Executive 

order. The scope of this rule is limited 

to HUD covered housing programs, as 

such term is defined in the rule. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1531–1538) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments, and the private 

sector. This rule does not impose any 

Federal mandates on any State, local, or 

tribal government, or the private sector 

within the meaning of UMRA. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers applicable to the 

programs that would be affected by this 

rule are: 14.103, 14.135, 14.157, 14.181, 

14.195, 14.231, 14.267, 14.268, 14.239, 

14.241, 14.850, 14.856, and 14.871. 

List of Subjects 

24 CFR Part 5 

Administrative practice and 

procedure, Aged, Claims, Crime, 

Government contracts, Grant 

programs—housing and community 

development, Individuals with 

disabilities, Intergovernmental relations, 

Loan programs—housing and 

community development, Low and 

moderate income housing, Mortgage 

insurance, Penalties, Pets, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements, Social 

security, Unemployment compensation, 

Wages. 

24 CFR Part 92 

Administrative practice and 

procedure, Grant programs—housing 

and community development, Low and 

moderate income housing, 

Manufactured homes, Rent subsidies, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 200 

Administrative practice and 

procedure, Claims, Equal employment 

opportunity, Fair housing, Home 

improvement, Housing standards, Lead 

poisoning, Loan programs—housing and 

community development, Mortgage 

insurance, Organization and functions 

(Government agencies), Penalties, 

Reporting and recordkeeping. 

24 CFR Part 574 

Community facilities, Grant 

programs—housing and community 

development, Grant programs—social 

programs, HIV/AIDS, Low and moderate 

income housing, Reporting and 

recordkeeping requirements. 

24 CFR Part 576 

Community facilities, Grant 

programs—housing and community 

development, Grant programs—social 

programs, Homeless, Reporting and 

recordkeeping requirements. 

24 CFR Part 578 

Community facilities, Continuum of 

Care, Emergency solutions grants, Grant 

programs—housing and community 

development, Grant program—social 

programs, Homeless, Rural housing, 

Reporting and recordkeeping 

requirements, Supportive housing 

programs— housing and community 

development, Supportive services. 

24 CFR Part 880 

Grant programs—housing and 

community development, Rent 

subsidies, Reporting and recordkeeping 

requirements. 

24 CFR Part 882 

Grant programs—housing and 

community development, Homeless, 

Lead poisoning, Manufactured homes, 

Rent subsidies, Reporting and 

recordkeeping requirements. 

24 CFR Part 883 

Grant programs—housing and 

community development, Rent 

subsidies, Reporting and recordkeeping 

requirements. 

24 CFR Part 884 

Grant programs—housing and 

community development, Rent 

subsidies, Reporting and recordkeeping 

requirements, Rural areas. 

24 CFR Part 886 

Grant programs—housing and 

community development, Lead 

poisoning, Rent subsidies, Reporting 

and recordkeeping requirements. 

24 CFR Part 891 

Aged, Grant programs—housing and 

community development, Individuals 

with disabilities, Loan programs— 

housing and community development, 

Rent subsidies, Reporting and 

recordkeeping requirements. 

24 CFR Part 960 

Aged, Grant programs—housing and 

community development, Individuals 

with disabilities, Pets, Public housing. 

24 CFR Part 966 

Grant programs—housing and 

community development, Public 

housing, Reporting and recordkeeping 

requirements. 

24 CFR Part 982 

Grant programs—housing and 

community development, Grant 

programs—Indians, Indians, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements. 

24 CFR Part 983 

Grant programs—housing and 

community development, Rent 

subsidies, Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons stated in 

the preamble, and in accordance with 

HUD’s authority in 42 U.S.C. 3535(d), 

HUD proposes to amend 24 CFR parts 

5, 92, 200, 574, 576, 578, 880, 882, 883, 

884, 886, 891, 960, 966, 982, and 983, 

as follows. 

PART 5—GENERAL HUD PROGRAM 

REQUIREMENTS; WAIVERS 

■ 1. The authority citation for part 5 is 

revised to read as follows: 

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Authority: 42 U.S.C. 1437a, 1437c, 1437d, 

1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109– 

115, 119 Stat. 2936, and 42 U.S.C. 14043e et 

seq., Sec. 601, Pub. L. 113–4, 127 Stat. 101. 

■ 2. Revise Subpart L to read as follows: 

Subpart L—Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking 

Sec. 

5.2001 Applicability. 

5.2003 Definitions. 

5.2005 VAWA Protections. 

5.2007 Documenting the occurrence of 

domestic violence, dating violence, 

sexual assault, or stalking. 

5.2009 Remedies available to victims of 

domestic violence, dating violence, 

sexual assault, or stalking. 

5.2001 Effect on other laws. 

§ 5.2001 Applicability. 

(a) This subpart addresses the 

protections for victims of domestic 

violence, dating violence, sexual 

assault, or stalking who are applying for, 

or the beneficiary of, assistance under a 

HUD program covered by the Violence 

Against Women Act (VAWA), as 

amended (42 U.S.C. 13925 and 42 

U.S.C. 14043e et seq.) (‘‘covered housing 

program,’’ as defined in § 5.2003). 

Notwithstanding the title of the statute, 

victims are not limited to women but 

cover all victims of domestic violence, 

dating violence, sexual assault, and 

stalking, regardless of sex, gender 

identity, sexual orientation, disability, 

or age. 

(b)(1) The applicable assistance 

provided under a covered housing 

program generally consists of two types 

of assistance (one or both may be 

provided): Tenant-based rental 

assistance, which is rental assistance 

that is provided to the tenant; and 

project-based assistance, which is 

assistance that attaches to the unit in 

which the tenant resides. For projectbased assistance, the assistance may 

consist of such assistance as operating 

assistance, development assistance, and 

mortgage interest rate subsidy. 

(2) The regulations in this subpart are 

supplemented by the specific 

regulations for the HUD-covered 

housing programs listed in § 5.2003. The 

program-specific regulations address 

how certain VAWA requirements are to 

be implemented and whether they can 

be implemented (for example, 

reasonable time to establish eligibility 

for assistance as provided in § 5.2009(b)) 

for the applicable covered housing 

program, given the statutory and 

regulatory framework for the program. 

When there is conflict between the 

regulations of this subpart and the 

program-specific regulations, the 

program-specific regulations govern. 

Where assistance is provided under 

more than one covered housing 

program, the covered housing program 

that provides the greatest protection to 

victims of domestic violence, dating 

violence, sexual assault, or stalking 

governs. 

§ 5.2003 Definitions. 

The definitions of PHA, HUD, 

household, and other person under the 

tenant’s control are defined in subpart A 

of this part. As used in this subpart L: 

Actual and imminent threat refers to 

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. 

Affiliated individual, with respect to 

an individual, means: 

(1) A spouse, parent, brother, sister, or 

child of that individual, or a person to 

whom that individual stands in the 

place of a parent to a child (for example, 

the affiliated individual is a child in the 

care, custody, or control of that 

individual); or 

(2) Any individual, tenant, or lawful 

occupant living in the household of that 

individual. 

Bifurcate means 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. 

Covered housing program consists of 

the following HUD programs: 

(1) Section 202 Supportive Housing 

for the Elderly (12 U.S.C. 1701q), with 

implementing regulations at 24 CFR part 

891. 

(2) Section 811 Supportive Housing 

for Persons with Disabilities (42 U.S.C. 

8013), with implementing regulations at 

24 CFR part 891. 

(3) Housing Opportunities for Persons 

With AIDS (HOPWA) program (42 

U.S.C. 12901 et seq.), with 

implementing regulations at 24 CFR part 

574. 

(4) HOME Investment Partnerships 

(HOME) program (42 U.S.C. 12741 et 

seq.), with implementing regulations at 

24 CFR part 92. 

(5) Homeless programs under title IV 

of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11360 et seq.), 

including the Emergency Solutions 

Grants program (with implementing 

regulations at 24 CFR part 576), the 

Continuum of Care program (with 

implementing regulations at 24 CFR part 

578), and the Rural Housing Stability 

Assistance program (with regulations 

forthcoming). 

(6) Multifamily rental housing under 

section 221(d)(3) of the National 

Housing Act (12 U.S.C. 17151(d)) with 

a below-market interest rate (BMIR) 

pursuant to section 221(d)(5), with 

implementing regulations at 24 CFR part 

221. 

(7) Multifamily rental housing under 

section 236 of the National Housing Act 

(12 U.S.C. 1715z–1), with implementing 

regulations at 24 CFR part 236. 

(8) HUD programs assisted under the 

United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.); specifically, public 

housing under section 6 of the 1937 Act 

(42 U.S.C. 1437d) (with regulations at 24 

CFR Chapter IX), tenant-based and 

project-based rental assistance under 

section 8 of the 1937 Act (42 U.S.C. 

1437f) (with regulations at 24 CFR 

chapters VIII and IX), and the Section 8 

Moderate Rehabilitation Single Room 

Occupancy (with implementing 

regulations at 24 CFR part 882, subpart 

H). 

(9) The Housing Trust Fund (12 

U.S.C. 4568) (with regulations 

forthcoming). 

Covered housing provider refers to the 

individual or entity under a covered 

housing program that has responsibility 

for the administration and/or oversight 

of VAWA protections and includes 

PHAs, sponsors, owners, mortgagors, 

managers, State and local governments 

or agencies thereof, nonprofit or forprofit organizations or entities. The 

program-specific regulations for the 

covered housing programs identify the 

individual or entity that carries out the 

duties and responsibilities of the 

covered housing provider as set forth in 

part 5, subpart L. For any of the covered 

housing programs, it is possible that 

there may be more than one covered 

housing provider; that is, depending 

upon the VAWA duty or responsibility 

to be performed by a covered housing 

provider, the covered housing provider 

may not always be the same individual 

or entity. 

Dating violence means violence 

committed by a person: 

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(1) Who is or has been in a social 

relationship of a romantic or intimate 

nature with the victim; and 

(2) Where the existence of such a 

relationship shall be determined based 

on a consideration of the following 

factors: 

(i) The length of the relationship; 

(ii) The type of relationship; and 

(iii) The frequency of interaction 

between the persons involved in the 

relationship. 

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. The term 

‘‘intimate partner’’ is defined in 18 

U.S.C. 2266 and the term ‘‘crime of 

violence’’ is defined in 18 U.S.C. 16. 

Sexual assault means any 

nonconsensual sexual act proscribed by 

Federal, tribal, or State law, including 

when the victim lacks capacity to 

consent. 

Stalking means engaging in a course 

of conduct directed at a specific person 

that would cause a reasonable person to: 

(1) Fear for his or her safety or the 

safety of others; or 

(2) Suffer substantial emotional 

distress. 

VAWA means the Violence Against 

Women Act of 1994, as amended (42 

U.S.C. 13925 and 42 U.S.C. 14043e et 

seq.). 

§ 5.2005 VAWA protections. 

(a) Notice of occupancy rights under 

VAWA, and certification form. (1) The 

following notice and certification form 

must be provided by a covered housing 

provider to each of its applicants and to 

each of its tenants: 

(i) A ‘‘Notice of Occupancy Rights 

under VAWA,’’ as prescribed and in 

accordance with directions provided by 

HUD, that explains the VAWA 

protections under this subpart, 

including the right to confidentiality, 

and any limitations on those 

protections; and 

(ii) A certification form, in a form 

approved by HUD, to be completed by 

the victim to document an incident of 

domestic violence, dating violence, 

sexual assault or stalking, and that: 

(A) States that the applicant or tenant 

is a victim of domestic violence, dating 

violence, sexual assault, or stalking; 

(B) States that the incident of 

domestic violence, dating violence, 

sexual assault, or stalking that is the 

ground for protection under this subpart 

meets the applicable definition for such 

incident under § 5.2003; and 

(C) Includes the name of the 

individual who committed the domestic 

violence, dating violence, sexual 

assault, or stalking, if the name is 

known and safe to provide. 

(2) The notice required by paragraph 

(a)(1)(i) of this section and certification 

form required by paragraph (a)(1)(ii) of 

this section must be provided to an 

applicant or tenant no later than at each 

of the following times: 

(i) At the time the applicant is denied 

assistance or admission under a covered 

housing program; 

(ii) At the time the individual is 

provided assistance or admission under 

the covered housing program; and 

(iii) With any notification of eviction 

or notification of termination of 

assistance. 

(3) The notice required by paragraph 

(a)(1)(i) of this section and the 

certification form required by paragraph 

(a)(1)(ii) of this section must be made 

available in multiple languages, 

consistent with guidance issued by HUD 

in accordance with Executive Order 

13166 (Improving Access to Services for 

Persons with Limited English 

Proficiency, signed August 11, 2000, 

and published in the Federal Register 

on August 16, 2000 (at 65 FR 50121). 

(b) Prohibited basis for denial or 

termination of assistance or eviction— 

(1) General. An applicant for assistance 

or tenant 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. 

(2) Termination on the basis of 

criminal activity. A tenant in a covered 

housing program may not be denied 

tenancy or occupancy rights solely on 

the basis of criminal activity directly 

relating to domestic violence, dating 

violence, sexual assault, or stalking if: 

(i) The criminal activity is engaged in 

by a member of the household of a 

tenant or any guest or other person 

under the control of the tenant, and 

(ii) The tenant or an affiliated 

individual of the tenant is the victim or 

threatened victim of such domestic 

violence, dating violence, sexual assault 

or stalking. 

(c) Construction of lease terms and 

terms of assistance. An incident of 

actual or threatened domestic violence, 

dating violence, sexual assault, or 

stalking shall not be construed as: 

(1) A serious or repeated violation of 

a lease executed under a covered 

housing program by the victim or 

threatened victim of such incident; or 

(2) Good cause for terminating the 

assistance, tenancy, or occupancy rights 

under a covered housing program of the 

victim or threatened victim of such 

incident. 

