[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17548-17584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06781]



[[Page 17547]]

Vol. 80

Wednesday,

No. 62

April 1, 2015

Part II





Department of Housing and Urban Development





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24 CFR Parts 5, 92, 200, et al.





Violence Against Women Reauthorization Act of 2013: Implementation in 
HUD Housing Programs; Proposed Rule

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

[[Page 17548]]


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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.

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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 self-implementing. 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 VAWA-covered 
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

[[Page 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:
    <bullet> Include ``sexual assault'' as an action covered by VAWA 
protections, an action that was not included for HUD-covered programs 
by VAWA 2005.
    <bullet> Establish a definition for ``affiliated individual'' based 
on the statutory definition and that is usable and workable for 
programs covered by VAWA.
    <bullet> Apply VAWA protections to the Housing Trust, which was not 
statutorily listed as a covered program.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 HUD-covered 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 project-based 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

[[Page 17550]]

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=HUD-2013-0074.
    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\
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    \1\ See, 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%20PHAs.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-Women-Reauthorization-Act-2013.pdf, and 
from HUD's Office of Special Needs Assistance Programs at https://www.onecpd.info/news/reauthorization-of-the-violence-against-women-act-vawa/.
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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.
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    \2\ HUD'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.
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    Specific solicitation of comment 1: HUD specifically seeks comment 
from the participants in each of the HUD-covered programs, who are 
familiar with how a specific HUD-covered program operates, on whether 
the proposed regulations for the specific HUD-covered program carry out 
the intent of VAWA within the statutory parameters of the program.
Applicability (24 CFR 5.2001)
    Existing Sec.  5.2001 lists the HUD programs covered by VAWA. This 
rule would amend Sec.  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 Sec.  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

[[Page 17551]]

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 (Sec.  5.2003)
    Introductory text (Revised): The introductory text of Sec.  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 Sec.  5.2005(e) to Sec.  
5.2003): The definition of ``actual and imminent threat'' is currently 
found in Sec.  5.2005(e). HUD does not propose to revise the 
definition, but rather to move the definition from Sec.  5.2005(e) to 
the definition section, Sec.  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\
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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.
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    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 Sec.  
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.
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    \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.
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    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\
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    \5\ See HUD's regulations at 24 CFR 92.2, 200.3, 236.1, 574.3, 
891.105, 982.4.
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    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

[[Page 17552]]

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 Sec.  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\
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    \6\ A 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.
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    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.
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    \7\ For 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.
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    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 
program-specific 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 project-based Section 8 assistance 
(assistance necessary for VAWA coverage).\8\
---------------------------------------------------------------------------

    \8\ Section 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 
project-based assistance under Section 8 but without such assistance 
the housing is not rental housing to which VAWA protections would 
apply.
---------------------------------------------------------------------------

    (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 Sec.  Sec.  574.300 and 574.320, and to community residences as 
provided in Sec.  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

[[Page 17553]]

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\
---------------------------------------------------------------------------

    \9\ As 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.
    \10\ The 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 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.
    \11\ Funding, for example, to cover mediation, credit 
counseling, or case management are homeless prevention activities 
not covered by VAWA.
---------------------------------------------------------------------------

    (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).
---------------------------------------------------------------------------

    \12\ A commenter asked whether Moving-to-Work PHAs must comply 
with VAWA and the answer is yes. They are not exempt from 
compliance.
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    \13\ See HUD's October 29, 2010, proposed rule at 75 FR 66970.
---------------------------------------------------------------------------

    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,

[[Page 17554]]

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 cross-reference 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 HUD-
covered 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 Sec.  5.2003.
    VAWA (Revised): This rule would revise the definition of VAWA to 
solely cite to the applicable U.S. Code citations.
VAWA Protections (Sec.  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 (Sec.  
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 Sec.  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 (Sec.  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,

[[Page 17555]]

