66246 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 91, 880, 882, 883, 884, 

886, 891, 903, 960, 966, 982, and 983 

[Docket No. FR–5056–F–02] 

RIN 2577–AC65 

HUD Programs: Violence Against 

Women Act Conforming Amendments 

AGENCY: Office of the Secretary, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule follows a 

November 28, 2008, interim rule that 

conformed HUD’s regulations to those 

provisions of the Violence Against 

Women Act (VAWA), as enacted in 

January 2006, and subsequently 

amended in August 2006, that were 

determined to be self-implementing. 

VAWA provides statutory protections 

for victims of domestic violence, dating 

violence, sexual assault, and stalking. 

Such protections apply to families 

receiving rental assistance under HUD’s 

public housing and tenant-based and 

project-based Section 8 programs. This 

rule adopts as final the regulations in 

the November 28, 2008, interim rule, 

along with certain clarifying changes 

made in response to public comment, 

and with some restructuring of the 

regulations to improve organization 

within the Code of Federal Regulations. 

DATES: Effective Date: November 26, 

2010. 

FOR FURTHER INFORMATION CONTACT: For 

information about HUD’s Public 

Housing program, please contact the 

Director of the Public Housing 

Management and Occupancy Division, 

Office of Public and Indian Housing, 

Room 4226, telephone number 202– 

708–0744. For information about the 

Office of Public and Indian Housing’s 

Section 8 Tenant-Based program, please 

contact Laure Rawson, Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

and Indian Housing, Room 4210, 

telephone number 202–402–2425. For 

information about the Office of 

Housing’s Section 8 Project-Based 

program, please contact Catherine 

Brennan, Director, Housing Assistance 

Policy Division, Office of Housing, 

Room 6138, telephone number 202– 

402–3000. The address for all of the 

above offices is the Department of 

Housing and Urban Development, 451 

7th Street, SW., Washington, DC 20410– 

0500. The above-listed telephone 

numbers are not toll-free numbers. 

Persons with hearing or speech 

impairments may access the numbers 

through TTY by calling the toll-free 

Federal Information Relay Service at 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Violence Against Women Act of 

1994 (VAWA 1994) was enacted as Title 

IV of the Violent Crime Control and 

Enforcement Act of 1994 (Pub. L. 103– 

322, approved September 13, 1994), 

codified at 42 U.S.C. 13931 et seq. 

VAWA 1994 was not applicable to HUD 

programs, but it was applicable to other 

Federal agencies and authorized those 

agencies to award grants to assist 

victims of sexual assault, and included 

provisions to maintain the 

confidentiality of domestic violence 

shelters and addresses of abused 

persons. On January 5, 2006, the 

Violence Against Women and 

Department of Justice Reauthorization 

Act of 2005 (Pub. L. 109–162) was 

signed into law, and, on August 28, 

2006, a bill that made technical 

corrections to the Violence Against 

Women and Department of Justice 

Reauthorization Act of 2005 (Pub. L. 

109–271) was signed into law. (Those 

two public laws are collectively referred 

to as ‘‘VAWA 2005’’). Except as provided 

in Section 4 of the technical corrections 

law, VAWA 2005 became effective upon 

enactment of the law on January 5, 

2006. Section 4 of the technical 

corrections law delayed the 

effectiveness of certain provisions to the 

commencement of Fiscal Year (FY) 

2007, none of which are directly 

applicable to this rulemaking, which 

commenced with the November 28, 

2008, interim rule. 

VAWA 2005 reauthorized and 

substantially amended VAWA 1994 for 

FYs 2007 through 2011, and, among 

other things, consolidated major law 

enforcement grant programs, made 

amendments to criminal and 

immigration laws, and made 

amendments to other statutes, including 

certain HUD statutes, to support and 

strengthen efforts to combat domestic 

violence and other forms of violence 

against women. The provisions of 

VAWA 2005, as amended in 2006, that 

are applicable to HUD programs are 

found in Title VI entitled ‘‘Housing 

Opportunities and Safety for Battered 

Women and Children.’’ Section 601 of 

VAWA 2005 amended VAWA 1994 to 

add a new Subtitle N to VAWA 1994 

entitled ‘‘Addressing the Housing Needs 

of Victims of Domestic Violence, Dating 

Violence, Sexual Assault, and Stalking.’’ 

The VAWA 2005 amendments that 

are applicable to HUD’s public housing 

and tenant-based and project-based 

Section 8 programs (covered programs) 

were determined to be selfimplementing. To ensure that housing 

providers participating in the covered 

programs were aware that the majority 

of VAWA 2005 is self-implementing, 

HUD’s Office of Public and Indian 

Housing (PIH) issued, on June 23, 2006, 

a notice (PIH 2006–23) on the subject of 

VAWA 2005. In that notice, PIH advised 

public housing agencies (PHAs) of the 

VAWA 2005 provisions that were 

effective, and implementable, on the 

date of enactment—January 5, 2006. 

This notice can be found at http://www.

hud.gov/offices/pih/publications/

notices/06/pih2006-23.pdf. PIH Notice 

2006–23 was followed by PIH Notice 

2006–42, which transmitted the 

certification form for use by tenants 

claiming protection under VAWA. That 

notice can be found at http://www.hud.

gov/offices/adm/hudclips/notices/pih/

06pihnotices.cfm. In addition, PIH 

notice 2007–5 addressed the VAWA 

provisions that were incorporated into 

the Housing Choice Voucher Housing 

Assistance Payments (HAP) contract 

and tenancy addendum. That notice can 

be found at http://www.hud.gov/offices/ 

adm/hudclips/notices/pih/07pihnotices.

cfm. 

HUD’s Office of Housing also has 

provided guidance on the 

implementation of VAWA 2005. On 

September 30, 2008, it issued Notice H 

08–07, which advised owners and 

management agents on VAWA 

provisions related to the administration 

of project-based Section 8 properties. 

That notice transmitted both the 

certification form for victims’ use and a 

lease addendum for owners and 

management agents to use toward 

integrating VAWA’s statutory provisions 

into the HUD model lease for projectbased Section 8 properties. That notice, 

which was extended and reissued as 

Notice H 09–15 on October 1, 2009, can 

be found at http://www.hud.gov/offices/ 

adm/hudclips/notices/hsg/09hsgnotices.

cfm. 

In addition to these direct notices, 

HUD issued a Federal Register notice 

that addressed the applicability of 

VAWA 2005 to all HUD programs. That 

notice, which was published on March 

16, 2007 (72 FR 12696), provided an 

overview of the key VAWA provisions 

that affect HUD programs, and advised 

program participants concerning 

compliance with VAWA. The notice 

described those provisions of VAWA 

determined to be self-implementing and 

their effect on HUD programs. That 

notice also advised that HUD would be 

amending its regulations to conform 

existing regulations to the VAWA 

requirements. The November 28, 2008, 

interim rule, found at 73 FR 72336, 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 66247 

1Forms HUD–50066 and HUD–91066 are 

available on HUD’s Web site, respectively, at: 

http://www.hud.gov/offices/adm/hudclips/forms/

files/50066.doc, and http://www.hud.gov/offices/

adm/hudclips/forms/files/91066.pdf. 