(d) Limitations of VAWA protections. 

(1) Nothing in this section limits the 

authority of a covered housing provider, 

when notified of a court order, to 

comply with a court order with respect 

to: 

(i) The rights of access or control of 

property, including civil protection 

orders issued to protect a victim of 

domestic violence, dating violence, 

sexual assault, or stalking; or 

(ii) The distribution or possession of 

property among members of a 

household in a case. 

(2) Nothing in this section limits any 

available authority of a covered housing 

provider to evict or terminate assistance 

to a tenant for any violation not 

premised on an act of domestic 

violence, dating violence, sexual 

assault, or stalking that is in question 

against the tenant or an affiliated 

individual of the tenant. However, the 

covered housing provider must not 

subject the tenant, who is or has been 

a victim of domestic violence, dating 

violence, sexual assault, or stalking, or 

is affiliated with an individual who is 

or has been a victim of domestic 

violence, dating violence, sexual assault 

or stalking, to a more demanding 

standard than other tenants in 

determining whether to evict or 

terminate assistance. 

(3) Nothing in this section limits the 

authority of a covered housing provider 

to terminate assistance to or evict a 

tenant under a covered housing program 

if the covered housing provider can 

demonstrate an actual and imminent 

threat to other tenants or those 

employed at or providing service to 

property of the covered housing 

provider would be present if that tenant 

or lawful occupant is not evicted or 

terminated from assistance. In this 

context, words, gestures, actions, or 

other indicators will be considered an 

‘‘actual and imminent threat’’ if they 

meet the standards provided in the 

definition of ‘‘actual and imminent 

threat’’ in § 5.2003. 

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(4) Any eviction or termination of 

assistance, as provided in paragraph 

(d)(3) of this section should be utilized 

by a covered housing provider only 

when there are no other actions that 

could be taken to reduce or eliminate 

the threat, including, but not limited to, 

transferring the victim to a different 

unit, barring the perpetrator from the 

property, contacting law enforcement to 

increase police presence or develop 

other plans to keep the property safe, or 

seeking other legal remedies to prevent 

the perpetrator from acting on a threat. 

Restrictions predicated on public safety 

cannot be based on stereotypes, but 

must be tailored to particularized 

concerns about individual residents. 

(e) Emergency transfer plan. Each 

covered housing provider, as identified 

in the program specific regulations for 

the covered housing program, shall 

adopt an emergency transfer plan, based 

on HUD’s model emergency transfer 

plan, and that incorporates the 

following components: 

(1) The emergency transfer plan must 

allow tenants who are victims of 

domestic violence, dating violence, 

sexual assault, or stalking to transfer to 

another unit under the covered housing 

program in which the tenant has been 

residing or to a unit in another covered 

housing program if such transfer is 

permissible under applicable program 

regulations, provided that a unit is 

available and safe, and provided, 

further, that: 

(A) The tenant expressly requests the 

transfer; and 

(B)(i) The tenant reasonably believes 

there is a threat of imminent harm from 

further violence if the tenant remains 

within the same dwelling unit that the 

tenant is currently occupying; or 

(ii) In the case of a tenant who is a 

victim of sexual assault, the sexual 

assault occurred on the premises during 

the 90-day period preceding the date of 

the request for transfer; and 

(2) 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. 

(3) Nothing in this subsection (e) may 

be construed to supersede any eligibility 

or other occupancy requirements that 

may apply under a covered housing 

program. 

§ 5.2007 Documenting the occurrence of 

domestic violence, dating violence, sexual 

assault, or stalking. 

(a) Request for documentation. (1) 

Under a covered housing program, if an 

applicant or tenant represents to the 

covered housing provider that the 

individual is a victim of domestic 

violence, dating violence, sexual 

assault, or stalking entitled to the 

protections under § 5.2005, or remedies 

under § 5.2009, the covered housing 

provider may request, in writing, that 

the applicant or tenant submit to the 

covered housing provider the 

documentation specified in paragraph 

(b)(1) of this section. The 

documentation requirements in this 

paragraph (a) are not applicable to a 

request made by the tenant for a request 

for an emergency transfer under 

§ 5.2005(e), unless otherwise specified 

by HUD by notice. 

(2)(i) If an applicant or tenant does 

not provide the documentation 

requested under paragraph (a)(1) of this 

section within 14 business days after the 

date that the tenant receives a request in 

writing for such documentation from 

the covered housing provider, nothing 

in § 5.2005 or § 5.2009, which addresses 

the protections of VAWA, may be 

construed to limit the authority of the 

covered housing provider to: 

(A) Deny admission by the applicant 

or tenant to the covered housing 

program; 

(B) Deny assistance under the covered 

housing program to the applicant or 

tenant; 

(C) Terminate the participation of the 

tenant in the covered housing program; 

or 

(D) Evict the tenant, or a lawful 

occupant that commits a violation of a 

lease. 

(ii) A covered housing provider may, 

at its discretion, extend the 14-businessday deadline under paragraph (a)(2)(i) of 

this section. 

(b) Permissible documentation and 

submission requirements. (1) In 

response to a written request to the 

applicant or tenant from the covered 

housing provider, as provided in 

paragraph (a) of this section, the 

applicant or tenant may submit, as 

documentation of the occurrence of 

domestic violence, dating violence, 

sexual assault, or stalking: 

(i) The certification form described in 

§ 5.2005(a)(1)(ii); or 

(ii) A document: 

(A) Signed by an employee, agent, or 

volunteer of a victim service provider, 

an attorney, or medical professional, or 

a mental health professional 

(collectively, ‘‘professional’’) from 

whom the victim has sought assistance 

relating to domestic violence, dating 

violence, sexual assault, or stalking, or 

the effects of abuse; 

(B) Signed by the applicant or tenant; 

and 

(C) Specifies that, under penalty of 

perjury, the professional believes in the 

occurrence of the incident of domestic 

violence, dating violence, sexual 

assault, or stalking that is the ground for 

protection and remedies under this 

subpart meets the applicable definition 

under § 5.2003; or 

(iii) A record of a Federal, State, 

tribal, territorial or local law 

enforcement agency, court, or 

administrative agency; or 

(iv) At the discretion of a covered 

housing provider, a statement or other 

evidence provided by the applicant or 

tenant. 

(2) If a covered housing provider 

receives documentation under 

paragraph (b)(1) of this section that 

contains conflicting information 

(including certification forms from two 

or more members of a household each 

claiming to be a victim and naming one 

or more of the other petitioning 

household members as the perpetrator), 

the covered housing provider may 

require an applicant or tenant to submit 

third-party documentation, as described 

in paragraphs (b)(1)(ii), (b)(1)(iii), or 

(b)(1)(iv) of this section. 

(3) Nothing in this paragraph (b) shall 

be construed to require a covered 

housing provider to request that an 

individual submit documentation of the 

status of the individual as a victim of 

domestic violence, dating violence, 

sexual assault, or stalking. 

(c) Confidentiality. Any information 

submitted to a covered housing provider 

under this section, including the fact 

that an individual is a victim of 

domestic violence, dating violence, 

sexual assault, or stalking (confidential 

information), shall be maintained in 

confidence by the covered housing 

provider. 

(1) The covered housing provider 

shall not allow any individual 

administering assistance on behalf of 

the covered housing provider or any 

persons within their employ (e.g., 

contractors) or in the employ of the 

covered housing provider to have access 

to confidential information unless 

explicitly authorized by the covered 

housing provider for reasons that 

specifically call for these individuals to 

have access to this information under 

applicable Federal, State, or local law. 

(2) The covered housing provider 

shall not enter confidential information 

described in paragraph (c) of this 

section into any shared database or 

disclose such information to any other 

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entity or individual, except to the extent 

that the disclosure is: 

(i) Requested or consented to in 

writing by the individual; 

(ii) Required for use in an eviction 

proceeding or hearing regarding 

termination of assistance from the 

covered program; or 

(iii) Otherwise required by applicable 

law. 

(d) A covered housing provider’s 

compliance with the protections of 

§§ 5.2005 and 5.2009, based on 

documentation received under this 

section shall not be sufficient to 

constitute evidence of an unreasonable 

act or omission by the covered housing 

provider. However, nothing in this 

paragraph (d) of this section shall be 

construed to limit the liability of a 

covered housing provider for failure to 

comply with §§ 5.2005 and 5.2009. 

§ 5.2009 Remedies available to victims of 

domestic violence, dating violence, sexual 

assault, or stalking. 

(a) Lease bifurcation. (1) A covered 

housing provider may in accordance 

with paragraph (a)(2) of this section, 

bifurcate a lease, or remove a household 

member from a lease in order to evict, 

remove, terminate occupancy rights, or 

terminate assistance to such member 

who engages in criminal activity 

directly relating to domestic violence, 

dating violence, sexual assault, or 

stalking against an affiliated individual 

or other individual: 

(i) Without regard to whether the 

household member is a signatory to the 

lease; and 

(ii) Without evicting, removing, 

terminating assistance to, or otherwise 

penalizing a victim of such criminal 

activity who is also a tenant or lawful 

occupant. 

(2) A lease bifurcation, as provided in 

paragraph (a)(1) of this section, shall be 

carried out in accordance with any 

requirements or procedures as may be 

prescribed by Federal, State, or local 

law for termination of assistance or 

leases and in accordance with any 

requirements under the relevant covered 

housing program. 

(b) Reasonable time to establish 

eligibility for assistance or find 

alternative housing following 

bifurcation of a lease. The reasonable 

time to establish eligibility under a 

covered housing program or find 

alternative housing is specified in 

paragraph (b) of this section, or 

alternatively in the program-specific 

regulations governing the applicable 

covered housing program. Some covered 

housing programs may provide different 

time frames than are specified in this 

paragraph (b), and in such cases, the 

program-specific regulations govern. 

(1) Reasonable time to establish 

eligibility assistance. (i) If a covered 

housing provider exercises the option to 

bifurcate a lease as provided in 

paragraph (a) of this section, and the 

individual who was evicted or for 

whom assistance was terminated was 

the eligible tenant under the covered 

housing program, the covered housing 

provider shall provide to any remaining 

tenant or tenants a period of 60 calendar 

days from the date of bifurcation of the 

lease to: 

(A) Establish eligibility for the same 

covered housing program under which 

the evicted or terminated tenant was the 

recipient of assistance at the time of 

bifurcation of the lease; or 

(B) Establish eligibility under another 

covered housing program. 

(ii) The 60-calendar-day period 

provided by paragraph (b)(1) of this 

section can only be provided to a 

remaining tenant if the governing statute 

of the covered program authorizes an 

ineligible tenant to remain in the unit 

without assistance. The 60-calendar-day 

period does not supersede any period to 

establish eligibility for the covered 

housing program that may already be 

provided by the covered housing 

program. The 60-calendar-day period is 

the total period provided to a remaining 

tenant to establish eligibility under the 

two options provided in paragraphs 

(b)(1)(i)(A) and (B)of this section. 

(iii) The covered housing provider, 

subject to authorization under the 

regulations of the applicable covered 

housing program, may extend the 60- 

calendar-day period up to an additional 

30 calendar days. 

(2) Reasonable time to find alternative 

housing provider. (i) If a tenant is unable 

to establish eligibility for the covered 

housing program, as provided in 

paragraph (b)(1) of this section, the 

covered housing provider must give the 

tenant an additional 30 calendar days to 

find alternative housing. The additional 

30 days shall commence following the 

61st day after date of bifurcation of the 

lease. 

(ii) The covered housing provider 

may, subject to authorization under the 

regulations of the applicable covered 

housing program, extend the 30- 

calendar-day period up to an additional 

30 calendar days. 

(c) Efforts to promote housing stability 

for victims of domestic violence, dating 

violence, sexual assault, or stalking. 

Covered housing providers are 

encouraged to undertake whatever 

actions permissible and feasible under 

their respective programs to assist 

individuals residing in their units who 

are victims of domestic violence, dating 

violence, sexual assault, or stalking to 

remain in their units or other units 

under the covered housing program or 

other covered housing providers, and 

for the covered housing provider to bear 

the costs of any transfer, where 

permissible. 

§ 5.2011 Effect on other laws. 

Nothing in this subpart shall be 

construed to supersede any provision of 

any Federal, State, or local law that 

provides greater protection than this 

section for victims of domestic violence, 

dating violence, sexual assault, or 

stalking. 

PART 92—HOME INVESTMENT 

PARTNERSHIPS PROGRAM 

■ 3. The authority citation for part 92 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d) and 12701– 

12839. 

■ 4. In § 92.253, paragraph (a) is revised 

and paragraph (d) is amended by 

removing the ‘‘and’’ following 

paragraph (5), adding ‘‘and’’ at the end 

of paragraph (6), and adding a new 

paragraph (d)(7) to read as follows: 

§ 92.253 Tenant protections and selection. 

(a) Lease. There must be a written 

lease between the tenant and the owner 

of rental housing assisted with HOME 

funds that is for a period of not less than 

1 year, unless by mutual agreement 

between the tenant and the owner a 

shorter period is specified. The lease 

must incorporate the VAWA lease term/ 

addendum required under § 92.359(e), 

except as otherwise provided by 

§ 92.359(b). 

* * * * * 

(d) Tenant selection. * * * 

(7) Comply with the VAWA 

requirements prescribed in § 92.359. 

■ 5. Section 92.359 is added to read as 

follows: 

§ 92.359 VAWA requirements. 

(a) General. (1) The Violence Against 

Women Act (VAWA) requirements set 

forth in 24 CFR 5, subpart L, apply to 

all HOME tenant-based rental assistance 

and rental housing assisted with HOME 

funds, except as otherwise provided in 

this section. 