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 (Sec.  
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 
(Sec.  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 (Sec.  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 Sec.  5.2005(b)) and the protections for 
tenants (currently found at Sec.  5.2005(c)) into one paragraph at 
Sec.  5.2005(b). (See 42 U.S.C. 14043e-11(b)(1).) In proposed Sec.  
5.2005(b), paragraph (b)(1) would state the general prohibition 
pertaining to denial or termination of assistance or eviction.
    The prohibition, generally (Sec.  5.2005(b)(1)). Paragraph (b)(1) 
of Sec.  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 (Sec.  5.2005(b)(2)): 
In proposed Sec.  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 (Sec.  
5.2005(c)): Proposed new paragraph (c) of Sec.  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

[[Page 17556]]

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 (Sec.  5.2005(d)): Paragraph (d) of 
Sec.  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 Sec.  5.2005(d) the language 
currently found in paragraph (b) of Sec.  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 Sec.  5.2005(d)(1).
    Although not required by VAWA, HUD retains paragraph (d)(3) of 
existing Sec.  5.2005 (Sec.  5.2005(d)(4) in the proposed rule) that 
encourages a covered housing provider to evict or terminate assistance 
as provided in Sec.  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 Sec.  
5.2005: As noted earlier in this preamble, HUD proposes to move the 
definition of ``actual and imminent threat'' to the definition section, 
Sec.  5.2003.
    Emergency transfer plan (Sec.  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 Sec.  
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 Sec.  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 Sec.  5.2007, HUD provides that the documentation requirements 
specified in paragraph (a) of Sec.  5.2007 do not apply to a request 
for an emergency transfer requested under Sec.  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.

[[Page 17557]]

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 Sec.  
5.2005(e) that, with respect to emergency transfer of tenants, nothing 
in Sec.  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, Sec.  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.

[[Page 17558]]

Documenting the Occurrence of Domestic Violence, Dating Violence, 
Sexual Assault, or Stalking (Sec.  5.2007)
    This proposed rule would amend Sec.  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 (Sec.  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 Sec.  5.2005, or to remedies under Sec.  5.2009, the covered 
housing provider may request that the applicant or tenant submit to the 
covered housing provider the documentation required in Sec.  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 Sec.  5.2007(a) are not specified in this proposed rule 
as applicable to a request made by the tenant for an emergency transfer 
under Sec.  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 (Sec.  
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 (Sec.  
5.2007(b)): HUD proposes to reorganize existing Sec.  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 Sec.  5.2007, as is currently found in HUD's 
existing regulations at Sec.  5.2007(d). Paragraph (b), as proposed to 
be revised by this rule, would also address failure to provide the 
documentation (currently Sec.  5.2007(c)) and conflicting evidence 
presented by the applicant or tenant (currently Sec.  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 (Sec.  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 Sec.  5.2007(b), and, under this proposed rule 
would be addressed in Sec.  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 (Sec.  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 Sec.  5.2003.
    Official government or court records (Sec.  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 
(Sec.  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 (Sec.  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 Sec.  5.2007(b)(1) that contains 
conflicting information

[[Page 17559]]

(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 Sec.  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 Sec.  
5.2007(a)(2)(ii) should also apply to a third-party document requested 
under (Sec.  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 third-party documentation, but this 
specific solicitation of comment recognizes that more time may be 
needed by the victim to obtain third-party documentation.
    Confidentiality requirements (Sec.  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 VAWA-
related 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 (Sec.  5.2009)
    As with the other sections in 24 CFR part 5, subpart L, this 
proposed rule would amend Sec.  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 Sec.  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 Sec.  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 Sec.  
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 (Sec.  5.2009(b)): 
VAWA 2013 adds another remedy for victims of domestic violence, dating 
violence sexual assault, and stalking, which will be added at Sec.  
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.
---------------------------------------------------------------------------

    \14\ As 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 Sec.  
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 Sec.  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 Sec.  5.2009(b).'' See proposed regulations at 
Sec.  982.53(e).
---------------------------------------------------------------------------

    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

[[Page 17560]]

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 long-term 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 Sec.  
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

[[Page 17561]]

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 Sec.  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 Sec.  5.2005(d)(1).
Effect on Other Laws (Sec.  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\
---------------------------------------------------------------------------