2Portability refers to the right of voucher-holding 

families to move outside the jurisdiction of a PHA 

that issues the voucher into the jurisdiction of 

another PHA that administers a tenant-based rental 

assistance program. Section 8(r) of the U.S. Housing 

Act of 1937 establishes the right to portability, and 

HUD’s implementing amendments of this right are 

found at 24 CFR 982.353. 

presented those conforming 

amendments. 

II. The November 28, 2008, Interim 

Rule 

The November 28, 2008, interim rule 

(73 FR 72336) amended those 

regulations for HUD’s covered programs 

that required changes to conform to the 

VAWA amendments made to the 

authorizing statutes for these programs. 

The November 2008 interim rule also 

amended HUD’s Consolidated Plan 

regulations at 24 CFR 91.205(b) and 

91.305(b) to reflect the VAWA 

amendment made to section 105(b)(1) of 

the Cranston-Gonzalez National 

Affordable Housing Act (42 U.S.C. 

12705(b)(1)). The amendments made by 

the November 2008 interim rule require 

jurisdictions’ consolidated plans to 

include, as a planning data, estimated 

housing needs for victims of domestic 

violence, dating violence, sexual 

assault, and stalking. 

The November 2008 interim rule also 

amended HUD’s PHA plan regulations 

at 24 CFR 903.6 and 903.7 to include the 

additional information required by 

VAWA 2005 in the annual and 5-year 

PHA plans. VAWA 2005 amended 

section 5A of the U.S. Housing Act of 

1937, which requires the submission of 

annual and 5-year plans by PHAs. 

VAWA amended section 5A to require 

PHAs to include, in their 5-year plans, 

a statement about goals, activities, 

objectives, policies, or programs that 

will enable a PHA to serve the needs of 

child and adult victims of domestic 

violence, dating violence, sexual 

assault, or stalking. VAWA also 

amended section 5A to require PHAs to 

include, in their annual plans, a 

statement about any domestic violence, 

dating violence, sexual assault, and 

stalking prevention programs they make 

available. 

The November 2008 interim rule 

amended HUD’s regulations in 24 CFR 

part 5. The regulations in 24 CFR part 

5 contain the requirements applicable to 

one or more HUD programs (crosscutting requirements). VAWA 2005 

amended the U.S. Housing Act of 1937 

(1937 Act), specifically, section 6 

(applicable to public housing) and 

section 8 (applicable to voucher and 

project-based programs) (42 U.S.C. 

1437d and 1437f, respectively), by 

making changes to admission, 

occupancy, and termination of 

assistance provisions of these statutory 

sections to incorporate the VAWA 

protections. The cross-cutting 

admission, occupancy, and termination/ 

eviction requirements are codified in 24 

CFR part 5. The November 2008 interim 

rule codified the VAWA protections in 

a new subpart in 24 CFR part 5, which 

is subpart L. 

The November 2008 interim rule 

provided, consistent with the VAWA 

2005 amendments to the 1937 Act, that 

being a victim of domestic violence, 

dating violence, or stalking, as these 

terms are defined in VAWA 2005, is not 

a basis for denial of assistance or 

admission to public or Section 8 

assisted housing, if the applicant 

otherwise qualifies for assistance or 

admission. The statutory amendments 

also provide that incidents or threats of 

abuse will not be construed as serious 

or repeated violations of the lease or as 

other ‘‘good cause’’ for termination of the 

assistance, tenancy, or occupancy rights 

of a victim of abuse. The VAWA 2005 

amendments also set forth the rights and 

obligations of PHAs, owners, and 

management agents regarding criminal 

activity or acts of violence against 

family members or others. The 

regulations in new subpart L of part 5 

contain the VAWA protections as 

applicable to admission, occupancy, 

termination, and eviction. 

The November 2008 interim rule also 

conformed HUD’s regulations to reflect 

the VAWA 2005 certification and 

confidentiality provisions. VAWA 2005 

provides that owners, management 

agents, and PHAs may request an 

individual claiming VAWA protection 

to document, by means of a HUDapproved certification form, that the 

individual is a victim of abuse and that 

the incidences of abuse are bona fide. 

VAWA 2005 provides that the 

individual’s certification must include 

the name of the perpetrator. Forms 

HUD–50066, for use by PHAs, and 

HUD–91066, for use by owners and 

management agents, were developed for 

the purpose of this optional 

certification.1 It is not mandatory that 

the victim provide the HUD form, and 

the PHA, owner, or management agent 

may not require the victim to provide 

the form. A victim may also provide 

documentation from a third-party 

source. Documentation from a thirdparty source may also satisfy the request 

of an individual claiming VAWA 

protections to document the abuse. With 

respect to the third-party source, the 

third-party may be an employee, agent, 

or volunteer of a victim service 

provider, an attorney, or a medical 

professional, from whom the victim has 

sought assistance in addressing 

domestic violence, dating violence, or 

stalking, or the effects of the abuse. 

Pursuant to VAWA, other acceptable 

forms of documentation from a thirdparty source include a Federal, state, 

tribal, territorial, or local police or court 

record. 

The November 2008 interim rule also 

amended 24 CFR 982.353(b) to reflect 

VAWA 2005’s amendment to section 

8(r) of the U.S. Housing Act of 1937 (42 

U.S.C. 1437f(r)), which provides an 

exception to the prohibition against a 

family moving under the portability 

provisions in violation of the lease.2

VAWA 2005 provides that the family 

may receive a voucher and move in 

violation of the lease under the 

portability procedures, if the family has 

complied with all other obligations of 

the voucher program and has moved out 

of the assisted dwelling unit in order to 

protect the health or safety of an 

individual who is or has been the victim 

of domestic violence, dating violence, or 

stalking and who reasonably believed he 

or she was imminently threatened by 

harm from further violence if he or she 

remained in the assisted dwelling unit. 

The November 2008 interim rule also 

amended 24 CFR 5.2007(a)(3), by 

incorporating the VAWA 2005 

requirement imposed on PHAs to 

provide notice to public housing 

residents and tenants assisted under 

section 8 of their rights, including their 

rights to confidentiality, and notice to 

owners and management agents of their 

rights and obligations under VAWA 

2005. In addition to the notice required 

by PHAs, the November 2008 interim 

rule also required owners and 

management agents administering an 

Office of Housing project-based Section 

8 program to provide their tenants with 

the notification as per the VAWA 2005 

requirement. 