(2) For the HOME program, ‘‘covered 

housing provider,’’ as such term is used 

in HUD’s regulations in 24 CFR part 5, 

subpart L, and that is designated to 

carry out the duties and responsibilities 

specified in 24 CFR part 5, subpart L, 

refers to: 

(i) The housing owner for the 

purposes of § 5.2005(d)(1), (d)(3), and 

(d)(4) and § 5.2009(a); 

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(ii) The participating jurisdiction or 

its designee for purposes of § 5.2005(e); 

and 

(iv) The housing owner and entity 

administering tenant-based rental 

assistance for the purposes of 

§ 5.2005(d)(2) and § 5.2007. 

(b) Effective date. Compliance with 

the VAWA requirements under this 

section and 24 CFR part 5, subpart L, is 

not required for any tenant-based rental 

assistance or rental housing project for 

which the date of the HOME funding 

commitment is earlier than [insert 

effective date of the final rule]. 

(c) Notification requirements. The 

participating jurisdiction is responsible 

for providing a notice and certification 

form that meet the requirements of 

§ 5.2005(a) to each owner of HOMEassisted rental housing and each entity 

that administers HOME tenant-based 

rental assistance. 

(1) For HOME-assisted units. Each 

owner of HOME-assisted rental housing 

must provide the notice and 

certification form described in 24 CFR 

5.2005(a) to each applicant for a HOMEassisted unit at the time the applicant is 

admitted or denied admission to a 

HOME-assisted unit. Each owner of 

HOME-assisted rental housing must also 

provide the notice and certification form 

described in 24 CFR 5.2005 with any 

notification of eviction from a HOMEassisted unit. 

(2) For HOME tenant-based rental 

assistance. Each entity that administers 

HOME tenant-based rental assistance 

must provide the notice and 

certification form described in 24 CFR 

5.2005(a) to each applicant for HOME 

tenant-based rental assistance when the 

applicant’s HOME tenant-based rental 

assistance is approved or denied. Each 

entity that administers HOME tenantbased rental assistance must also 

provide the notice and certification form 

described in 24 CFR 5.2005(a) to a 

tenant receiving HOME tenant-based 

rental assistance when the entity 

provides the tenant with notification of 

termination of the HOME tenant-based 

rental assistance and when the entity 

learns that the tenant’s housing owner 

intends to provide the tenant with 

notification of eviction. 

(d) Bifurcation of lease requirements. 

The requirements of 24 CFR 5.2009(b) 

do not apply to HOME-assisted rental 

units or housing for which HOME 

tenant-based rental assistance is the 

only assistance provided (i.e., the 

housing is not assisted housing under a 

covered housing program, as defined in 

24 CFR 5.2003). With respect to this 

housing, the following requirements 

apply when a lease is bifurcated in 

accordance with 24 CFR 5.2009(a): 

(1) The participating jurisdiction or its 

designee must establish a bifurcation 

policy, which at a minimum specifies: 

(i) What constitutes a reasonable 

opportunity for the remaining tenant to 

establish eligibility for the HOMEassisted unit, if the qualifying tenant is 

removed through bifurcation; 

(ii) What constitutes a reasonable 

opportunity for the remaining tenant to 

establish eligibility for HOME tenantbased rental assistance, if the qualifying 

tenant is removed through bifurcation; 

and 

(iii) Which provisions, if any, the 

VAWA lease term/addendum for HOME 

tenant-based rental assistance must 

include to protect the remaining tenant, 

if the qualifying tenant is removed 

through bifurcation. 

(2) If the qualifying tenant for a 

HOME-assisted unit is removed through 

bifurcation, the owner must provide any 

remaining tenant a reasonable 

opportunity, as determined by the 

participating jurisdiction, to establish 

eligibility for the HOME-assisted unit. If 

the remaining tenant cannot establish 

eligibility, the owner must give the 

tenant at least 60 days to find other 

housing, beginning on the date the 

tenant is determined ineligible. 

(3) If HOME tenant-based rental 

assistance is the only assistance 

provided, the following requirements 

apply: 

(i) If the qualifying tenant for the 

HOME tenant-based rental assistance is 

removed through the bifurcation, the 

housing owner and the entity 

administering the HOME tenant-based 

rental assistance must provide any 

remaining tenant(s) a reasonable 

opportunity, as determined by the 

participating jurisdiction, to establish 

eligibility for the HOME tenant-based 

rental assistance. 

(ii) When a family separates under 24 

CFR 5.2009(a) and both resulting 

families remain eligible for HOME 

tenant-based rental assistance, the 

participating jurisdiction or its designee 

must determine on a case-by-case basis 

which of the resulting families will keep 

the current HOME tenant-based rental 

assistance and whether the other 

resulting family will receive new HOME 

tenant-based rental assistance. 

(e) VAWA lease term/addendum. The 

participating jurisdiction is responsible 

for developing a VAWA lease term/

addendum to incorporate the VAWA 

requirements that apply to the owner 

under this section, including the 

prohibited bases for eviction and 

restrictions on construing lease terms 

under 24 CFR 5.2005(b) and (c). This 

VAWA lease term/addendum must also 

provide that the tenant may terminate 

the lease without penalty if the 

participating jurisdiction or its designee 

determines that the tenant has met the 

conditions for an emergency transfer 

under 24 CFR 5.2005(e). When HOME 

tenant-based rental assistance is 

provided, the lease term/addendum 

must require the owner to notify the 

entity administering HOME tenantbased rental assistance before the owner 

initiates a bifurcation of the lease or 

provides notification of eviction to the 

tenant. If HOME tenant-based rental 

assistance is the only assistance 

provided (i.e., the unit is not assisted 

housing under a covered housing 

program, as defined in 24 CFR 5.2003), 

the VAWA lease term/addendum may 

be written to expire at the end of the 

rental assistance period. 

(f) Period of applicability. For HOMEassisted rental housing, the 

requirements of this section shall apply 

to the owner or manager of the housing 

for the duration of the affordability 

period. For HOME tenant-based rental 

assistance, the requirements of this 

section shall apply to the owner or 

manager of the tenant’s housing for the 

period for which the rental assistance is 

provided. 

■ 6. Section 92.504(c)(3)(v) is amended 

by adding paragraph (c)(3)(v)(F) to read 

as follows: 

§ 92.504 Participating jurisdiction 

responsibilities; written agreements; on-site 

inspection. 

* * * * * 

(c) Provisions in written agreements: 

* * * 

(3) * * * 

(i) * * * 

(v) * * * 

(F) The VAWA requirements 

prescribed in § 92.359. 

* * * * * 

PART 200—INTRODUCTION TO FHA 

PROGRAMS 

■ 7. The authority citation for Part 200 

continues to read as follows: 

Authority: 12 U.S.C. 1702–1715z–21 and 

42 U.S.C. 3535(d). 

■ 8. Add § 200.38 to read as follows: 

§ 200.38 Protections for victims of 

domestic violence. 

(a) The requirements for protection for 

victims of domestic violence, dating 

violence, sexual assault, or stalking in 

24 CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking) 

apply to programs administered under 

section 236 and under sections 221(d)(3) 

and (d)(5) of the National Housing Act, 

as follows: 

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(1) Multifamily rental housing under 

section 221(d)(3) of the National 

Housing Act (12 U.S.C. 17151(d)) with 

a below-market interest rate (BMIR) 

pursuant to section 221(d)(5), with 

implementing regulations at 24 CFR part 

221. The Section 221(d)(3) BMIR 

program insured and subsidized 

mortgage loans to facilitate new 

construction or substantial 

rehabilitation of multifamily rental 

cooperative housing for low- and 

moderate-income families. The program 

is no longer active, but section 221(d)(3) 

BMIR properties that remain in 

existence are covered by VAWA. 

Coverage of section 221(d)(3) and (d)(5) 

BMIR housing does not include section 

221(d)(3) and (d)(5) BMIR projects that 

refinance under section 223(a)(7) or 

223(f) of the National Housing Act 

where the interest rate is no longer 

determined under section 221(d)(5). 

(2) Multifamily rental housing under 

section 236 of the National Housing Act 

(12 U.S.C. 1715z–1), with implementing 

regulations at 24 CFR part 236. Coverage 

of the section 236 program includes not 

only those projects with FHA-insured 

project mortgages under section 236(j), 

but also non-FHA-insured projects that 

receive interest reduction payments 

(‘‘IRP’’) under section 236(b) and 

formerly insured section 236 projects 

that continue to receive interest 

reduction payments through a 

‘‘decoupled’’ IRP contract under section 

236(e)(2). Coverage also includes 

projects that receive rental assistance 

payments authorized under section 

236(f)(2). 

(b) For the programs administered 

under paragraph (a) of this section, 

‘‘covered housing provider’’ as such 

term is used in 24 CFR part 5, subpart 

L, refers to the mortgagor, or owner, as 

applicable, and as provided in guidance 

issued by HUD. 

PART 574—HOUSING 

OPPORTUNITIES FOR PERSONS WITH 

AIDS 

■ 9. The authority citation for part 574 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d) and 12901– 

12912. 

■ 10. Add § 574.460 to read as follows: 

§ 574.460 Remaining participants 

following bifurcation of a lease or eviction 

as a result of domestic violence. 

With respect to participants living in 

a unit assisted under the HOPWA 

program with a person with AIDS, and 

the person with AIDS was found to have 

engaged in domestic violence, dating 

violence, sexual assault or stalking, the 

grantee or project sponsor shall provide 

a reasonable grace period for continued 

participation by the remaining 

participants, which period shall be no 

less than 90 days, and not more than 1 

year, from the date of eviction of the 

person with AIDS. The grantee or 

project sponsor shall notify the 

remaining participants of the duration 

of their grace period and may assist 

them with information on other 

available housing programs and with 

moving expenses. 

■ 11. Add § 574.604 to read as follows: 

§ 574.604 Protections for victims of 

domestic violence, dating violence, sexual 

assault, and stalking. 

(a) General—(1) Applicability of 

VAWA. The VAWA requirements set 

forth in 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), apply to all 

housing assisted with HOPWA grant 

funds for acquisition, rehabilitation, 

conversion, lease, and repair of facilities 

to provide housing; new construction; 

and operating costs provided in 

§ 574.300. The requirements set forth in 

24 CFR part 5, subpart L, also apply to 

project- or tenant-based rental assistance 

as provided in §§ 574.300 and 574.320, 

and community residences, as provided 

in § 574.340. 

(2) Inapplicability of VAWA. The 

requirements set forth in 24 CFR 5, 

subpart L do not apply to short-term 

supported housing, as provided in 

§ 574.330. 

(b) Covered housing provider. For the 

programs administered under paragraph 

(a) of this section, ‘‘covered housing 

provider’’ as such term is used in 24 

CFR part 5, subpart L, is the HOPWA 

grantee, project sponsor, or housing or 

facility owner, as described in this 

section. 

(1)(i) For HOPWA-assisted units, the 

HOPWA grantee is responsible for 

ensuring that the project sponsor: 

(A) Sets policy for determining 

‘‘reasonable opportunity’’ for 

establishing eligibility for remaining 

tenants in HOPWA facility-based 

assistance—minimum 90 days, 

maximum 1 year; 

(B) Provides notice of occupancy 

rights and the certification form at 

admission, denial of assistance, 

termination, or eviction; 

(C) Adopts and administers 

emergency transfer plan, and facilitating 

emergency transfers; and 

(D) Maintains the confidentiality of 

documentation submitted by tenants 

requesting emergency transfers and of 

each tenant’s housing location. 

(ii)(A) If a tenant seeks VAWA 

protections, the tenant must submit 

such request through the project 

sponsor (or grantee if the grantee is 

directly administering housing 

assistance). The project sponsor will 

work with the facility owner to facilitate 

protections on the tenant’s behalf. 

Project sponsors must follow the 

documentation specifications in 24 CFR 

5.2007 and maintain confidentiality as 

provided in 24 CFR 5.2007. 

(B) The facility owner is responsible 

for using a HOPWA lease addendum 

with VAWA protections and, if such 

option is exercised, bifurcating the lease 

to evict the tenant that perpetrated the 

domestic violence, dating violence, 

sexual assault, or stalking. 

(2)(i) For tenant-based rental 

assistance, the HOPWA grantee is 

responsible for ensuring that the project: 

(A) Sets policy for determining 

‘‘reasonable opportunity’’ for 

establishing eligibility for remaining 

tenants in HOPWA facility-based 

assistance—minimum 90 days, 

maximum 1 year; 

(B) Provides notice of occupancy 

rights and the certification form at 

admission, denial of assistance, 

termination, or eviction; 

(C) Adopts and administers 

emergency transfer plan, and facilitates 

emergency transfers; and 

(D) Maintains the confidentiality of 

documentation submitted by tenants 

requesting emergency transfers and of 

each tenant’s housing location. 

(ii)(A) If a tenant seeks VAWA 

protections, the tenant must submit 

such request through the project 

sponsor (or the grantee if the grantee is 

directly administering housing 

assistance). The project sponsor will 

work with the facility owner to facilitate 

protections on the tenant’s behalf. 

Project sponsors must follow the 

documentation specifications in 24 CFR 

5.2007 and maintain confidentiality as 

provided in 24 CFR 5.2007. The project 

sponsor is also responsible for 

determining on a case-by-case basis 

whether to provide new tenant-based 

rental assistance to a remaining tenant 

if an emergency transfer results in 

division of the household. 

(B) The facility owner is responsible 

for using a HOPWA lease addendum 

with VAWA protections and, if such 

option is exercised, bifurcating the lease 

to evict the tenant that perpetrated the 

domestic violence, dating violence, 

sexual assault, or stalking. 