    \15\ Although HOPWA is primarily a formula program, it does have 
a competitive grant component that is funded annually.
---------------------------------------------------------------------------

    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

[[Page 17562]]

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Number of respondents in covered programs                Number of       Estimated
                                  ------------------------------------------------------------------  responses per      average       Estimated annual
          24 CFR section             PH & *                                                            respondent     response time   burden  (in hours)
                                     Sec. 8    MF * HSG     HOME      HOPWA          Homeless         (annually) **   (in hours) **           **
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.2005(a) (Notice of Occupancy         3,400     23,000    180,487        255  450-CoC.............               1            0.30  545,346.
 Rights.                                                                       360-ESG.............
                                                                               230-RHS.............
                                                                               1,040...............
5.2005(a) Certification..........      3,400     23,000    180,487        255  450-CoC.............               1            0.30  545,346.
                                                                               360-ESG.............
                                                                               230-RHS.............
                                                                               1,040...............
5.2005(e) Emergency Transfer Plan      3,400     23,000    180,487        255  450-CoC.............               1            8.00  1,665,456.
                                                                               360-ESG.............
                                                                               230-RHS.............
                                                                               1,040...............
5.2005(a) (Notice of Occupancy     .........  .........  .........  .........  ....................  ..............  ..............  0.5. First year
 Rights ***.                                                                                                                          only--modification
                                                                                                                                      s to form to
                                                                                                                                      reflect housing
                                                                                                                                      provider
5.2005(a) Certification ***......  .........  .........  .........  .........  ....................  ..............  ..............  0.5. First year
                                                                                                                                      only--modification
                                                                                                                                      s 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.............               1            8.00  1,454,256
                                                                               360-ESG 230-RHS.....
                                                                               1,040...............
                                                                                                    ----------------------------------------------------
    Total Burden (for all HUD      .........  .........  .........  .........  ....................  ..............  ..............  4,392,189.
     programs covered by VAWA).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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;

[[Page 17563]]

    (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 HUD-covered programs (compare, e.g., current 24 CFR 5.2005(b) and 
(c)(1) with Sec.  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

[[Page 17564]]

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 HUD-covered 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, toll-free, 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

[[Page 17565]]

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

0
1. The authority citation for part 5 is revised to read as follows:


[[Page 17566]]


    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.

0
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.


Sec.  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 
Sec.  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 project-based 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 
Sec.  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 Sec.  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.


Sec.  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 for-profit 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:

[[Page 17567]]

    (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.).


Sec.  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 
Sec.  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 Sec.  5.2003.

[[Page 17568]]

    (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.


Sec.  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 Sec.  
5.2005, or remedies under Sec.  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 Sec.  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 Sec.  
5.2005 or Sec.  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-business-day 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 Sec.  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 
Sec.  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

[[Page 17569]]

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 
Sec. Sec.  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 Sec. Sec.  5.2005 and 5.2009.


Sec.  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.


Sec.  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

0
3. The authority citation for part 92 continues to read as follows:

    Authority:  42 U.S.C. 3535(d) and 12701-12839.

0
4. In Sec.  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:


Sec.  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 Sec.  92.359(e), except as 
otherwise provided by Sec.  92.359(b).
* * * * *
    (d) Tenant selection. * * *
    (7) Comply with the VAWA requirements prescribed in Sec.  92.359.
0
5. Section 92.359 is added to read as follows:


Sec.  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 Sec.  5.2005(d)(1), 
(d)(3), and (d)(4) and Sec.  5.2009(a);

[[Page 17570]]

    (ii) The participating jurisdiction or its designee for purposes of 
Sec.  5.2005(e); and
    (iv) The housing owner and entity administering tenant-based rental 
assistance for the purposes of Sec.  5.2005(d)(2) and Sec.  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 Sec.  5.2005(a) to each owner of HOME-assisted 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 HOME-assisted 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 HOME-assisted 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 tenant-based 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 HOME-assisted unit, if the 
qualifying tenant is removed through bifurcation;
    (ii) What constitutes a reasonable opportunity for the remaining 
tenant to establish eligibility for HOME tenant-based 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 tenant-based 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 HOME-assisted 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.
0
6. Section 92.504(c)(3)(v) is amended by adding paragraph (c)(3)(v)(F) 
to read as follows:


Sec.  92.504  Participating jurisdiction responsibilities; written 
agreements; on-site inspection.