The November 2008 interim rule also 

added several new definitions to its new 

regulations in 24 CFR part 5, subpart L, 

to reflect terminology defined by VAWA 

2005, including ‘‘domestic violence,’’ 

‘‘dating violence,’’ ‘‘stalking,’’ and 

‘‘immediate family member.’’ 

The amendments made by the 

November 2008 interim rule are 

discussed in more detail in the 

November 28, 2008, Federal Register 

notice at 73 FR 72337 through 723339. 

III. This Final Rule 

As the preamble to the November 

2008 interim rule explained and as 


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66248 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

reiterated in the preamble to this final 

rule, HUD’s initial rulemaking for 

VAWA 2005, as commenced in 

November 2008, and the notices that 

preceded the November 2008 interim 

rule, were issued to ensure that PHAs, 

owners, and management agents 

participating in HUD’s covered 

programs were aware of the selfimplementing provisions of VAWA 

2005, and of the need to immediately 

implement the protections provided by 

VAWA 2005 in situations covered by 

VAWA 2005. That is, PHAs, owners, 

and management agents were not to 

delay their updating of policies 

pertaining to admission, occupancy or 

termination while waiting for HUD to 

issue regulations on those subjects. 

Because the regulations in HUD’s 

November 2008 interim rule were 

conforming regulations, generally 

incorporating, almost verbatim, the 

VAWA 2005 statutory language, HUD 

anticipated no significant changes 

would be made at this final rule stage, 

and that is in fact the case. However, 

commenters did identify certain areas 

where the regulatory language would 

increase comprehensibility if HUD 

provided further explanation or 

elaboration; this rule does provide that. 

HUD also determined that the 

organization of the regulations in 24 

CFR part 5, subpart L, would be 

enhanced by some reorganization, and 

this rule reflects that reorganization. 

Therefore, with respect to 

reorganization, and in response to 

public comments, the following changes 

are made at this final rule stage: 

A. Reorganization Changes 

Section 5.2005, formerly entitled 

‘‘Protection of victims of domestic 

violence, dating violence, and stalking 

in public and Section 8 housing,’’ is now 

entitled ‘‘VAWA protections,’’ and now 

addresses only VAWA 2005 protections. 

The provisions of § 5.2005 of the interim 

rule that addressed lease bifurcation and 

court orders are now in a new § 5.2009, 

entitled ‘‘Remedies available to victims 

of domestic violence, dating violence, or 

stalking in HUD-assisted housing.’’ 

Section 5.2009 of the interim rule 

entitled ‘‘Effect on other laws’’ has been 

redesignated as § 5.2011. 

B. Clarification Changes 

In § 5.2003 (Definitions), HUD has 

added a definition of VAWA. 

In § 5.2005 (VAWA protections), 

paragraph (a) that pertains to notice of 

VAWA protections is amended to 

include a new paragraph (a)(4), which 

provides that the HUD required lease, 

lease addendum, or tenancy addendum, 

as used in programs covered by this 

rule, must include a description of 

specific protections afforded to the 

victims of domestic violence, dating 

violence, or stalking. 

In § 5.2005, paragraph (d)(1) of this 

section, which addresses the limitation 

of VAWA protections, and the authority 

of PHAs, owners, and management 

agents, now includes reference to 

termination of assistance to clarify that 

Section 8 vouchers are covered by 

VAWA 2005 protections. The interim 

rule merely addressed eviction, 

termination of tenancy, and occupancy 

rights. 

In § 5.2005, HUD clarifies in 

paragraph (d)(2) that the standard for 

eviction, termination of tenancy, or 

termination of assistance is both the 

actual and imminent threat of violence, 

not an actual or imminent threat of 

violence. (Please see also HUD’s 

response to the first comment under 

Section IV.A.) 

In § 5.2005, HUD adds a new 

paragraph (d)(3), which addresses the 

VAWA statutory language’s emphasis 

that nothing in VAWA interferes with 

the right of a PHA, owner, or 

management agent to evict or terminate 

assistance to any tenant or lawful 

occupant if the PHA, owner, or 

management agent can demonstrate an 

actual and imminent threat to other 

tenants or those employed at or 

providing service to the public housing 

or Section 8-assisted property, if that 

tenant or lawful occupant is not 

terminated from assistance. New 

paragraph (d)(3) provides that any 

eviction or termination of assistance 

undertaken on this basis should be 

utilized only by a PHA, owner, or 

management agent 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, developing 

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. 

Further, in § 5.2005, HUD adds a new 

paragraph (e) to address the meaning of 

actual and imminent threat to better 

guide what constitutes an ‘‘actual and 

imminent threat’’ and how to determine 

when one exists. 

In § 5.2007 (Documenting the 

occurrence of domestic violence, dating 

violence, or stalking), HUD has revised 

the title of this regulatory section to be 

more clear regarding the issue to which 

this section is directed, which is simply 

that the victim is required to submit 

written evidence, if requested by a PHA, 

owner, or management agent, that 

verifies that the domestic violence, 

dating violence, or stalking occurred. 

This revision also clarifies that the 

claim presented to the PHA, owner, or 

management agent, as provided in this 

regulatory section, may be a claim for 

continued occupancy or initial tenancy 

or assistance. The interim rule merely 

referenced continued occupancy. 

Commenters pointed out that reference 

to continued occupancy would make 

the documentation request applicable 

only to terminations of public housing 

tenants. Inclusion of ‘‘initial tenancy’’ 

and ‘‘assistance’’ clarifies that 

terminations are also applicable to 

Section 8 participants, and to denying 

assistance to public housing and Section 

8 applicants. 

As will be seen by the discussion of 

public comments, there appeared to be 

confusion as to what was meant by 

certification; that is, whether 

certification referred to the use of a 

HUD-approved form or whether it 

referred to the process of verifying, in 

writing, the occurrence of domestic 

violence, dating violence, or stalking. 

What the statute contemplates, and 

what this regulation puts into place, is 

that upon request, the victim will 

provide evidence, which could be in the 

form of the victim’s written statement 

on a HUD-approved certification form. 

The evidence could also consist of a 

police or court record, or the written 

statement of an employee, agent, or 

volunteer of a victim service provider, 

an attorney, or a medical professional, 

from whom the victim has sought 

assistance in addressing domestic 

violence, dating violence, or stalking, or 

in addressing the effects of abuse, in 

which the professional attests under the 

penalty of perjury to the professional’s 

belief that the incident or incidents in 

question are bona fide incidents of 

abuse. In brief, a written document that 

verifies that the violence occurred could 

be requested by the PHA, owner, or 

management agent. Therefore, HUD will 

use ‘‘documentation’’ and ‘‘document’’ to 

refer to the process of providing written 

verification. HUD will apply the terms 

‘‘certification’’ and ‘‘certify’’ to refer to 

the HUD-approved form and its use by 

the victim. 