(c) Effective date. For formula grants, 

compliance with the VAWA 

requirements under this section and 24 

CFR part 5, subpart L, is not required for 

any project covered under § 574.604(a) 

for which the date of the HOPWA 

funding commitment is earlier than 

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[insert effective date of the final rule]. 

For competitive grants, VAWA 

requirements under this section and 24 

CFR part 5, subpart L, are incorporated 

in the annual notice of funding 

availability (NOFA) and made 

applicable through the grant agreement 

or Renewal Memorandum, executed for 

the first full fiscal year that commences 

on [insert effective date of the final 

rule]. 

(d) Notification requirements. (1) As 

provided in paragraph (b) of this 

section, the grantee is responsible for 

ensuring that each eligible person 

applying to or assisted under the 

eligible activities described in 

§ 574.604(a) receives the notice and 

certification form described in 24 CFR 

5.2005 at the following times: 

(i) At the time the eligible person is 

denied tenant-based rental assistance or 

admission to a HOPWA-assisted unit; 

(ii) At the time the eligible person is 

admitted to a HOPWA-assisted unit or 

begins receiving tenant-based rental 

assistance; and 

(iii) With any notification of eviction 

from the HOPWA-assisted unit or 

termination of HOPWA tenant-based 

rental assistance. 

(2) The grantee is responsible for 

ensuring that, for each tenant receiving 

HOPWA tenant-based rental assistance, 

the owner or manager of the tenant’s 

housing unit commits to provide the 

notice and certification form described 

in 24 CFR 5.2005 with any notification 

of eviction that the owner or manager 

provides to the tenant during the period 

for which the tenant is receiving 

HOPWA tenant-based rental assistance. 

This commitment, as well as the 

confidentiality requirements under 24 

CFR 5.2007(c), must be set forth in the 

VAWA lease term/addendum required 

under paragraph (e) of this section. 

(e) Definition of reasonable time. For 

the purpose of 24 CFR 5.2009(b), the 

reasonable time is the reasonable grace 

period described in 24 CFR 547.460. 

(f) VAWA lease term/addendum. As 

provided in paragraph (b) of this 

section, the facility owner or housing 

owner, as applicable, is responsible for 

developing a VAWA lease term/

addendum to incorporate all obligations 

and prohibitions that apply to the 

housing owner under 24 CFR part 5, 

subpart L, including the prohibited 

bases for eviction under 24 CFR 

5.2005(b). The VAWA lease term/

addendum must also provide that the 

tenant may terminate the lease without 

penalty if a determination is made that 

the tenant has met the conditions for an 

emergency transfer under 24 CFR 

5.2005(e). For tenant-based rental 

assistance, the VAWA lease term/

addendum may be written to expire at 

the end of the rental assistance period, 

except where the tenant’s housing is 

assisted under a ‘‘covered housing 

program,’’ as defined in 24 CFR 5.2003. 

The facility owner or housing owner, as 

applicable, is responsible for ensuring 

the VAWA lease term/addendum is 

added to the leases for all HOPWAassisted units and the leases for all 

eligible persons receiving HOPWA 

tenant-based rental assistance. 

PART 576—EMERGENCY SOLUTIONS 

GRANTS PROGRAM 

■ 12. The authority citation for part 576 

continues to read as follows: 

Authority: 42 U.S.C. 11371 et seq., 42 

U.S.C. 3535(d). 

■ 13. In § 576.105, add paragraph (a)(7) 

to read as follows: 

§ 576.105 Housing relocation and 

stabilization services. 

(a) * * * 

(7) If a program participant receiving 

short- or medium-term rental assistance 

under § 576.106 meets the conditions 

for an emergency transfer under 24 CFR 

5.2005(e), ESG funds may be used to 

pay damages caused by early 

termination of the program participant’s 

lease. These costs are not subject to the 

24-month limit on rental assistance 

under § 576.106. 

* * * * * 

■ 14. In § 576.106, paragraphs (e) and (g) 

are revised to read as follows: 

§ 576.106 Short-term and medium-term 

rental assistance. 

* * * * * 

(e) Rental assistance agreement. The 

recipient or subrecipient may make 

rental assistance payments only to an 

owner with whom the recipient or 

subrecipient has entered into a rental 

assistance agreement. The rental 

assistance agreement must set forth the 

terms under which rental assistance will 

be provided, including the requirements 

that apply under this section. The rental 

assistance agreement must provide that, 

during the term of the agreement, the 

owner must give the recipient or 

subrecipient a copy of any notice to the 

program participant to vacate the 

housing unit or any complaint used 

under State or local law to commence 

an eviction action against the program 

participant. Each rental assistance 

agreement that is executed or renewed 

on or after [insert the effective date of 

the final rule] must include all tenant 

protections under 24 CFR part 5, 

subpart L, except 24 CFR 5.2005(e). If 

the housing is not assisted under 

another ‘‘covered housing program’’, as 

defined in 24 CFR 5.2003, the agreement 

may provide that the owner’s 

obligations under 24 CFR part 5, subpart 

L (Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), expire at the end 

of the rental assistance period. 

* * * * * 

(g) Lease. Each program participant 

receiving rental assistance must have a 

legally binding, written lease for the 

rental unit, unless the assistance is 

solely for rental arrears. The lease must 

be between the owner and the program 

participant. Where the assistance is 

solely for rental arrears, an oral 

agreement may be accepted in place of 

a written lease, if the agreement gives 

the program participant an enforceable 

leasehold interest under state law and 

the agreement and rent owed are 

sufficiently documented by the owner’s 

financial records, rent ledgers, or 

canceled checks. For program 

participants living in housing with 

project-based rental assistance under 

paragraph (i) of this section, the lease 

must have an initial term of 1 year. Each 

lease executed on or after [insert the 

effective date of the final rule] must 

include a lease provision or incorporate 

a lease addendum that includes all 

protections that apply to tenants under 

24 CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

except 24 CFR 5.2005(e). If the housing 

is not assisted under another ‘‘covered 

housing program’’, as defined in 24 CFR 

5.2003, the lease provision or lease 

addendum may be written to expire at 

the end of the rental assistance period. 

* * * * * 

■ 15. In § 576.407, add paragraph (g) to 

read as follows: 

§ 576.407 Other Federal requirements. 

* * * * * 

(g) Protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. (1) The 

requirements of 24 CFR part 5, subpart 

L apply to all eligibility and termination 

decisions that are made with respect to 

ESG rental assistance on or after [insert 

the effective date of the final rule]. The 

recipient must ensure that the 

requirements under 24 CFR part 5, 

subpart L, are included or incorporated 

into rental assistance agreements and 

leases as provided in § 576.106(e) and 

(g). 

(2) For the ESG program, ‘‘covered 

housing provider,’’ as such term is used 

in HUD’s regulations in 24 CFR part 5, 

subpart L, and that is designated to 

carry out the duties and responsibilities 

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specified in 24 CFR part 5, subpart L, 

refers to: 

(i) The recipient or subrecipient that 

administers the rental assistance for the 

purposes of § 5.2005(e); 

(ii) The housing owner for the 

purposes of § 5.2005(d)(1), (d)(3), and 

(d)(4) and § 5.2009(a); 

(iii) The housing owner and the 

recipient or subrecipient that 

administers the rental assistance for the 

purposes of § 5.2005(d)(2) and 

§ 5.2009(b); and 

(iv) The housing owner and the 

recipient or subrecipient that 

administers the rental assistance for the 

purposes of § 5.2007, unless otherwise 

provided in a written policy authorized 

by this section. 

(3) As provided under 24 CFR 

5.2005(a)(1) and (3), each recipient or 

subrecipient that determines eligibility 

for or administers ESG rental assistance 

is responsible for ensuring that the 

notice and certification form described 

under 24 CFR 5.2005(a)(1) is provided 

to each applicant for ESG rental 

assistance and each program participant 

receiving ESG rental assistance at each 

of the following times: 

(i) When an individual or family is 

denied ESG rental assistance; 

(ii) When a program participant 

begins receiving ESG rental assistance; 

(iii) When a program participant is 

notified of termination of ESG rental 

assistance; and 

(iv) When a program participant 

receives notification of eviction. 

(3)(i) The recipient must develop an 

emergency transfer plan to meet the 

requirements of 24 CFR 5.2005(e) or 

require its subrecipients that administer 

ESG rental assistance to develop 

emergency transfer plans to meet the 

requirements of 24 CFR 5.2005(e). If the 

recipient requires its subrecipients to 

develop the plans, the recipient must 

specify whether: 

(A) One plan is to be developed for 

the recipient’s jurisdiction as a whole; 

(B) One plan is to be developed for 

each Continuum of Care in which the 

subrecipients are located; or 

(C) One plan is to be developed for 

each subrecipient that administers ESG 

rental assistance. 

(ii) Once the applicable plan is 

developed, each recipient and 

subrecipient that administers ESG rental 

assistance must adopt and implement 

the plan in accordance with 24 CFR 

5.2005(e). 

(4) The recipient or subrecipient that 

administers ESG rental assistance may 

establish a written policy that allows or 

requires program participants to seek 

the recipient or subrecipient’s assistance 

in preventing an owner from taking 

actions prohibited by VAWA. The 

policy must be appended to the notice 

of occupancy rights under VAWA and 

in the VAWA protection provisions in 

leases and rental assistance agreements 

as provided under § 576.106. At a 

minimum, the policy must provide that 

if a program participant seeks the 

recipient or subrecipient’s assistance in 

preventing an owner’s action: 

(i) The recipient or subrecipient may 

request documentation under § 5.2007, 

but the program participant will not be 

required to provide documentation to 

the owner, except under court order; 

(ii) The recipient or subrecipient must 

determine whether the program 

participant is entitled to protection 

under VAWA, and immediately advise 

the program participant of the 

determination; and 

(iii) If the program participant is 

entitled to protection, the recipient or 

subrecipient must notify the owner in 

writing that the program participant is 

entitled to protection under VAWA and 

of the actions that are prohibited under 

VAWA, and the recipient or 

subrecipient must work with the owner 

on the program participant’s behalf to 

resolve the matter. Any further sharing 

or disclosure of the program 

participant’s information will be subject 

to the requirements in § 5.2007. 

PART 578—CONTINUUM OF CARE 

PROGRAM 

■ 16. The authority citation for part 578 

continues to read as follows: 

Authority: 42 U.S.C. 11371 et seq., 42 

U.S.C. 3535(d). 

■ 17. In § 578.7, paragraph (d) is added 

to read as follows: 

§ 578.7 Responsibilities of the Continuum 

of Care. 

* * * * * 

(d) VAWA emergency transfer plan. 

The Continuum of Care must develop 

the emergency transfer plan required 

under 24 CFR 5.2005(e) to coordinate 

emergency transfers within the 

geographic area, which plan: 

(i) Requires all recipients and 

subrecipients in the geographic area to 

use the plan; and 

(ii) Permits recipients and 

subrecipients of grants for tenant-based 

rental assistance to use grant funds to 

pay damages resulting from the early 

termination of a lease if the recipient or 

subrecipient determines that the 

conditions of 24 CFR 5.2005(e) are met 

and the program participant uses the 

emergency transfer plan to transfer to a 

‘‘safe and available unit.’’ The revision 

will clarify what grant funds may be 

used to pay and will reflect the addition 

of 24 CFR 5.2005(e)(3). 

■ 18. In § 578.51, add paragraph (m) to 

read as follows: 

§ 578.51 Rental assistance. 

* * * * * 

(m) VAWA emergency transfer plan 

costs. Recipients and subrecipients of 

grants for tenant-based rental assistance 

may use grant funds to pay damages 

resulting from early termination of a 

lease if the conditions of § 578.7(d) are 

met. 

■ 19. In § 578.75, paragraph (i) is 

revised to read as follows: 

§ 578.75 General operations. 

* * * * * 

(i) Retention of assistance after death, 

incarceration, institutionalization, or 

eviction of qualifying member. (1) For 

permanent supportive housing projects, 

surviving members of any household 

who were living in a unit assisted under 

this part at the time of the qualifying 

member’s death, long-term 

incarceration, or long-term 

institutionalization have the right to 

rental assistance under this section until 

the expiration of the lease in effect at 

the time of the qualifying member’s 

death, long-term incarceration, or longterm institutionalization. 

(2) Remaining program participants 

following bifurcation of a lease or 

eviction as a result of domestic violence. 

For permanent supportive housing 

projects, members of any household 

who were living in a unit assisted under 

this part at the time of a qualifying 

member’s eviction from the unit because 

the qualifying member was found to 

have engaged in domestic violence, 

dating violence, sexual assault, or 

stalking, have the right to rental 

assistance under this section until the 

expiration of the lease in effect at the 

time of the qualifying member’s 

eviction. 

■ 20. In § 578.91, revise paragraph (a) to 

read as follows: 

§ 578.91 Termination of assistance to 

program participants. 

(a) Termination of assistance. The 

recipient or subrecipient may terminate 

assistance to a program participant who 

violates program requirements or 

conditions of occupancy, subject to the 

requirements of 24 CFR part 5, subpart 

L (Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking). Termination under 

this section does not bar the recipient or 

subrecipient from providing further 

assistance at a later date to the same 

individual or family. 

* * * * * 

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■ 21. In § 578.99, add paragraph (j) to 

read as follows: 

§ 578.99 Applicability of other Federal 

requirements. 