* * * * *
    (c) Provisions in written agreements: * * *
    (3) * * *
    (i) * * *
    (v) * * *
    (F) The VAWA requirements prescribed in Sec.  92.359.
* * * * *

PART 200--INTRODUCTION TO FHA PROGRAMS

0
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).
0
8. Add Sec.  200.38 to read as follows:


Sec.  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:

[[Page 17571]]

    (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

0
9. The authority citation for part 574 continues to read as follows:

    Authority:  42 U.S.C. 3535(d) and 12901-12912.

0
10. Add Sec.  574.460 to read as follows:


Sec.  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.
0
11. Add Sec.  574.604 to read as follows:


Sec.  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 Sec.  
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 
Sec. Sec.  574.300 and 574.320, and community residences, as provided 
in Sec.  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 Sec.  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 Sec.  574.604(a) for which the 
date of the HOPWA funding commitment is earlier than

[[Page 17572]]

[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 Sec.  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 HOPWA-assisted units and the leases for all eligible 
persons receiving HOPWA tenant-based rental assistance.

PART 576--EMERGENCY SOLUTIONS GRANTS PROGRAM

0
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).

0
13. In Sec.  576.105, add paragraph (a)(7) to read as follows:


Sec.  576.105  Housing relocation and stabilization services.

    (a) * * *
    (7) If a program participant receiving short- or medium-term rental 
assistance under Sec.  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 
Sec.  576.106.
* * * * *
0
14. In Sec.  576.106, paragraphs (e) and (g) are revised to read as 
follows:


Sec.  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.
* * * * *
0
15. In Sec.  576.407, add paragraph (g) to read as follows:


Sec.  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 Sec.  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

[[Page 17573]]

specified in 24 CFR part 5, subpart L, refers to:
    (i) The recipient or subrecipient that administers the rental 
assistance for the purposes of Sec.  5.2005(e);
    (ii) The housing owner for the purposes of Sec.  5.2005(d)(1), 
(d)(3), and (d)(4) and Sec.  5.2009(a);
    (iii) The housing owner and the recipient or subrecipient that 
administers the rental assistance for the purposes of Sec.  
5.2005(d)(2) and Sec.  5.2009(b); and
    (iv) The housing owner and the recipient or subrecipient that 
administers the rental assistance for the purposes of Sec.  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 Sec.  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 
Sec.  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 Sec.  5.2007.

PART 578--CONTINUUM OF CARE PROGRAM

0
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).

0
17. In Sec.  578.7, paragraph (d) is added to read as follows:


Sec.  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).
0
18. In Sec.  578.51, add paragraph (m) to read as follows:


Sec.  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 Sec.  578.7(d) are met.
0
19. In Sec.  578.75, paragraph (i) is revised to read as follows:


Sec.  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 
long-term 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.
0
20. In Sec.  578.91, revise paragraph (a) to read as follows:


Sec.  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.
* * * * *

[[Page 17574]]

0
21. In Sec.  578.99, add paragraph (j) to read as follows:


Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec.  
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.

[[Page 17575]]

    (7) Transition. (i) The recipient or subrecipient must ensure that 
the requirements set forth in Sec.  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 Sec.  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 Sec.  
578.99(j)(3).
    (ii) For leases for tenant-based rental assistance existing prior 
to the effective date in Sec.  578.99(j)(2), recipients and 
subrecipients must enter into a contract under Sec.  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 Sec.  578.75(i)(2) for the 
reasonable time provided to remaining program participants under this 
part.
    (9) Develop the VAWA emergency transfer plan. See Sec.  578.7(d).

PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENT PROGRAM FOR NEW 
CONSTRUCTION

0
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.