In addition, in § 5.2007, HUD 

includes the phrase ‘‘dating violence or 

stalking’’ along with ‘‘domestic 

violence.’’ This section clarifies that if a 

PHA, owner, or management agent 

requests a tenant, alleging domestic 

violence, dating violence, or stalking, to 

document his or her claim of such 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 66249 

violence, the request must be made in 

writing. This section also clarifies that 

at its discretion, a PHA, owner, or 

management agent may provide benefits 

to an individual based solely on the 

individual’s verbal statement or other 

corroborating evidence. 

In § 5.2007(b)(4), HUD expands on the 

responsibility of the PHA, owner, and 

management agent to maintain the 

confidentiality of information provided 

by a victim of domestic violence, dating 

violence, or stalking. 

Finally, in § 5.2007, a new paragraph 

(e) is added to clarify the way in which 

the PHA, owner, or management agent 

may determine the true victim of 

domestic violence in a situation of 

conflicting certifications. 

In § 5.2009 (Remedies available to 

victims of domestic violence, dating 

violence, or stalking in HUD-assisted 

housing), HUD clarifies in paragraph (a), 

which pertains to lease bifurcation, that 

the programs covered by this provision 

are the public housing, Section 8 

Housing Choice Voucher (HCV), and 

Section 8 project-based programs. 

HUD has included an amendment to 

24 CFR 966.4 (Lease requirements) to 

include the VAWA 2005 protections as 

a required provision of the public 

housing lease, and to require the PHA 

to consider lease bifurcation if 

appropriate in a domestic violence 

situation. 

HUD has included amendments to 24 

CFR 982.314 (move with continued 

tenant-based assistance) to clarify that 

PHA policies restricting timing and 

number of moves do not apply when the 

family or a member of the family is or 

has been the victim of domestic 

violence, dating violence, or stalking, 

and the move is needed to protect the 

health or safety of the family or family 

member. New amendments to 24 CFR 

982.314 also clarify that a PHA may not 

terminate assistance if the family, with 

or without prior notification to the PHA, 

already moved out of a unit in violation 

of the lease, if such move occurred to 

protect the health or safety of a family 

member who is or has been the victim 

of domestic violence, dating violence, or 

stalking and who reasonably believed he 

or she was threatened with imminent 

harm if he or she remained in the 

dwelling unit. HUD has included an 

amendment to 24 CFR 982.315 (Family 

break-up) to address the same concerns 

as provided in the amendment to 24 

CFR 982.314. 

IV. Public Comments and HUD’s 

Responses 

The public comment period on the 

November 2008 interim rule closed on 

January 27, 2009, and HUD received 13 

public comments. Commenters included 

legal aid organizations, domestic 

violence advocacy groups, housing 

advocacy groups, and public housing 

agencies. 

Overall, commenters appeared 

pleased to see the VAWA 2005 

protections codified in regulations, but 

some commenters said the November 

2008 interim rule was more than a 

conforming rule, while others said HUD 

had failed to fully conform its 

regulations to certain VAWA 2005 

statutory provisions. Other commenters 

stated that they understood that 

regulations were not the appropriate 

place for comprehensive guidance on 

the VAWA 2005 protections, but 

encouraged HUD to provide additional 

guidance on the VAWA 2005 

protections and provide examples on 

the various situations in which the need 

for such protections may occur. The 

following presents key issues raised by 

the commenters and HUD’s responses to 

these issues. 

A. Scope and Definition Issues 

Comment: Interim rule’s language on 

‘‘actual or imminent threat’’ departs 

from the statutory language. Several 

commenters stated that HUD’s 

interpretation of ‘‘actual and imminent 

threat’’ departs from the statutory 

language in VAWA 2005. A commenter 

stated that the statutory language of 

VAWA 2005 refers to an actual and 

imminent threat, and HUD’s interim 

rule, by contrast, refers to actual or 

imminent threat. 

HUD Response: The interim rule 

deviated from the statutory language of 

VAWA 2005 by indicating that an 

owner, management agent, or public 

housing agency may evict or terminate 

from assistance any tenant or lawful 

occupant if the owner, management 

agent, or public housing agency can 

demonstrate an actual or imminent 

threat to other tenants or those 

employed at or providing service to the 

property if that tenant is not evicted or 

terminated from assistance. VAWA 2005 

states that an owner, management agent, 

or public housing agency may evict or 

terminate from assistance any tenant or 

lawful occupant if the owner, 

management agent, or public housing 

agency can demonstrate an actual and 

imminent threat to other tenants or 

those employed at or providing service 

to the property if that tenant is not 

evicted or terminated from assistance. 

This deviation from the statutory 

language resulted from the use of two 

similar, but contextually distinct, 

phrases within the statute. Both the 

phrase ‘‘actual and imminent threat’’ and 

‘‘actual or threatened domestic violence’’ 

appear in VAWA 2005, and are used to 

refine proscribed protection and 

prohibited activity in different potential 

situations. 

The phrase ‘‘actual or threatened 

domestic violence’’ appears in section 

606 and section 607 of VAWA 2005 in 

the amendments made to section 

8(c)(9)(B) and section 6(l)(5) of the U.S. 

Housing Act of 1937 (42 U.S.C. 1437f(c) 

and 42 U.S.C. 1437d(l)). The revision to 

section 6(1)(5) of the U.S. Housing Act 

states that an incident or incidents of 

actual or threatened domestic violence, 

dating violence, or stalking will not be 

construed as a serious or repeated 

violation of the lease by the victim or 

threatened victim, and shall not be good 

cause for terminating the assistance, 

tenancy, or occupancy rights of such 

victim. 

In contrast, section 606 of VAWA 

2005 (section 8(c)(9)(C) of the 1937 Act) 

and section 607 of VAWA 2005 (section 

6(l)(6) of the 1937 Act) provide that 

criminal activity directly relating to 

domestic violence, dating violence, or 

stalking engaged in by a member of a 

tenant’s household or any guest or other 

person under the tenant’s control is not 

cause for termination of assistance, 

tenancy, or occupancy rights if the 

tenant or a member of the tenant’s 

immediate family is the victim of the 

corresponding violence. This protection, 

however, is limited by sections 

8(c)(9)(C)(v) and 6(l)(6)(E), which 

provide that a tenant, or other lawful 

occupant, who is a victim of such 

domestic violence, dating violence, or 

stalking may be evicted or terminated 

from assistance if the owner, 

management agent, or public housing 

agency can demonstrate that such an 

action is required due to an actual and 

imminent threat posed to other tenants 

or to employees or service providers of 

the property that will result if that 

tenant or lawful occupant is not evicted 

or terminated from assistance. In this 

context, the phrase ‘‘actual and 

imminent threat,’’ rather than ‘‘actual or 

imminent threat,’’ narrows the use of 

this limitation by the owner, 

management agent, or public housing 

agency, thereby, providing greater 

protection for the victim. Accordingly, 

HUD has clarified this distinction in 24 

CFR 5.2005(d)(2). 