* * * * * 

(j) Protections for victims of domestic 

violence, dating violence, sexual 

assault, or stalking—(1) General. The 

requirements set forth in 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), 

implementing the requirements of the 

VAWA apply to all permanent housing 

and transitional housing, except safe 

havens, for which Continuum of Care 

program funds are used for acquisition, 

rehabilitation, new construction, 

leasing, rental assistance, or operating 

costs. The requirements also apply 

where funds are used for homelessness 

prevention, but only where the funds 

are used to provide short- and/or 

medium-term rental assistance. For the 

Continuum of Care program, ‘‘covered 

housing provider,’’ as such term is used 

in HUD’s regulations in 24 CFR part 5, 

subpart L refers to the entity that carries 

out the duties and responsibilities of a 

covered housing provider, as provided 

in §§ 578.7, 578.75, 578.91 and 578.99. 

(2) Definition of covered housing 

provider. For the Continuum of Care 

program, ‘‘covered housing provider,’’ 

as such term is used HUD’s regulations 

in 24 CFR part 5, subpart L, and that is 

designated to carry out the duties and 

responsibilities specified in 24 CFR part 

5, subpart L, refers to: 

(i) The entity that carries out the 

duties and responsibilities of a covered 

housing provider, as provided in 

§§ 578.7, 578.75, 578.91, and 578.99; 

(ii) The owner or landlord, which may 

be the recipient or subrecipient, for 

purposes of 24 CFR 5.2005(d)(1) and 

5.2009(a); 

(iii) The recipient, subrecipient, and 

owner or landlord for purposes of 24 

CFR 5.2005(d)(2)–(d)(4) ; and 

(iv) The recipient or subrecipient for 

purposes of 24 CFR 5.2007 if the 

recipient or subrecipient establishes a 

policy under § 578.99(j)(5) requiring the 

program participant to seek the 

recipient’s or subrecipient’s assistance; 

otherwise the recipient, subrecipient, 

and owner or landlord for purposes 24 

CFR 5.2007. 

(3) Effective date. Compliance with 

the requirements of 24 CFR part 5, 

subpart L, and this paragraph (j) is 

required for grants awarded pursuant to 

NOFAs published on or after [insert 

effective date of the final rule]. 

Compliance is encouraged for grants 

awarded pursuant to NOFAs published 

earlier than [insert effective date of the 

final rule]. 

(4) Notification requirements. (i) The 

recipient or subrecipient must provide 

each individual or family applying for 

permanent housing and transitional 

housing and each program participant 

the notice and the certification form 

described in 24 CFR 5.2005 at each of 

the following times: 

(A) When an individual or family is 

denied permanent housing or 

transitional housing; 

(B) When a program participant is 

admitted to permanent housing or 

transitional housing; 

(C) When a program participant 

receives notification of eviction; and 

(D) When a program participant is 

notified of termination of assistance. 

(ii) When grant funds are used for 

rental assistance, the recipient or 

subrecipient must ensure that the owner 

or manager of the housing provides the 

notice and certification form described 

in 24 CFR 5.2005(a) to the program 

participant with any notification of 

eviction. This commitment and the 

confidentiality requirements under 24 

CFR 5.2007(c) must be set forth in a 

contract with the owner or landlord. 

(5) Optional policy. A recipient or 

subrecipient may establish a written 

policy that allows or requires program 

participants to seek the recipient’s or 

subrecipient’s assistance in preventing 

an owner or landlord from taking an 

action that is prohibited under 24 CFR 

part 5, subpart L. The policy must be 

appended to the notice of occupancy 

rights under VAWA, and included in a 

contract between the recipient or 

subrecipient and the owner or landlord, 

and in any lease or sublease between the 

owner or landlord and a program 

participant. The policy must include the 

following: 

(i) If a program participant seeks the 

recipient’s or subrecipient’s assistance 

in preventing the owner’s or landlord’s 

action, the program participant, upon 

request of the recipient or subrecipient 

for documentation under 24 CFR 

5.2007, will provide the requested 

documentation to the recipient or 

subrecipient and will not be required to 

provide the documentation to the owner 

or landlord, except under court order. 

Any further sharing or disclosure of the 

program participant’s information will 

be subject to the requirements in 24 CFR 

5.2007. 

(ii) The recipient or subrecipient must 

determine whether the program 

participant is entitled to protection 

under 24 CFR part 5, subpart L, and 

immediately advise the program 

participant of the determination. 

(iii) If the program participant is 

entitled to protection, the recipient or 

subrecipient must notify the owner or 

landlord in writing that the program 

participant is entitled to protection 

under 24 CFR part 5, subpart L and of 

the actions that are prohibited under 24 

CFR part 5, subpart L, and must work 

with the owner or landlord on the 

program participant’s behalf to resolve 

the matter. 

(6) Contract, lease, and occupancy 

agreement provisions. (i) Recipients and 

subrecipients must include in any 

contracts and leases between the 

recipient or subrecipient, and an owner 

or landlord of the housing: 

(A) The requirement to comply with 

24 CFR part 5, subpart L; and 

(B) Where the owner or landlord of 

the housing will have a lease with a 

program participant, the requirement to 

include a lease provision that includes 

all protections that apply to tenants 

under 24 CFR part 5, subpart L. 

(ii) The recipient or subrecipient must 

include in any lease, sublease, and 

occupancy agreement with the program 

participant a provision that includes all 

protections that apply to tenants under 

24 CFR part 5, subpart L. The lease, 

sublease, and occupancy agreement may 

specify that the protections under 24 

CFR part 5, subpart L, apply only during 

the period of assistance under the 

Continuum of Care Program. The period 

of assistance for housing where grant 

funds were used for acquisition, 

construction, or rehabilitation is 15 

years from the date of initial occupancy 

or date of initial service provision. 

(iii) Except for tenant-based rental 

assistance, recipients and subrecipients 

must require that any lease, sublease, or 

occupancy agreement with a program 

participant permits the program 

participant to terminate the lease, 

sublease, or occupancy agreement 

without penalty if the recipient or 

subrecipient determines that the 

conditions of 24 CFR 5.2005(e) are met. 

(iv) For tenant-based rental assistance, 

the recipient or subrecipient must enter 

into a contract with the owner or 

landlord of the housing that: 

(A) Requires the owner or landlord of 

the housing to comply with the 

provisions of 24 CFR part 5, subpart L; 

and 

(B) Requires the owner or landlord of 

the housing to include a lease provision 

that includes all protections that apply 

to tenants under 24 CFR part 5, subpart 

L. The lease may specify that the 

protections under 24 CFR part 5, 

subpart L, only apply while the program 

participant receives tenant-based rental 

assistance under the Continuum of Care 

Program. 

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(7) Transition. (i) The recipient or 

subrecipient must ensure that the 

requirements set forth in § 578.99(j)(5) 

apply to any contracts, leases, subleases, 

or occupancy agreements entered into, 

or renewed, following the expiration of 

an existing term, on or after the effective 

date in § 578.99(j)(2). This obligation 

includes any contracts, leases, 

subleases, and occupancy agreements 

that will automatically renew on or after 

the effective date in § 578.99(j)(3). 

(ii) For leases for tenant-based rental 

assistance existing prior to the effective 

date in § 578.99(j)(2), recipients and 

subrecipients must enter into a contract 

under § 578.99(j)(6)(iv) before the next 

renewal of the lease. 

(8) Definition of reasonable time. The 

requirements of 24 CFR 5.2009(b) do not 

apply to this part. See § 578.75(i)(2) for 

the reasonable time provided to 

remaining program participants under 

this part. 

(9) Develop the VAWA emergency 

transfer plan. See § 578.7(d). 

PART 880—SECTION 8 HOUSING 

ASSISTANCE PAYMENT PROGRAM 

FOR NEW CONSTRUCTION 

■ 22. The authority citation for part 880 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 

3535(d), 12701, and 13611–13619. 

■ 23. In § 880.201, a definition of 

‘‘covered housing provider’’ is added in 

alphabetical order to read as follows: 

§ 880.201 Definitions. 

* * * * * 

Covered housing provider. For the 

Section 8 Housing Assistance Payment 

Program for New Construction, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations in 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

refers to the PHA or owner, as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). 

Additionally, the owner (not the PHA) 

is the covered housing provider that 

may choose to bifurcate a lease as 

described at 24 CFR 5.2009(a), but the 

PHA (not the owner) is the covered 

housing provider responsible for 

providing the ‘‘reasonable time to 

establish eligibility for assistance 

following bifurcation of a lease’’ 

described at 24 CFR 5.2009(b). 

* * * * * 

■ 24. Revise § 880.504(f) to read as 

follows: 

§ 880.504 Leasing to eligible families. 

* * * * * 

(f) Protections for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. The regulations of 

24 CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

apply to selection of tenants and 

occupancy requirements in cases 

involving or allegedly involving 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

sexual assault, or stalking. 

■ 25. In § 880.607 revise paragraph 

(c)(5) to read as follows: 

§ 880.607 Termination of tenancy and 

modification of lease. 

* * * * * 

(c) * * * 

(5) In actions or potential actions to 

terminate tenancy, the owner shall 

follow 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), in all cases where 

domestic violence, dating violence, 

sexual assault, stalking, or criminal 

activity directly related to domestic 

violence, dating violence, sexual 

assault, or stalking is involved or 

claimed to be involved. 

* * * * * 

PART 882—SECTION 8 MODERATE 

REHABILITATION PROGRAMS 

■ 26. The authority citation for part 882 

continues to read as follows: 

Authority: 42 U.S.C. 1437f and 3535d. 

■ 27. In § 882.102(b), a definition of 

‘‘covered housing provider’’ is added in 

alphabetical order to read as follows: 

§ 882.102 Definitions 

* * * * * 

Covered housing provider. For the 

Section 8 Moderate Rehabilitation 

Programs, as provided in subparts A, D, 

and E of this part, ‘‘covered housing 

provider,’’ as such term is used in 

HUD’s regulations in 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), refers to 

the PHA or owner, as applicable given 

the responsibilities of the covered 

housing provider as set forth in 24 CFR 

part 5, subpart L. For example, the PHA 

(not the owner) is the covered housing 

provider responsible for providing the 

‘‘notice of occupancy rights under 

VAWA, and certification form’’ 

described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 28. Revise § 882.407 to read as 

follows: 

§ 882.407 Other Federal requirements. 

The moderate rehabilitation program 

is subject to applicable Federal 

requirements in 24 CFR 5.105 and to the 

requirements for protection for victims 

of domestic violence, dating violence, 

sexual assault, or stalking in 24 CFR 

part 5, subpart L (Protection for Victims 

of Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking). 

■ 29. Revise § 882.511(g) to read as 

follows: 

§ 882.511 Lease and termination of 

tenancy. 

* * * * * 

(g) In actions or potential actions to 

terminate tenancy, the owner shall 

follow 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), in all cases where 

domestic violence, dating violence, 

sexual assault, or stalking, or criminal 

activity directly related to domestic 

violence, dating violence, sexual 

assault, or stalking is involved or 

claimed to be involved. 

■ 30. In § 882.514(c), revise the fourth 

sentence, to read as follows: 

§ 882.514 Family participation. 

* * * * * 

(c) Owner selection of families. * * * 

However, the owner must not deny 

program assistance or admission to an 

applicant based on the fact that the 

applicant is or has been a victim of 

domestic violence, dating violence, 

sexual assault, or stalking, if the 

applicant otherwise qualifies for 

assistance or admission. * * * 

* * * * * 

■ 31. In § 882.802, a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order, to read as 

follows: 

§ 882.802 Definitions. 

* * * * * 

Covered housing provider. For the 

Section 8 Moderate Rehabilitation 

Single Room Occupancy Program for 

Homeless Individuals, ‘‘covered housing 

provider,’’ as such term is used in 

HUD’s regulations in 24 CFR part 5, 

subpart L (Protection for Victims of 

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Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), refers to 

the owner as defined in this section. 

* * * * * 

■ 32. In § 882.804, paragraph (a) is 

revised to read as follows: 

§ 882.804 Other Federal requirements. 

(a) Participation in this program 

requires compliance with the Federal 

requirements set forth in 24 CFR 5.105, 

with the Americans with Disabilities 

Act (42 U.S.C. 12101 et seq.), and with 

the regulations in 24 CFR part 5, subpart 

L (Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking). 

* * * * * 

PART 883—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS 

PROGRAMS—STATE HOUSING 

AGENCIES 

■ 33. The authority citation for part 883 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 

3535(d), and 13611–13619. 

■ 34. In § 883.302, a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order, to read as 

follows: 

§ 883.302 Definitions 

* * * * * 

Covered housing provider. For the 

Section 8 Housing Assistance Payments 

Programs—State Housing Agencies, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations in 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

refers to the PHA or owner, as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 35. Revise § 883.605 to read as 

follows: 

§ 883.605 Leasing to eligible families. 

The provisions of 24 CFR 880.504 

apply, including reference at 24 CFR 

880.504(f) to the requirements of 24 CFR 

part 5, subpart L (Protection for Victims 

of Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), pertaining 

to the selection of tenants and 

occupancy requirements in cases 

involving or allegedly involving 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

sexual assault, or stalking, subject to the 

requirements of § 883.105. 

PART 884—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS PROGRAM, 

NEW CONSTRUCTION SET-ASIDE FOR 

SECTION 515 RURAL RENTAL 

HOUSING 

■ 36. The authority citation for part 884 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 

3535(d), and 13611–13619. 

■ 37. In § 884.102, a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order, to read as 

follows: 

§ 884.102 Definitions 

* * * * * 

Covered housing provider. For the 

Section 8 Housing Assistance Payments 

Programs, New Construction Set-Aside 

for Section 515 Rural Rental Housing, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations at 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

refers to the PHA or owner, as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). 