0
23. In Sec.  880.201, a definition of ``covered housing provider'' is 
added in alphabetical order to read as follows:


Sec.  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).
* * * * *
0
24. Revise Sec.  880.504(f) to read as follows:


Sec.  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.
0
25. In Sec.  880.607 revise paragraph (c)(5) to read as follows:


Sec.  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

0
26. The authority citation for part 882 continues to read as follows:

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

0
27. In Sec.  882.102(b), a definition of ``covered housing provider'' 
is added in alphabetical order to read as follows:


Sec.  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).
* * * * *
0
28. Revise Sec.  882.407 to read as follows:


Sec.  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).
0
29. Revise Sec.  882.511(g) to read as follows:


Sec.  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.
0
30. In Sec.  882.514(c), revise the fourth sentence, to read as 
follows:


Sec.  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. * * *
* * * * *
0
31. In Sec.  882.802, a definition of ``covered housing provider'' is 
added, in the alphabetical order, to read as follows:


Sec.  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

[[Page 17576]]

Domestic Violence, Dating Violence, Sexual Assault, or Stalking), 
refers to the owner as defined in this section.
* * * * *
0
32. In Sec.  882.804, paragraph (a) is revised to read as follows:


Sec.  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

0
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.

0
34. In Sec.  883.302, a definition of ``covered housing provider'' is 
added, in the alphabetical order, to read as follows:


Sec.  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).
* * * * *
0
35. Revise Sec.  883.605 to read as follows:


Sec.  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 Sec.  883.105.

PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW 
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING

0
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.

0
37. In Sec.  884.102, a definition of ``covered housing provider'' is 
added, in the alphabetical order, to read as follows:


Sec.  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).
* * * * *
0
38. Revise Sec.  884.216(c) to read as follows:


Sec.  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.
0
39. Revise Sec.  884.223(f) to read as follows:


Sec.  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

0
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.

0
41. In Sec.  886.102, a definition of ``covered housing provider'' is 
added, in the alphabetical order, to read as follows:


Sec.  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).
* * * * *
0
42. Revise Sec.  886.128 to read as follows:


Sec.  886.128  Termination of tenancy.

    Part 247 of this title (24 CFR part 247) applies to the termination 
of tenancy

[[Page 17577]]

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.
0
43. Revise Sec.  886.132 to read as follows:


Sec.  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.
0
44. In Sec.  886.302, a definition of ``covered housing provider'' is 
added, in the alphabetical order to read as follows:


Sec.  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).
* * * * *
0
45. Revise Sec.  886.328 to read as follows:


Sec.  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.
0
46. Revise Sec.  886.329(f) to read as follows:


Sec.  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

0
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.

0
48. In Sec.  891.105 a definition of ``covered housing provider'' is 
added, in the alphabetical order, to read as follows:


Sec.  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 Sec.  891.205 and Sec.  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).
* * * * *
0
49. Revise Sec.  891.575(f) to read as follows:


Sec.  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.
0
50. Revise Sec.  891.610(c) to read as follows:


Sec.  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 Sec.  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,

[[Page 17578]]

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.
* * * * *
0
51. Revise Sec.  891.630(c) to read as follows:


Sec.  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

0
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).

0
53. In Sec.  960.102 a definition of ``covered housing provider'' is 
added in alphabetical order to read as follows:


Sec.  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.
* * * * *
0
54. In Sec.  960.103, revise the section heading and paragraph (d) to 
read as follows:


Sec.  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.
0
55. In Sec.  960.200, revise paragraph (b)(8) to read as follows:


Sec.  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).
0
56. In Sec.  960.203, revise paragraph (c)(4) to read as follows:


Sec.  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

0
57. The authority citation for part 966 continues to read as follows:

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

0
58. In Sec.  966.4, revise paragraph (a)(1)(vi) and paragraph (e)(9) to 
read as follows:


Sec.  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

0
59. The authority citation for part 982 continues to read as follows:

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

0
60. In Sec.  982.53, revise the section heading and paragraph (e) to 
read as follows:


Sec.  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 Sec. Sec.  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 Sec.  
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 Sec.  
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 Sec.  5.2009(b).
0
61. In Sec.  982.201, revise paragraph (a) to read as follows:


Sec.  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.
* * * * *
0
62. In Sec.  982.202, revise paragraph (d) to read as follows:

[[Page 17579]]

Sec.  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.
0
63. In Sec.  982.307, revise paragraph (b)(4) to read as follows:


Sec.  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.
0
64. In Sec.  982.310, revise paragraph (h)(4) to read as follows:


Sec.  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).
0
65. In Sec.  982.314, revise paragraphs (b)(4) and (c)(2)(iii) to read 
as follows:


Sec.  982.314  Move with continued tenant-based 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.
* * * * *
0
66. In Sec.  982.315, revise paragraphs (a)(2) and (b) to read as 
follows:


Sec.  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.
* * * * *
0
67. In Sec.  982.353, revise paragraph (b) and add paragraph (c)(4) to 
read as follows:


Sec.  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 Sec.  982.552 and 
Sec.  982.553, a voucher-holder 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 tenant-based 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.
* * * * *

[[Page 17580]]

0
68. In Sec.  982.452, revise the second sentence of paragraph (b)(1) to 
read as follows:


Sec.  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.
* * * * *
0
69. In Sec.  982.551, revise paragraphs (e) and (l) to read as follows:


Sec.  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 Sec.  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.
* * * * *
0
70. In Sec.  982.552, revise paragraph (c)(2)(v) to read as follows:


Sec.  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).
* * * * *
0
71. In Sec.  982.553, revise paragraph (e), to read as follows:


Sec.  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.
0
72. In Sec.  982.637, revise paragraphs (a)(2) and (a)(3) to read as 
follows:


Sec.  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

0
73. The authority citation for part 983 continues to read as follows:

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

0
74. In Sec.  983.3(b), add the definition of ``covered housing 
provider,'' in the alphabetical order, as follows:


Sec.  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 Sec.  891.205 and Sec.  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).
* * * * *
0
75. In Sec.  983.4, revise ``Protections for victims of domestic 
violence, dating violence or stalking'' to read as follows:


Sec.  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.
* * * * *
0
76. In Sec.  983.251, revise paragraph (a)(3) to read as follows:


Sec.  983.251  How participants are selected.

    (a) * * *
    (3) The protections for victims of domestic violence, dating 
violence, sexual assault, or stalking in 24 CFR

[[Page 17581]]

part 5, subpart L, apply to admission to the project-based program.
* * * * *
0
77. In Sec.  983.255, revise paragraph (d) to read as follows:


Sec.  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.
0
78. In Sec.  983.257, revise the last sentence of paragraph (a) to read 
as follows:


Sec.  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.
Juli[aacute]n Castro,
Secretary.

Appendix A

[Insert Name of Housing Provider or Responsible Entity \16\]
---------------------------------------------------------------------------

    \16\ The 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.
---------------------------------------------------------------------------

Notice of Occupancy Rights Under the Violence Against Women Act \17\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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:
    <bullet> 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.
    <bullet> A record of a Federal, State, tribal, territorial, or 
local law enforcement agency, court, or administrative agency that 
documents the abuse.
    <bullet> 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.
    <bullet> 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.

[[Page 17582]]

HP, however, may disclose the information provided if:
    <bullet> You give written permission to HP to release the 
information.
    <bullet> 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.
    <bullet> 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\
---------------------------------------------------------------------------

    \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.
    \19\ See 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.
---------------------------------------------------------------------------

    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:
    <bullet> The tenant reasonably believes that there is a threat 
of imminent harm from further violence if the tenant remains within 
the same unit;
    <bullet> 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.

[[Page 17583]]

Appendix C

 
 
 
  CERTIFICATION OF DOMESTIC    U.S. Department of     OMB Approval No.
                                     Housing               XXXX-XXX
 VIOLENCE, DATING VIOLENCE,         and Urban         Exp. XX/XX/2XXXX
                                   Development
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):
 
------------------------------------------------------------------------
 


[[Page 17584]]


------------------------------------------------------------------------
 
-------------------------------------------------------------------------
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
 __________________________________________________________________Signe
 d 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