Comment: Definition of ‘‘imminent 

threat’’ requires revisions. Two 

commenters questioned the interim 

rule’s definition of ‘‘imminent threat’’ on 

the basis that they found that it failed 

to include the imminence of the threat; 

that is, the likelihood that the threat 

would become reality. Other 

commenters recommended using the 

standard of ‘‘serious bodily harm’’ to 


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give meaning to ‘‘violent criminal 

activity,’’ which is the term used in 

VAWA 2005. Commenters stated that 

the term ‘‘bodily harm’’ was too vague 

and general. 

HUD Response: Section 5.2005(e) of 

HUD’s interim rule provides that words, 

gestures, actions, or other indicators are 

considered an imminent threat ‘‘if a 

reasonable person, considering all of the 

relevant circumstances, would have a 

well-grounded fear of death or bodily 

harm as a result.’’ HUD based its 

definition of ‘‘imminent threat’’ in the 

interim rule, in part, on the definition 

of ‘‘stalking’’ in VAWA 2005. VAWA 

2005 defines ‘‘stalking’’ to include acts 

of pursuit or surveillance or repeatedly 

committed acts that ‘‘place a person in 

reasonable fear of the death of, or 

serious bodily injury to, or to cause 

substantial emotional harm to’’ that 

person, a member of the immediate 

family, or the spouse or intimate partner 

of that person. The definition of 

‘‘stalking’’ described the types of actions 

that were actual and imminently 

threatening in a domestic violence 

situation. 

However, in response to public 

comments, HUD has reexamined the 

interim rule guidance on actual and 

imminent threat, and also reviewed case 

law, as suggested by commenters in the 

following comment. The case law 

recommended by the commenters was 

helpful in developing standards that 

would better guide what actions 

constitute actual and imminent threat. 

Section 5.2005 of this final rule includes 

a new paragraph (e) to help PHAs, 

owners, and management agents 

determine when actual and imminent 

threat exists. This new paragraph (e) is 

discussed more fully in HUD’s response 

to the following comment. 

Comment: Clarify standards for 

determining actual and imminent 

threat. Commenters stated that HUD’s 

final rule needed to elaborate on the 

meaning of ‘‘actual and imminent’’ 

threat in order to be more helpful to 

housing providers in understanding 

when they may be confronting an actual 

and imminent threat situation. Two 

commenters suggested that the 

legislative history of, and similar 

exceptions in, the Fair Housing Act and 

the Americans with Disabilities Act 

should be used as standards to elaborate 

on the proper application of actual and 

imminent threat to specific 

circumstances encountered by PHAs, 

owners, or management agents under 

VAWA 2005. One commenter 

recommended that HUD’s final rule 

follow the Fair Housing Act and base 

any specific determination of an actual 

and imminent threat based on the 

consideration of four factors: (1) The 

nature of the risk, (2) the duration of the 

risk, (3) the severity of the risk or 

potential harm to third parties, and (4) 

the probability of harm. The commenter 

claimed that the Fair Housing Act 

codifies the factors of School Board of 

Nassau County, Florida v. Arline, 480 

U.S. 273, 107 S.Ct. 1123 (1987) in 42 

U.S.C. 3604(f)(9). The commenter added 

that HUD’s final rule should describe 

the analysis of actual and imminent 

threat with more specificity so that 

PHAs, owners, or management agents 

know they must have objective evidence 

in order to find an exception to VAWA 

2005. The commenter stated that 

otherwise an exception may be based on 

fear or conjecture rather than on an 

objectively proven imminent threat. 

The commenter recommended that 

the factors be listed in HUD’s final rule, 

as is done in two similar regulations 

describing the direct threat exception 

for the Americans with Disabilities Act 

(ADA): The Department of Justice’s 

ADA regulations and the Department of 

Labor’s ADA regulations at 28 CFR 

36.208 and 29 CFR 1630.2(r), 

respectively. The commenter stated that, 

as HUD’s interim rule reads, it fails to 

emphasize the need for objectivity, 

evidence, and the examination of 

particular circumstances needed to 

understand and implement this 

exception. 

HUD Response: HUD understands 

that the need for elaboration on this 

important terminology—actual and 

imminent threat—as used in the statute, 

and appreciates the commenters’ 

suggestions on standards or factors to 

consider in determining whether there 

is a situation of actual and imminent 

threat. Although there appears to be an 

absence of case law interpreting ‘‘actual 

and imminent’’ threat, the commenters 

are correct that cases involving housing 

discrimination or violence in a direct 

threat situation are instructive on 

standards that should be considered. 

More importantly, the commenters are 

correct that any interpretation of these 

terms should emphasize the need for 

objective evidence that the actual and 

imminent threat of physical danger is 

real, not hypothetical or presumed; 

would occur within an immediate time 

frame, and thus not be remote or 

speculative; could result in death or 

serious bodily harm; and could not be 

reduced or eliminated by reasonable 

actions. Accordingly, HUD’s final rule 

provides, in a new paragraph (e) to 

§ 5.2005, that an actual and imminent 

threat consists of a physical danger that 

is real, would occur within an 

immediate time frame, and could result 

in death or serious bodily harm. 

Additionally, this paragraph provides 

that 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. In addition to including 

this language in the regulatory text, 

HUD intends to issue further guidance 

that may be helpful in determining and 

dealing with actual and imminent 

threat. 

Comment: Commenters stated that the 

rule omits reference to crimes of dating 

violence and stalking. According to 

commenters, HUD’s interim rule, in 

several places, addresses domestic 

violence, but fails to include the crimes 

of dating violence and stalking. The 

commenters recommended that the 

provisions be amended to more closely 

track VAWA 2005. 

HUD Response: HUD’s interim rule 

(in § 5.2003, as well as in § 5.2005 (the 

title of § 5.2005, includes the phrase 

dating violence and stalking), and 

§ 5.2009) already includes reference to 

the crimes of dating violence and 

stalking. The final rule includes dating 

violence or stalking in addition to 

domestic violence at section 5.2007(d) 

and section 5.2007(a). HUD has not 

identified any other key provision of the 

interim rule where such terminology 

was omitted. 

Comment: Clarify criminal activity 

directly related to domestic violence, 

dating violence, or stalking. A 

commenter stated that the statute and 

interim rule contain detailed definitions 

of the terms ‘‘domestic violence, ‘‘dating 

violence,’’ and ‘‘stalking,’’ but does not 

clarify the meaning of ‘‘directly related’’ 

in the context of protecting a victim 

from eviction due to such criminal 

activity. The commenter stated that 

Congress intended to limit the reach of 

the provision so that activities distantly 

related to domestic violence, dating 

violence, or stalking would not bring 

into play the statutory scheme. 