Additionally, the owner (not the PHA) 

is the covered housing provider that 

may choose to bifurcate a lease as 

described at 24 CFR 5.2009(a), but the 

PHA (not the owner) is the covered 

housing provider responsible for 

providing the ‘‘reasonable time to 

establish eligibility for assistance 

following bifurcation of a lease’’ 

described at 24 CFR 5.2009(b). 

* * * * * 

■ 38. Revise § 884.216(c) to read as 

follows: 

§ 884.216 Termination of tenancy. 

* * * * * 

(c) In actions or potential actions to 

terminate tenancy, the owner shall 

follow 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) in all cases where 

domestic violence, dating violence, 

sexual assault, or stalking, or criminal 

activity directly related to domestic 

violence, dating violence, sexual 

assault, or stalking is involved or 

claimed to be involved. 

■ 39. Revise § 884.223(f) to read as 

follows: 

§ 884.223 Leasing to eligible families. 

* * * * * 

(f) The regulations in 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply to 

selection of tenants and occupancy 

requirements in cases involving or 

allegedly involving incidents of, or 

criminal activity related to, domestic 

violence, dating violence, sexual 

assault, or stalking. 

PART 886—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS 

PROGRAM—SPECIAL ALLOCATIONS 

■ 40. The authority citation for part 886 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 

3535(d), and 13611–13619. 

■ 41. In § 886.102, a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order, to read as 

follows: 

§ 886.102 Definitions. 

* * * * * 

Covered housing provider. For the 

Section 8 Housing Assistance Payments 

Programs—Special Allocations, subpart 

A of this part, ‘‘covered housing 

provider,’’ as such term is used in 

HUD’s regulations at 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) refers to the 

PHA or owner, as applicable given the 

responsibilities of the covered housing 

provider as set forth in 24 CFR part 5, 

subpart L. For example, the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘notice of occupancy rights under 

VAWA, and certification form’’ 

described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 42. Revise § 886.128 to read as 

follows: 

§ 886.128 Termination of tenancy. 

Part 247 of this title (24 CFR part 247) 

applies to the termination of tenancy 

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and eviction of a family assisted under 

this subpart. For cases involving 

termination of tenancy because of a 

failure to establish citizenship or 

eligible immigration status, the 

procedures of 24 CFR parts 247 and 5 

shall apply. For cases involving, or 

allegedly involving, domestic violence, 

dating violence, sexual assault, or 

stalking, or criminal activity directly 

relating to such violence, the provisions 

of 24 CFR part 5, subpart L (Protection 

for Victims of Domestic Violence, 

Dating Violence, Sexual Assault, or 

Stalking), apply. The provisions of 24 

CFR part 5, subpart E, of this title 

concerning certain assistance for mixed 

families (families whose members 

include those with eligible immigration 

status, and those without eligible 

immigration status) in lieu of 

termination of assistance, and 

concerning deferral of termination of 

assistance, also shall apply. 

■ 43. Revise § 886.132 to read as 

follows: 

§ 886.132 Tenant selection. 

Subpart F of 24 CFR part 5 governs 

selection of tenants and occupancy 

requirements applicable under this 

subpart A of part 886. Subpart L of 24 

CFR part 5 (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) applies to 

selection of tenants and occupancy 

requirements in cases involving or 

allegedly involving incidents of, or 

criminal activity related to, domestic 

violence, dating violence, sexual 

assault, or stalking. 

■ 44. In § 886.302, a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order to read as follows: 

§ 886.302 Definitions. 

* * * * * 

Covered housing provider. For the 

Section 8 Housing Assistance Program 

for the Disposition of HUD-Owned 

Projects, under subpart C of this part, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations at 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

refers to the PHA or owner, as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 45. Revise § 886.328 to read as 

follows: 

§ 886.328 Termination of tenancy. 

Part 247 of this title (24 CFR part 247) 

applies to the termination of tenancy 

and eviction of a family assisted under 

this subpart. For cases involving 

termination of tenancy because of a 

failure to establish citizenship or 

eligible immigration status, the 

procedures of 24 CFR part 247 and 24 

CFR part 5 shall apply. For cases 

involving, or allegedly involving, 

domestic violence, dating violence, 

sexual assault, or stalking, or criminal 

activity directly relating to such 

violence, the provisions of 24 CFR part 

5, subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply. The 

provisions of 24 CFR part 5, subpart E, 

concerning certain assistance for mixed 

families (families whose members 

include those with eligible immigration 

status, and those without eligible 

immigration status) in lieu of 

termination of assistance, and 

concerning deferral of termination of 

assistance, also shall apply. 

■ 46. Revise § 886.329(f) to read as 

follows: 

§ 886.329 Leasing to eligible families. 

* * * * * 

(f) The regulations of 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply to 

selection of tenants and occupancy 

requirements in cases involving, or 

allegedly involving, incidents of, or 

criminal activity related to, domestic 

violence, dating violence, sexual 

assault, or stalking. 

PART 891—SUPPORTIVE HOUSING 

FOR THE ELDERLY AND PERSONS 

WITH DISABILITIES 

■ 47. The authority citation for part 891 

continues to read as follows: 

Authority: 12 U.S.C. 1701q; 42 U.S.C. 

1437f, 3535(d), and 8013. 

■ 48. In § 891.105 a definition of 

‘‘covered housing provider’’ is added, in 

the alphabetical order, to read as 

follows: 

§ 891.105 Definitions. 

* * * * * 

Covered housing provider. For the 

Supportive Housing for the Elderly and 

Persons with Disabilities Program, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations at 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking), 

refers to the PHA or owner (as defined 

in § 891.205 and § 891.305), as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 49. Revise § 891.575(f) to read as 

follows: 

§ 891.575 Leasing to eligible families. 

* * * * * 

(f) The regulations of 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply to 

selection of tenants and occupancy 

requirements in cases involving, or 

allegedly involving, incidents of, or 

criminal activity related to, domestic 

violence, dating violence, sexual 

assault, or stalking. 

■ 50. Revise § 891.610(c) to read as 

follows: 

§ 891.610 Selection and admission of 

tenants. 

* * * * * 

(c) Determination of eligibility and 

selection of tenants. The borrower is 

responsible for determining whether 

applicants are eligible for admission and 

for selection of families. To be eligible 

for admission, an applicant must be an 

elderly or handicapped family as 

defined in § 891.505; meet any project 

occupancy requirements approved by 

HUD; meet the disclosure and 

verification requirement for Social 

Security numbers and sign and submit 

consent forms for obtaining wage and 

claim information from State Wage 

Information Collection Agencies, as 

provided by 24 CFR part 5, subpart B; 

and, if applying for an assisted unit, be 

eligible for admission under subpart F 

of 24 CFR part 5, which governs 

selection of tenants and occupancy 

requirements. For cases involving, or 

allegedly involving, domestic violence, 

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dating violence, sexual assault, stalking, 

or criminal activity directly relating to 

such violence, the provisions of 24 CFR 

part 5, subpart L (Protection for Victims 

of Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply. 

* * * * * 

■ 51. Revise § 891.630(c) to read as 

follows: 

§ 891.630 Denial of admission, termination 

of tenancy, and modification of lease. 

* * * * * 

(c) In actions or potential actions to 

terminate tenancy, the owner shall 

follow 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), in all cases where 

domestic violence, dating violence, 

sexual assault, stalking, or criminal 

activity directly related to domestic 

violence, dating violence, sexual 

assault, or stalking is involved or 

claimed to be involved. 

PART 960—ADMISSION TO, AND 

OCCUPANCY OF, PUBLIC HOUSING 

■ 52. The authority citation for part 960 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437d, 

1437n, 1437z–3, and 3535(d). 

■ 53. In § 960.102 a definition of 

‘‘covered housing provider’’ is added in 

alphabetical order to read as follows: 

§ 960.102 Definitions. 

* * * * * 

Covered housing provider. For HUD’s 

public housing program, ‘‘covered 

housing provider,’’ as such term is in 

used HUD’s regulations at 24 CFR part 

5, subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), is the PHA. 

* * * * * 

■ 54. In § 960.103, revise the section 

heading and paragraph (d) to read as 

follows: 

§ 960.103 Equal opportunity requirements 

and protection for victims of domestic 

violence, dating violence, sexual assault, or 

stalking. 

* * * * * 

(d) Protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. The PHA must 

apply 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) in all applicable 

cases involving, or allegedly involving, 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

sexual assault, or stalking. 

■ 55. In § 960.200, revise paragraph 

(b)(8) to read as follows: 

§ 960.200 Purpose. 

* * * * * 

(b) * * * 

(8) Protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking, 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking). 

■ 56. In § 960.203, revise paragraph 

(c)(4) to read as follows: 

§ 960.203 Standards for PHA tenant 

selection criteria. 

* * * * * 

(c) * * * 

(4) PHA tenant selection criteria are 

subject to 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) protections for 

victims of domestic violence, dating 

violence, sexual assault, or stalking. 

* * * * * 

PART 966—DWELLING LEASES, 

PROCEDURES, AND REQUIREMENTS 

■ 57. The authority citation for part 966 

continues to read as follows: 

Authority: 42 U.S.C. 1437d and 3535(d). 

■ 58. In § 966.4, revise paragraph 

(a)(1)(vi) and paragraph (e)(9) to read as 

follows: 

§ 966.4 Lease requirements. 

* * * * * 

(a) * * * 

(1) * * * 

(vi) HUD’s regulations in 24 CFR part 

5, subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) apply, if a 

current or future tenant or an affiliated 

individual of a tenant is or becomes a 

victim of domestic violence, dating 

violence, sexual assault, or stalking, as 

provided in 24 CFR part 5, subpart L. 

* * * * * 

(e) * * * 

(9) To consider lease bifurcation, as 

provided in 24 CFR 5.2009, in 

circumstances involving domestic 

violence, dating violence, sexual 

assault, or stalking addressed in 24 CFR 

part 5, subpart L (Protection for Victims 

of Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking). 

* * * * * 

PART 982—SECTION 8 TENANT– 

BASED ASSISTANCE: HOUSING 

CHOICE VOUCHER PROGRAM 

■ 59. The authority citation for part 982 

continues to read as follows: 

Authority: 42 U.S.C. 1437f and 3535d. 

■ 60. In § 982.53, revise the section 

heading and paragraph (e) to read as 

follows: 

§ 982.53 Equal opportunity requirements 

and protection for victims of domestic 

violence, dating violence, sexual assault, or 

stalking. 

* * * * * 

(e) Protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. The PHA must 

apply 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) in all applicable 

cases involving incidents of, or criminal 

activity related to, domestic violence, 

dating violence, sexual assault, or 

stalking. The protections provided in 24 

CFR part 5 apply to homeownership 

assistance provided under the 

homeownership option in §§ 982.625 

through 982.643. For purposes of 

compliance with HUD’s regulations in 

24 CFR part 5, subpart L, the covered 

housing provider is the PHA or owner, 

as applicable given the responsibilities 

of the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘Notice of occupancy 

rights under VAWA, and certification 

form’’ described at § 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at § 5.2009(a), but the PHA (not the 

owner) is the covered housing provider 

responsible for providing the 

‘‘Reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at § 5.2009(b). 

■ 61. In § 982.201, revise paragraph (a) 

to read as follows: 

§ 982.201 Eligibility and targeting. 

(a) When applicant is eligible: general. 

The PHA may admit only eligible 

families to the program. To be eligible, 

an applicant must be a ‘‘family;’’ must 

be income-eligible in accordance with 

paragraph (b) of this section and 24 CFR 

part 5, subpart F; and must be a citizen 

or a noncitizen who has eligible 

immigration status as determined in 

accordance with 24 CFR part 5, subpart 

E. If the applicant is a victim of 

domestic violence, dating violence, 

sexual assault, or stalking, 24 CFR part 

5, subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) applies. 

* * * * * 

■ 62. In § 982.202, revise paragraph (d) 

to read as follows: 

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§ 982.202 How applicants are selected: 

General requirements. 

* * * * * 

(d) Admission policy. The PHA must 

admit applicants for participation in 

accordance with HUD regulations and 

other requirements, including, but not 

limited to, 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), and with PHA 

policies stated in the PHA 

administrative plan and the PHA plan. 

The PHA admission policy must state 

the system of admission preferences that 

the PHA uses to select applicants from 

the waiting list, including any residency 

preference or other local preference. 

■ 63. In § 982.307, revise paragraph 

(b)(4) to read as follows: 

§ 982.307 Tenant screening. 

* * * * * 

(b) * * * 

(4) In cases involving a victim of 

domestic violence, dating violence, 

sexual assault, or stalking, 24 CFR part 

5, subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking) applies. 

■ 64. In § 982.310, revise paragraph 

(h)(4) to read as follows: 

§ 982.310 Owner termination of tenancy. 

* * * * * 

(h) * * * 

(4) Nondiscrimination limitation and 

protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. The owner’s 

termination of tenancy actions must be 

consistent with the fair housing and 

equal opportunity provisions of 24 CFR 

5.105, and with the provisions for 

protection of victims of domestic 

violence, dating violence, sexual 

assault, or stalking in 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking). 

■ 65. In § 982.314, revise paragraphs 

(b)(4) and (c)(2)(iii) to read as follows: 

§ 982.314 Move with continued tenantbased assistance. 

* * * * * 

(b) * * * 

(4) The family or a member of the 

family, is or has been the victim of 

domestic violence, dating violence, 

sexual assault, or stalking, as provided 

in 24 CFR part 5, subpart L (Protection 

for Victims of Domestic Violence, 

Dating Violence, Sexual Assault, or 

Stalking), and the move is needed to 

protect the health or safety of the family 

or family member, or any family 

member who has been the victim of a 

sexual assault that occurred on the 

premises during the 90-day period 

preceding the family’s request to move. 

A PHA may not terminate assistance if 

the family, with or without prior 

notification to the PHA, moves out of a 

unit in violation of the lease, if such 

move occurs to protect the health or 

safety of a family member who is or has 

been the victim of domestic violence, 

dating violence, sexual assault, or 

stalking and who reasonably believed he 

or she was threatened with imminent 

harm from further violence if he or she 

remained in the dwelling unit. 

However, any family member that has 

been the victim of a sexual assault that 

occurred on the premises during the 90- 

day period preceding the family’s move 

or request to move, is not required to 

believe that he or she was threatened 

with imminent harm from further 

violence if he or she remained in the 

dwelling unit. 

(c) * * * 

(2) * * * 

(iii) The above policies do not apply 

when the family or a member of the 

family is or has been the victim of 

domestic violence, dating violence, 

sexual assault, or stalking, as provided 

in 24 CFR part 5, subpart L, and the 

move is needed to protect the health or 

safety of the family or family member, 

or any family member has been the 

victim of a sexual assault that occurred 

on the premises during the 90-day 

period preceding the family’s request to 

move. 

* * * * * 

■ 66. In § 982.315, revise paragraphs 

(a)(2) and (b) to read as follows: 

§ 982.315 Family break-up. 

(a) * * * 

(2) If the family break-up results from 

an occurrence of domestic violence, 

dating violence, sexual assault, or 

stalking as provided in 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking), the PHA 

must ensure that the victim retains 

assistance. 

(b) The factors to be considered in 

making this decision under the PHA 

policy may include: 

(1) Whether the assistance should 

remain with family members remaining 

in the original assisted unit. 

(2) The interest of minor children or 

of ill, elderly, or disabled family 

members. 

(3) Whether family members are 

forced to leave the unit as a result of 

actual or threatened domestic violence, 

dating violence, sexual assault, or 

stalking. 

(4) Whether any of the family 

members are receiving protection as 

victims of domestic violence, dating 

violence, sexual assault, or stalking, as 

provided in 24 CFR part 5, subpart L, 

and whether the abuser is still in the 

household. 

(5) Other factors specified by the 

PHA. 

* * * * * 

■ 67. In § 982.353, revise paragraph (b) 

and add paragraph (c)(4) to read as 

follows: 

§ 982.353 Where family can lease a unit 

with tenant-based assistance. 

* * * * * 

(b) Portability: Assistance outside the 

initial PHA jurisdiction. Subject to 

paragraph (c) of this section, and to 

§ 982.552 and § 982.553, a voucherholder or participant family has the 

right to receive tenant-based voucher 

assistance, in accordance with 

requirements of this part, to lease a unit 

outside the initial PHA jurisdiction, 

anywhere in the United States, in the 

jurisdiction of a PHA with a tenantbased program under this part. The 

initial PHA must not provide such 

portable assistance for a participant if 

the family has moved out of the assisted 

unit in violation of the lease except as 

provided for in this subsection. If the 

family moves out in violation of the 

lease in order to protect the health or 

safety of a person who is or has been the 

victim of domestic violence, dating 

violence, sexual assault, or stalking and 

who reasonably believes him- or herself 

to be threatened with imminent harm 

from further violence by remaining in 

the dwelling unit (or any family member 

has been the victim of a sexual assault 

that occurred on the premises during 

the 90-day period preceding the family’s 

move or request to move), and has 

otherwise complied with all other 

obligations under the Section 8 

program, the family may receive a 

voucher from the initial PHA and move 

to another jurisdiction under the 

Housing Choice Voucher Program. 

(c) * * * 

(4) Paragraph (c) of this section does 

not apply when the family or a member 

of the family is or has been the victim 

of domestic violence, dating violence, 

sexual assault, or stalking, as provided 

in 24 CFR part 5, subpart L (Protection 

for Victims of Domestic Violence, 

Dating Violence, Sexual Assault, or 

Stalking), and the move is needed to 

protect the health or safety of the family 

or family member, or any family 

member who has been the victim of a 

sexual assault that occurred on the 

premises during the 90-day period 

preceding the family’s request to move. 

* * * * * 

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■ 68. In § 982.452, revise the second 

sentence of paragraph (b)(1) to read as 

follows: 

§ 982.452 Owner responsibilities. 

* * * * * 

(b) * * * 

(1) * * * The fact that an applicant is 

or has been a victim of domestic 

violence, dating violence, sexual 

assault, or stalking is not an appropriate 

basis for denial of tenancy if the 

applicant otherwise qualifies for 

tenancy. 

* * * * * 

■ 69. In § 982.551, revise paragraphs (e) 

and (l) to read as follows: 

§ 982.551 Obligations of participant. 

* * * * * 

(e) Violation of lease. The family may 

not commit any serious or repeated 

violation of the lease. Under 24 CFR 

5.2005(c), an incident or incidents of 

actual or threatened domestic violence, 

dating violence, sexual assault, or 

stalking will not be construed as a 

serious or repeated lease violation by 

the victim, or threatened victim, of the 

domestic violence, dating violence, 

sexual assault, or stalking, or as good 

cause to terminate the tenancy, 

occupancy rights, or assistance of the 

victim. 

* * * * * 

(l) Crime by household members. The 

members of the household may not 

engage in drug-related criminal activity 

or violent criminal activity or other 

criminal activity that threatens the 

health, safety, or right to peaceful 

enjoyment of other residents and 

persons residing in the immediate 

vicinity of the premises (see § 982.553). 

Under 24 CFR 5.2005(b)(2), criminal 

activity directly related to domestic 

violence, dating violence, sexual 

assault, or stalking, engaged in by a 

member of a tenant’s household, or any 

guest or other person under the tenant’s 

control, shall not be cause for 

termination of tenancy, occupancy 

rights, or assistance of the victim, if the 

tenant or an affiliated individual of the 

tenant, as defined in 24 CFR 5.2003, is 

the victim. 

* * * * * 

■ 70. In § 982.552, revise paragraph 

(c)(2)(v) to read as follows: 

§ 982.552 PHA denial or termination of 

assistance for the family. 

* * * * * 

(c) * * * 

(2) * * * 

(v) Nondiscrimination limitation and 

protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. The PHA’s 

admission and termination actions must 

be consistent with fair housing and 

equal opportunity provisions of 24 CFR 

5.105, and with the requirements of 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking). 

* * * * * 

■ 71. In § 982.553, revise paragraph (e), 

to read as follows: 

§ 982.553 Denial of admission and 

termination of assistance for criminals and 

alcohol abusers. 

* * * * * 

(e) In cases of criminal activity related 

to domestic violence, dating violence, 

sexual assault, or stalking, the victim 

protections of 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) apply. 

■ 72. In § 982.637, revise paragraphs 

(a)(2) and (a)(3) to read as follows: 

§ 982.637 Homeownership option: Move 

with continued tenant-based assistance. 

(a) * * * 

(2) The PHA may not commence 

continued tenant-based assistance for 

occupancy of the new unit so long as 

any family member owns any title or 

other interest in the prior home. 

However, when the family or a member 

of the family is or has been the victim 

of domestic violence, dating violence, 

sexual assault, or stalking, as provided 

in 24 CFR part 5, subpart L (Protection 

for Victims of Domestic Violence, 

Dating Violence, Sexual Assault, or 

Stalking), and the move is needed to 

protect the health or safety of the family 

or family member (or any family 

member has been the victim of a sexual 

assault that occurred on the premises 

during the 90-day period preceding the 

family’s request to move), such family 

or family member may be assisted with 

continued tenant-based assistance even 

if such family or family member owns 

any title or other interest in the prior 

home. 

(3) The PHA may establish policies 

that prohibit more than one move by the 

family during any 1 year period. 

However, these policies do not apply 

when the family or a member of the 

family is or has been the victim of 

domestic violence, dating violence, 

sexual assault, or stalking, as provided 

in 24 CFR part 5, subpart L, and the 

move is needed to protect the health or 

safety of the family or family member, 

or any family member has been the 

victim of a sexual assault that occurred 

on the premises during the 90-day 

period preceding the family’s request to 

move. 

* * * * * 

PART 983—PROJECT-BASED 

VOUCHER (PBV) PROGRAM 

■ 73. The authority citation for part 983 

continues to read as follows: 

Authority: 42 U.S.C. 1437f and 3535(d). 

■ 74. In § 983.3(b), add the definition of 

‘‘covered housing provider,’’ in the 

alphabetical order, as follows: 

§ 983.3 PBV definitions. 

* * * * * 

(b) * * * 

Covered housing provider. For 

Project-Based Voucher (PBV) program, 

‘‘covered housing provider,’’ as such 

term is used in HUD’s regulations in 24 

CFR part 5, subpart L (Protection for 

Victims of Domestic Violence, Dating 

Violence, Sexual Assault, or Stalking) 

refers to the PHA or owner (as defined 

in § 891.205 and § 891.305), as 

applicable given the responsibilities of 

the covered housing provider as set 

forth in 24 CFR part 5, subpart L. For 

example, the PHA (not the owner) is the 

covered housing provider responsible 

for providing the ‘‘notice of occupancy 

rights under VAWA, and certification 

form’’ described at 24 CFR 5.2005(a). In 

addition, the owner (not the PHA) is the 

covered housing provider that may 

choose to bifurcate a lease as described 

at 24 CFR 5.2009(a), but the PHA (not 

the owner) is the covered housing 

provider responsible for providing the 

‘‘reasonable time to establish eligibility 

for assistance following bifurcation of a 

lease’’ described at 24 CFR 5.2009(b). 

* * * * * 

■ 75. In § 983.4, revise ‘‘Protections for 

victims of domestic violence, dating 

violence or stalking’’ to read as follows: 

§ 983.4 Cross-reference to other Federal 

requirements. 

* * * * * 

Protection for victims of domestic 

violence, dating violence, sexual 

assault, or stalking. See 24 CFR part 5, 

subpart L (Protection for Victims of 

Domestic Violence, Dating Violence, 

Sexual Assault, or Stalking). For 

purposes of compliance with HUD’s 

regulations in 24 CFR part 5, subpart L, 

the covered housing provider is the 

PHA or owner, as applicable given the 

responsibilities of the covered housing 

provider as set forth in 24 CFR part 5, 

subpart L. 

* * * * * 

■ 76. In § 983.251, revise paragraph 

(a)(3) to read as follows: 

§ 983.251 How participants are selected. 

(a) * * * 

(3) The protections for victims of 

domestic violence, dating violence, 

sexual assault, or stalking in 24 CFR 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17581 

16The notice uses HP for housing provider but 

the housing provider or other responsible entity 

should insert name where HP is used. HUD’s 

program-specific regulations identify the individual 

or entity responsible for providing the notice of 

occupancy rights. 

17 Despite the name of this law, VAWA protection 

is available to all victims of domestic violence, 

dating violence, sexual assault, and stalking, 

regardless of sex, gender identity, sexual 

orientation, disability, or age. 

part 5, subpart L, apply to admission to 

the project-based program. 

* * * * * 

■ 77. In § 983.255, revise paragraph (d) 

to read as follows: 

§ 983.255 Tenant screening. 

* * * * * 

(d) The protections for victims of 

domestic violence, dating violence, 

sexual assault, or stalking in 24 CFR 

part 5, subpart L, apply to tenant 

screening. 

■ 78. In § 983.257, revise the last 

sentence of paragraph (a) to read as 

follows: 

§ 983.257 Owner termination of tenancy 

and eviction. 

(a) * * * 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking) applies to this part. 

* * * * * 

Dated: March 3, 2015. 

Julia ́n Castro, 

Secretary. 

Appendix A 

[Insert Name of Housing Provider or 

Responsible Entity 16] 

Notice of Occupancy Rights Under the 

Violence Against Women Act 17

To All Tenants and Prospective Tenants 

The Violence Against Women Act (VAWA) 

provides protections for victims of domestic 

violence, dating violence, sexual assault, or 

stalking, regardless of sex, gender identity, 

sexual orientation, or age. The U.S. 

Department of Housing and Urban 

Development (HUD) is the Federal agency 

that oversees that [insert name of program or 

rental assistance] is in compliance with 

VAWA. This notice explains your rights 

under VAWA. Attached to this notice is a 

copy of HUD’s VAWA regulations. Also 

attached is a HUD-approved certification 

form for documenting an incident of 

domestic violence, dating violence, sexual 

assault, or stalking for a tenant who seeks the 

protections of VAWA as provided in this 

notice of occupancy rights and in HUD’s 

regulations. 

Protections for Prospective Tenants 

If you are eligible for rental assistance 

under [insert name of program or rental 

assistance], you may not be denied 

admission or denied assistance on the basis 

that you are or have been a victim of 

domestic violence, dating violence, sexual 

assault, or stalking, if you otherwise qualify 

for admission, assistance, participation, or 

occupancy. 

Protections for Victims as Tenants 

If you are receiving rental assistance under 

[insert name of program or rental assistance], 

you may not be denied rental assistance, 

terminated from participation, or be evicted 

from your rental housing on the basis that 

you are or have been a victim of domestic 

violence, dating violence, sexual assault, or 

stalking, if you otherwise qualify for 

admission, participation, or occupancy. 

Also, if a tenant or an affiliated individual 

of the tenant is or has been the victim of 

domestic violence, dating violence, sexual 

assault, or stalking by a member of the 

tenant’s household or any guest, rental 

assistance under [insert name of program or 

rental assistance] may not be restricted solely 

on the basis of criminal activity directly 

relating to domestic violence, dating 

violence, sexual assault, or stalking engaged 

in by the member of the tenant’s household 

or any guest. 

Affiliated individual means a spouse, 

parent, brother, sister, or child of that 

individual, or a person to whom that 

individual stands in the place of a parent (for 

example, the affiliated individual is in the 

care, custody, or control of that individual); 

or any individual, tenant, or lawful occupant 

living in the household of that individual. 