HUD Response: As the commenter 

notes, the interim rule mirrors the 

statutory language, which provides that 

criminal activity ‘‘directly related’’ to 

domestic violence, dating violence, 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, 

or of occupancy rights of, or assistance 

to the victim, if the tenant or immediate 

family member of the tenant is the 

victim. HUD finds that in this context, 

the meaning of ‘‘directly related’’ is clear 

and does not require further elaboration. 


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Comment: VAWA 2005 should apply 

to men, Project Rental Assistance 

Contracts (PRACs), and Section 8 

properties. One commenter stated that 

VAWA 2005 should protect men from 

domestic violence and not only women. 

The commenter added that VAWA 2005 

should cover housing under PRACs, as 

well as other Section 8 properties. 

HUD Response: VAWA 2005 does 

protect men. Although the name of the 

statute references only women, the 

substance of the statute makes it clear 

that its protections are not exclusively 

applicable to women. With respect to 

broader coverage of VAWA 2005, HUD 

notes that the scope of VAWA 2005 

protections is limited to the 1937 Act. 

Comment: Rule must address battered 

immigrants’ eligibility. Commenters 

stated that HUD’s interim rule omits 

housing eligibility for battered 

immigrant-qualified aliens. Battered 

immigrant-qualified aliens are 

statutorily eligible to receive public and 

assisted housing as part of the Illegal 

Immigration Reform and Immigration 

Responsibility Act of 1996. In 2003, 

according to the commenters, Congress 

directed HUD and the Department of 

Justice to interpret housing statutes 

consistently with immigration and 

public benefits statutes so that qualified 

alien-battered immigrants would be 

eligible for federally subsidized 

housing. (See H. Rep. No. 108–10 at 

1495). According to the commenters, 

qualified alien-battered immigrants 

continue to be denied housing benefits 

they both need and are eligible to 

receive, and HUD should revise its 

VAWA rule, at the final rule stage, to 

make it clear that battered alien 

immigrants are eligible to receive 

housing benefits. 

HUD Response: The November 2008 

interim rule and this final rule are 

directed only to addressing the 

provisions of the Violence Against 

Women Act of 2005. This rule does not 

address the categories of legal 

immigrants eligible for housing under 

Section 214 of the Housing and 

Community Development Act of 1980. 

However, VAWA 2005 protects victims 

of domestic violence, dating violence, or 

stalking residing in HUD public and 

assisted housing covered by VAWA 

2005, regardless of whether they are 

citizens or eligible immigrants. 

B. Certification and Verification 

(Documentation of Abuse) Issues 

Comment: Certification language in 

interim rule is at odds with the statutory 

language. One commenter stated that 

the certification section of the rule is 

confusing and must be revised to 

include correct VAWA 2005 statutory 

language, which provides that a PHA, 

owner, or management agent may ask a 

victim of domestic violence, dating 

violence, or stalking to document this 

status in any one of the following forms: 

a HUD-approved certification form 

completed by the victim or 

documentation signed by an employee, 

agent, or volunteer of a victim service 

provider; an attorney; or a medical 

professional, or via a court or police 

record. 

HUD Response: As discussed in 

Section III.B. of this preamble, HUD has 

revised § 5.2007 to eliminate any 

confusion about the ‘‘certification/or 

verification’’ of abuse. As noted in 

Section III.B. of this preamble, a PHA, 

owner, or management agent may 

request that a victim of domestic 

violence, dating violence, or stalking 

document or provide written evidence 

to demonstrate that the violence 

occurred. Accepted means of 

documentation include providing the 

PHA, owner, or management agent with 

a completed HUD-approved certification 

form, or other form of written 

verification of the abuse, signed by a 

third party. The PHA, owner or 

management agent also may accept the 

victim’s verbal statement or other 

corroborating evidence as sufficient 

verification of the abuse. Therefore, as 

long as the victim provides a HUDapproved certification form, third-party 

documentation, a verbal statement, or 

other corroborating evidence, the victim 

is statutorily entitled to VAWA 2005 

protections. A tenant’s file should 

document acceptance of an individual’s 

verbal statement. 

Comment: Clarify permissibility of 

self-certification and third-party 

verification. Some commenters stated 

that the option to self-certify, despite 

the request from a PHA, owner, or 

management agent for certification on 

the HUD form or another form of 

certification, is at odds with VAWA 

2005. Other commenters stated that the 

November 2008 interim rule is unclear 

as to when third-party verification can 

be required instead of self-certification. 

A commenter stated that third-party 

verification should be allowed because 

such verification provides a PHA, 

owner, or management agent with a 

comparatively higher level of protection 

from potential abuse of VAWA 2005, 

and would eliminate the need for an 

independent judgment call. 

Other commenters stated that VAWA 

2005 indicates that a PHA or owner 

does not have to require that a person 

seeking VAWA 2005 protections 

produce documentation of his or her 

status as a victim of domestic violence, 

dating violence, or stalking, and that 

VAWA 2005 protections may be 

provided to individuals based solely on 

their own statements or other 

corroborating evidence. Another 

commenter stated that, if a PHA, owner, 

or management agent decides to obtain 

verification of an individual’s status as 

a victim, the tenant may satisfy the 

requirement to document the abuse by 

providing documentation signed by an 

attorney or member of a victim service 

provider or contained in a police or 

court record. 

HUD Response: With respect to selfcertification, VAWA 2005 allows, but 

does not require, the victim to selfcertify, in order to be afforded 

protection under VAWA 2005. Form 

HUD–50066, for use by PHAs, and form 

HUD–91066, for use by owners and 

management agents, have been 

developed for the purpose of the 

optional certification. They are standard 

forms and collect limited, relevant 

information from the victim. 

With respect to the issue of thirdparty verification, HUD has determined 

that an individual requesting protection 

cannot be required to provide thirdparty documentation. If a 

documentation request is made to an 

individual seeking protection under 

VAWA 2005, the PHA, owner, or 

management agent must accept the 

standard HUD certification form as a 

complete request for relief, without 

insisting on additional documentation. 

Additionally, third-party documentation 

must be accepted in lieu of the HUD 

standard certification form if such 

documentation is produced by the 

individual requesting relief. 

Comment: Clarify whether a HUDapproved certification is always needed. 

Certain commenters stated that the 

certification provision of HUD’s interim 

rule should be revised to clarify that a 

HUD-approved certification form is not 

always required. According to one 

commenter, the interim rule improperly 

combines the HUD certification form 

with the option for the victim to submit 

a police or court record or qualified 

third-party documentation in lieu of the 

certification form. Other commenters 

stated that the regulatory text of the 

interim rule should follow the statutory 

language, which references a written 

request for certification by the PHA or 

owner. 