Removing the Abuser From the Household 

HP may divide your lease in order to evict 

the individual or terminate the rental 

assistance of the individual who has engaged 

in criminal activity (the abuser) directly 

relating to domestic violence, dating 

violence, sexual assault, or stalking. 

If HP chooses to remove the abuser, HP 

may not take away the rights of eligible 

tenants to the unit or otherwise punish the 

remaining tenants. If the tenant evicted was 

the sole tenant to have established eligibility 

for rental assistance under the program, HP 

must allow the tenant who is or has been a 

victim and other household members to 

remain in the unit for a period of time, in 

order to establish eligibility under the 

program or find alternative housing. 

In removing the abuser from the 

household, HP must follow Federal, State, 

and local eviction procedures. In order to 

divide a lease, HP may ask you to provide 

proof of incidences of domestic violence, 

dating violence, sexual assault, or stalking. 

Moving to Another Unit 

Upon your request, HP may permit you to 

move to another unit, subject to the 

availability of other units, and still keep your 

rental assistance. In order to approve a 

request, HP may ask you to provide proof 

that you are requesting to move because of 

incidences of domestic violence, dating 

violence, sexual assault, or stalking. If the 

request is a request for emergency transfer, 

the request must be in made in accordance 

with HP’s emergency transfer plan. 

Documenting You Are or Have Been a Victim 

of Domestic Violence, Dating Violence, 

Sexual Assault or Stalking 

HP can ask you to provide documentation 

to ‘‘certify’’ that you are or have been a 

victim of domestic violence, dating violence, 

sexual assault, or stalking. Such request from 

HP must be in writing, and HP must give you 

at least 14 business days (Saturdays, 

Sundays, and Federal holidays do not count) 

to provide the documentation. HP may 

extend the deadline for the submission of 

proof upon your request. 

You can provide one of the following to HP 

as documentation: 

• A complete HUD-approved certification 

form given to you by HP with this notice, that 

documents an incident of domestic violence, 

dating violence, sexual assault, or stalking. 

The form will ask for your name, the date, 

time, and location of the incident of domestic 

violence, and a description of the incident. 

The certification form provides for including 

the name of the abuser if the name of the 

abuser is known and is safe to provide. 

• A record of a Federal, State, tribal, 

territorial, or local law enforcement agency, 

court, or administrative agency that 

documents the abuse. 

• A statement, which you must sign, along 

with the signature of an employee, agent, or 

volunteer of a victim service provider, an 

attorney, a medical professional or a mental 

health professional (collectively, 

‘‘professional’’) from whom you sought 

assistance in addressing domestic violence, 

dating violence, sexual assault, or stalking, or 

the effects of abuse, and with the professional 

selected by you attesting under penalty of 

perjury that he or she believes that the 

incident or incidents of domestic violence, 

dating violence, sexual assault, or stalking 

are grounds for protection. 

• Any other statement or evidence that HP 

has agreed to accept. 

If you fail or refuse to provide one of these 

documents within the 14 business days, HP 

does not have to provide you with the 

protections contained in this notice. 

If HP receives conflicting evidence that an 

incident of domestic violence, dating 

violence, sexual assault, or stalking has been 

committed (such as certification forms from 

two or more members of a household each 

claiming to be a victim and naming one or 

more of the other petitioning household 

members as the abuser), HP has the right to 

request that you provide third-party 

documentation in order to resolve the 

conflict. 

If you fail or refuse to provide third-party 

documentation, HP does not have to provide 

you with the protections contained in this 

notice. 

Confidentiality 

HP must keep confidential any information 

you provide related to the exercise of your 

rights under VAWA, including the fact that 

you are exercising your rights under VAWA. 

HP must not allow any individual 

administering rental assistance or other 

services on behalf of HP (for example, 

employees and contractors) to have access to 

confidential information unless for reasons 

that specifically call for these individuals to 

have access to this information under 

applicable Federal, State, or local law. 

HP must not enter your information into 

any shared database or disclose your 

information to any other entity or individual. 

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18 Despite the name of this law, VAWA protection 

is available to all victims of domestic violence, 

dating violence, sexual assault, and stalking, 

regardless of sex, gender identity, sexual 

orientation, disability, or age. 

19See specific solicitation of comment 4 in the 

preamble to the rule regarding whether 

documentation of the occurrence of domestic 

violence, dating violence, sexual assault, or stalking 

should be imposed. 

HP, however, may disclose the information 

provided if: 

• You give written permission to HP to 

release the information. 

• HP needs to use the information in an 

eviction or termination proceeding, such as 

to evict your abuser or terminate your abuser 

from rental assistance under this program. 

• A law requires HP or your landlord to 

release the information. 

VAWA does not limit HP’s duty to honor 

court orders about access to or control of the 

property. This includes orders issued to 

protect a victim and orders dividing property 

among household members in cases where a 

family breaks up. 

Reasons a Tenant Eligible for Occupancy 

Rights Under VAWA May Be Evicted or 

Rental Assistance May Be Terminated 

You can be evicted and your rental 

assistance can be terminated for serious or 

repeated lease violations that are not related 

to domestic violence, dating violence, sexual 

assault, or stalking committed against you. 

However, HP cannot hold you, as a tenant 

eligible for occupancy rights under VAWA 

(one who is or has been a victim), to a more 

demanding set of rules than it applies to 

tenants who are not eligible for tenancy 

rights under VAWA. 

Other Domestic Violence Laws 

VAWA does not replace any Federal, State, 

or local law that provides greater protection 

for victims of domestic violence, dating 

violence, sexual assault, or stalking. 

For Additional Information 

For questions regarding VAWA, please 

contact [insert contact information]. For help 

and advice on escaping an abusive 

relationship, call the National Domestic 

Violence Hotline at 1–800–799–7233 or, for 

persons with hearing impairments, 1–800– 

787–3224 (TTY). 

Attachment 1: HUD VAWA Regulations 

Attachment 2: Certification form HUD– 

XXXXX [form approved for this program to 

be included] 

Appendix B 

[Insert name of housing provider or 

responsible entity] 

Model Emergency Transfer Plan for Victims 

of Domestic Violence 

Emergency Transfers 

[Insert name of housing provider or 

responsible entity (acronym HP for purposes 

of this model plan)] is concerned about the 

safety of its tenants, and such concern 

extends to tenants who are victims of 

domestic violence, dating violence, sexual 

assault, or stalking. In accordance with the 

Violence Against Women Act (VAWA),18 HP 

allows tenants who are victims of domestic 

violence, dating violence, sexual assault, or 

stalking to request an emergency transfer 

from the tenant’s current unit to another unit. 

The ability of HP to honor such request for 

tenants currently receiving rental assistance, 

however, may depend upon a preliminary 

determination that the tenant is or has been 

a victim of domestic violence, dating 

violence, sexual assault, or stalking, and on 

whether HP has another dwelling unit that is 

available and is safe to offer the tenant for 

temporary or more permanent occupancy.19

This plan identifies tenants who are 

eligible for an emergency transfer, the 

documentation needed to request an 

emergency transfer, confidentiality 

protections, how an emergency transfer may 

occur, and guidance to tenants on safety and 

security. This plan is based on a model 

emergency transfer plan published by the 

U.S. Department of Housing and Urban 

Development (HUD), the Federal agency that 

oversees that [insert name of program or 

rental assistance here] is in compliance with 

VAWA. 

Eligibility for Emergency Transfers 

A tenant who is a victim of domestic 

violence, dating violence, sexual assault, or 

stalking, as provided in HUD’s regulations at 

24 CFR part 5, subpart L (a copy of which 

is attached), is eligible for an emergency 

transfer, if: 

• The tenant reasonably believes that there 

is a threat of imminent harm from further 

violence if the tenant remains within the 

same unit; 

• The tenant is a victim of a sexual assault, 

and the sexual assault occurred on the 

premises within the 90-day period preceding 

a request for an emergency transfer. 

A tenant requesting an emergency transfer 

must expressly request the transfer in 

accordance with the procedures described in 

this plan. 

Emergency Transfer Request Documentation 

To request an emergency transfer, the 

tenant shall notify HP’s management office 

and submit a written request for a transfer to 

[HP to insert location]. The tenant’s written 

request for an emergency transfer should 

include either: 

1. A statement expressing why the tenant 

reasonably believes that there is a threat of 

imminent harm from further violence if the 

tenant were to remain in the same dwelling 

unit assisted under HP’s program. 

2. A statement that the tenant was a sexual 

assault victim and that the sexual assault 

occurred on the premises during the 90-day 

period preceding the tenant’s request for an 

emergency transfer. 

HP may request additional documentation 

from a tenant in accordance with the 

documentation policies of HUD’s regulations 

at 24 CFR part 5, subpart L. 

Confidentiality 

HP will keep confidential any information 

that the tenant submits in requesting an 

emergency transfer, and information about 

the emergency transfer, unless the tenant 

gives HP written permission to release the 

information, or disclosure of the information 

is required by law or in the course of an 

eviction or termination proceeding. This 

includes keeping confidential the new 

location of the dwelling unit of the tenant, if 

one is provided, from the person(s) that 

committed an act(s) of domestic violence, 

dating violence, sexual assault, or stalking 

against the tenant. 

Emergency Transfer Timing and Availability 

HP cannot guarantee that a transfer request 

will be approved or how long it will take to 

process a transfer request. HP will, however, 

act as quickly as possible to move a tenant 

who is a victim of domestic violence, dating 

violence, sexual assault, or stalking to 

another unit, subject to availability and safety 

of a unit. If a unit is available, the transferred 

tenant must agree to abide by the terms and 

conditions that govern occupancy in the unit 

to which the tenant has been transferred. 

Safety and Security of Tenants 

Pending processing of the transfer and the 

actual transfer, if it is approved and occurs, 

the tenant is urged to take all reasonable 

precautions to be safe. The tenant is 

encouraged to contact the National Domestic 

Violence Hotline at 1–800–799–7233, or a 

local domestic violence shelter, for assistance 

in creating a safety plan. For persons with 

hearing impairments, that hotline can be 

accessed by calling 1–800–787–3224 (TTY). 

Attachment 1: Copy of HUD’s VAWA 

regulations. 

Attachment 2: Local organizations offering 

assistance to victims of domestic violence. 

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Appendix C 

CERTIFICATION OF DOMESTIC U.S. Department of Housing OMB Approval No. XXXX-XXX 

VIOLENCE, DATING VIOLENCE, and Urban Development Exp. XX/XX/2XXXX 

SEXUAL ASSAULT, OR STALKING, 

AND ALTERNATE DOCUMENTATION 

Purpose of Form: The Violence Against Women Act (‘‘VAWA’’) provides protections for applicants and tenants (or program participants, 

which is the term used under some covered housing programs) who are or have been victims of domestic violence, dating violence, sexual 

assault, or stalking (collectively ‘‘domestic violence’’). VAWA protects applicants and tenants (or program participants) from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence against them. Despite the name 

of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of 

sex, gender identity, sexual orientation, disability, or age. 

If you are an applicant or tenant (or program participant) and a victim of domestic violence, the information requested below is one type 

of documentation that you may be asked to complete by the ‘‘responsible entity,’’ as indicated on the Notice of Occupancy Rights distributed to you. 

Use of This Optional Form: If you are or have been a victim of domestic violence, you or someone on your behalf may complete and submit this information to a responsible entity for use in determining eligibility for protections under VAWA. 

Alternate Documentation: Instead of this form (or in addition to this form), only upon request by the responsible entity, the applicant or 

tenant may be asked to submit the following: 

(1) A document signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a 

mental health professional (collectively, ‘‘professional’’) from whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse; 

(2) A document signed by the applicant or tenant who states under penalty of perjury that the professional believes in the occurrence of the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection and remedies under VAWA; 

(3) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or 

(4) At the discretion of the responsible entity, a statement or other evidence provided by the applicant or tenant. 

Submission of Documentation: The time period to submit documentation is 14 business days from the date that the responsible entity 

submits a written request to the applicant or tenant (or program participant) to provide documentation of the occurrence of domestic violence. The responsible entity may extend the time period to submit the documentation, if the applicant or tenant (or program participant) 

requests an extension of the time period. If the requested information, whether on this form, or an alternative form, is not received by the 

14th business day or any extension of the date provided by responsible entity, none of the VAWA protections have to be provided to the 

tenant or applicant. Distribution or issuance of this form does not serve as a written request for certification. 

Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This 

includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the responsible entity to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to 

complete this form, unless it displays a currently valid Office of Management and Budget control number. 

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR 

STALKING 

1. Date the written request is received by victim: 

2. Name of victim: 

3. Your name (if different from victim’s): 

4. Name(s) of other family member(s) listed on the lease: 

5. Residence of victim: 

6. Name of the accused perpetrator (if known and can be safely disclosed): 

7. Relationship of the accused perpetrator to the victim: 

8. Date(s) of incident(s): 

9. Time of incident(s): 

10. Location of incident(s): 

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In your own words, briefly describe the incident(s): 

This is to certify that the information provided on this form is true and correct and that the individual named above in Item 2 is or has 

been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could 

jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. 

Signature __________________________________________________________________Signed on (Date) _____________________________________

Confidentiality: All information provided to the responsible entity concerning the incident(s) of domestic violence, dating violence, sexual 

assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of the responsible 

entity are not to have access to these details unless to provide or deny VAWA protections to the applicant or tenant, and such employees 

may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by the victim in 

writing; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. 

[FR Doc. 2015–06781 Filed 3–31–15; 8:45 am] 

BILLING CODE 4210–67–P 

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