HUD Response: HUD believes that the 

changes made to § 5.2007 eliminate 

confusion about what is required under 

the statute, as implemented by HUD’s 

regulation. However, in response to the 

question raised by the commenters, a 

PHA, owner, or management agent may, 

but is not required to, request that the 

individual complete a HUD-approved 


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certification form documenting the 

abuse. The victim may satisfy a request 

to document the domestic violence, 

dating violence, or stalking by 

submitting the HUD-approved form. The 

victim may satisfy the PHA’s, owner’s, 

or management agent’s request for 

documentation without providing the 

HUD-approved form, by submitting 

third-party documentation of the abuse 

or other corroborating evidence. The 

PHA, owner, or management agent must 

accept the HUD-approved form as a 

complete request for protection in the 

absence of third-party documentation. 

Third-party documentation may 

include, among other things, court or 

police records. In addition, the PHA, 

owner, or management agent may 

provide benefits based solely on the 

individual’s verbal statement or other 

corroborating evidence. 

With respect to a written request for 

certification, HUD acknowledges that 

this language could be clearer, and 

believes the changes made to § 5.2007 

provide greater clarity. In order to deny 

relief for protection under VAWA, a 

PHA, owner, or management agent must 

provide the individual with a written 

request for documentation. If the 

individual fails to provide the requested 

documentation within 14 business days 

of receiving a written request for 

information, the relief may be denied. 

The 14-business day window for 

submission of documentation does not 

begin until the individual receives the 

written request. The PHA, owner, or 

management agent has discretionary 

authority to extend the statutory 14- 

business day period. While HUD’s 

interim rule covered these time frames, 

the ‘‘request’’ by the PHA, owner, or 

management agent was not phrased 

specifically in terms of a ‘‘written 

request.’’ However, the subject of request 

for documentation is now addressed in 

§ 5.2007(a) of the final rule. 

Comment: Content of certification 

requires clarification. A commenter 

stated that VAWA 2005 is ambiguous as 

to whether the content of certification 

should be left to the victim’s discretion 

or to the discretion of the PHA, owner, 

or management agent. Commenters 

suggested that the housing providers be 

given the discretion to specify the 

content and types of information that 

should be provided in the certification. 

HUD Response: As noted earlier, 

although VAWA 2005 speaks in terms of 

a victim’s certification that the violence 

occurred, HUD’s regulation is revised by 

this final rule to speak in terms of 

documentation of the violence. 

Nevertheless, to the commenters’ 

question about the statute, the 1937 Act, 

at both 42 U.S.C. 1437d(u)(1)(A) and 

1437f(ee)(1)(A), states that the PHA, 

owner, or management agent may 

request that an individual certify 

through a HUD-approved certification 

form that the individual is a victim of 

domestic violence, dating violence, or 

stalking, and that the incident or 

incidents in question are bona fide 

incidents of such actual or threatened 

abuse and meet the requirements set 

forth in the above-referenced statutory 

provisions. Under VAWA 2005, the only 

required content of the certification is 

that such certification shall include the 

name of the perpetrator. Certifications 

are typically very brief documents by 

which an individual who has provided 

certain information attests that such 

information is true. HUD finds that its 

treatment of certification in its 

regulations, which mirrors VAWA 

2005’s treatment, is the correct 

approach. 

Comment: VAWA 2005 does not 

require victims to sign certifications 

under penalty of perjury. Commenters 

stated that the interim rule requires 

victims to sign certifications under 

penalty of perjury, which is not required 

by VAWA 2005 or HUD’s published 

certification form, form-50066. One 

commenter stated that HUD has the 

discretionary authority to require 

victims to certify their status under 

penalty of perjury, and that HUD’s form 

should provide for self-certification 

under penalty of perjury, so long as the 

form is amended to describe the 

penalties associated with perjury. Other 

commenters stated that HUD appears to 

have the discretion to offer a 

certification process through which 

program sponsors could also require 

third-party verification under penalty of 

perjury, victims’ self-certification of 

their status under penalty of perjury, or 

‘‘victims’’ providing of police reports. 

The commenters stated that these 

alternatives would help to prevent 

abuse of VAWA 2005 protections. 

HUD Response: Given the possible 

consequences to both the victim and the 

alleged perpetrator of domestic 

violence, dating violence, or stalking, 

HUD’s position is that it is important 

that any allegations made by one 

individual against another are made 

with the understanding that there are 

consequences if the allegations are false. 

In this regard, HUD’s VAWA forms, 

HUD–50066 and HUD–91066, advise 

that the submission of false information 

may be a basis for termination of 

assistance or for eviction. HUD 

maintains that this language is a 

sufficient deterrence from false 

reporting and that the inclusion of the 

language ‘‘under penalty of perjury’’ is 

unnecessary. 

Comment: Additional guidance is 

necessary to protect victims’ 

confidentiality and safety in the 

documentation process. One commenter 

stated that PHAs and owners could 

benefit from guidance on how to 

maintain confidentiality when a victim 

seeks to port a voucher to a different 

jurisdiction. Other commenters stated 

that the rule should explicitly state that 

any release of information for the 

purpose of enforcing that person’s rights 

under VAWA 2005 is limited in time 

and scope. One commenter stated that 

because of the sensitive nature of 

domestic violence, HUD must include 

safeguards to ensure that PHAs or 

landlords do not require any 

information beyond that required in a 

HUD-approved form. 

HUD Response: The release of 

confidential information was addressed 

in § 5.2007(a)(1)(v) of the interim rule 

[§ 5.2007(b)(4) in the reorganized 

regulation of this final rule]. This 

section, which tracks the statutory 

language in VAWA 2005 (at section 

8(ee)(2) of the Housing Act of 1937 (42 

U.S.C. 1437f(ee)(2))), has been expanded 

in the final rule stage. This section now 

states that information provided by the 

victim of domestic violence, dating 

violence, or stalking shall be kept 

confidential and shall not be entered 

into any shared database or provided to 

any other entity except to the extent that 

disclosure is requested by the tenant, 

required for use in an eviction 

proceeding, or required by applicable 

law. Further, this section prohibits 

employees of the PHA, owner, or 

management agent, or individuals 

within their employ (e.g., contract 

workers) from having access to such 

information, unless they are specifically 

and explicitly authorized by the PHA, 

owner, or management agent to access 

this information because it is necessary 

to their work for the PHA, owner, or 

management agent. These employees or 

individuals in the employ of the PHA, 

owner, or management agent are equally 

bound to maintain the confidentiality of 

such information. Maintaining 

confidentiality is essential to protect 

victims from further harm. In addition 

to expanding the confidentiality 

requirements in § 5.2007(b)(4), HUD 

will provide additional guidance to 

PHAs, owners, and management agents 

on confidentiality protocols that each 

PHA, owner, and management agent 

should maintain and enforce. 

Further, HUD notes that the situations 

mentioned by commenters are also 

covered by the Privacy Act (5 U.S.C. 

552a). The Privacy Act controls the 

purposes for which information may be 

released, and those purposes are 


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supposed to be stated when the 

information is collected. 

Comment: Guidance needed for 

processing VAWA 2005 certifications. 

Several commenters sought guidance on 

how to process a VAWA 2005 

certification, including cases involving 

the submission of certifications from 

household members that are in conflict 

with one another. In some instances, 

where the perpetrator of domestic 

violence is a member of the household 

and faces eviction, the perpetrator may 

claim to be a victim of domestic 

violence and attempt to have the true 

victim evicted instead. 

HUD Response: As noted earlier in 

this preamble, the process that is at 

issue is not the processing of 

certifications, but rather documenting 

violence that has occurred. As also 

discussed in this preamble, such 

documentation may be provided in 

several ways, including a certification, 

but also a third-party statement or a 

court or police record. Individuals 

seeking protection under VAWA 2005 

must notify the PHA, owner, or 

management agent of their intent to 

request protection. The PHA, owner, or 

management agent may, but is not 

required to request, that the individual 

provide documentation of the abuse. 

The individual may satisfy the 

documentation requirement by 

submitting the HUD-approved 

certification form. The individual may 

also satisfy a request for documentation 

by submitting third-party 

documentation of the abuse or other 

corroborating evidence. Although the 

victim has discretion as to the means of 

documentation, the PHA, owner, or 

management agent may request some 

additional proof beyond a verbal 

statement. If the requesting individual is 

unable to produce documentation or 

other corroborating evidence and is 

unwilling to self-certify on the HUDapproved form, the individual may 

request, and the PHA, owner, or 

management agent must, in accordance 

with the procedures established in the 

applicable program regulations, provide 

an opportunity for an informal review or 

informal hearing prior to ultimate denial 

of protection. 

Third-party documentation may 

include, among other things, court or 

police records. The PHA, owner, or 

management agent must accept the 

certification form as a complete request 

for protection, in the absence of thirdparty documentation. A PHA, owner, or 

management agent also must accept 

third-party documentation in lieu of the 

HUD standard certification form if such 

documentation is produced by the 

individual requesting relief. 

The certification form and/or thirdparty documentation should be placed 

in the tenant’s file, and the PHA, owner, 

or management agent should explain to 

the individual the remedies available. 

Additional information on processing 

the certification and/or third-party 

documentation will be described in 

HUD administrative guidance. 

With respect to conflicting 

certification from two members of a 

household, HUD recognizes that PHAs, 

owners, and management agents may 

not be in a position to determine the 

victim from the perpetrator. Trained 

third parties (such as law enforcement 

or a victim service provider, attorney, or 

medical professional, as described in 42 

U.S.C. 1437(f)(ee)(C)) are often better 

equipped to make accurate judgments. 

The statute also notes that the eviction 

protections do not limit the authority of 

a PHA, owner, or management agent, 

when notified, to honor court orders 

addressing rights of access to control of 

the property, including civil protection 

orders issued to protect the victim and 

issued to address the distribution or 

possession of property among the 

household members in cases where a 

family breaks up. Use of this third-party 

documentation would enable PHAs, 

owners, and management agents to 

make a more accurate decision. It would 

also discourage perpetrators from 

attempting to abuse the system and 

further harm their victims. A victim 

may well have already sought assistance 

in addressing the abuse and be able to 

produce documentation relatively 

quickly. Should any questions remain, a 

court or another adjudication process, 

such as a PHA grievance hearing, 

informal hearing or informal review, 

could be an appropriate venue to pursue 

fact-finding and make a determination. 

To assist PHAs, owners, and 

management agents navigate such 

conflicts, HUD has added a new 

paragraph (e) to § 5.2007, to clarify the 

ways in which the PHA, owner, or 

management agent may determine the 

true victim of domestic violence in a 

situation of conflicting certifications. 

HUD will also issue additional guidance 

to assist PHAs, owners, or management 

agents when confronted with conflicting 

certifications. 

C. Transfer Policies and Portability 

Issues 

Comment: Transfer policies to protect 

victims. Commenters encouraged HUD 

to go beyond merely conforming HUD’s 

regulations to the VAWA 2005 

provisions, by promulgating regulations 

that mandate emergency transfers for 

victims of domestic violence in public 

housing and project-based Section 8 

housing. The commenters stated that 

VAWA 2005 creates specific transfer 

rights for victims of domestic violence 

with HCVs, with one commenter 

encouraging HUD to exercise its 

rulemaking authority and create specific 

rights for victims in public housing and 

project-based Section 8 housing, in 

addition to the rights provided for 

voucher tenants. That commenter stated 

that while there is no direct guidance on 

the problems facing victims of domestic 

violence who need to flee their projectbased Section 8 housing without 

jeopardizing their subsidies, there is 

general recognition of the problem by 

HUD, owners, and advocates. One 

commenter stated that HUD’s VAWA 

2005 regulations should encourage 

project-based Section 8 owners to allow 

transfers to other project-based Section 

8 developments they own or to 

developments where they have 

cooperative agreements with other 

owners. Such a policy would not be a 

violation of waiting list regulations. 

HUD Response: HUD’s November 

2008 interim rule was issued for the 

purpose of conforming HUD’s 

regulations to the self-implementing 

provisions of VAWA 2005 and, as stated 

earlier in this preamble, for the purpose 

of ensuring there was no confusion on 

the part of PHAs, owners, and 

management agents that they should 

immediately commence compliance 

with VAWA 2005. With respect to the 

request to HUD to undertake rulemaking 

beyond this conforming rulemaking 

process, for the purpose of establishing 

specific rights to victims of domestic 

violence, dating violence, or stalking in 

HUD-subsidized housing, it is HUD’s 

view that VAWA 2005 well establishes 

those rights. HUD believes that this 

view is consistent with the statutory 

language of VAWA 2005, which was 

made effective upon enactment, and 

which did not direct HUD to undertake 

rulemaking to implement the provisions 

applicable to HUD programs. 

With respect to transfer policies, HUD 

will continue to encourage, rather than 

require, PHAs to include protections for 

victims of domestic violence, dating 

violence, or stalking, within existing 

transfer policies. While there are no 

transfer policies for project-based 

Section 8 properties, HUD Handbook 

4350.3 REV–1, Occupancy 

Requirements of Subsidized Multifamily 

Housing Programs, already states that 

owners may adopt a preference for 

families that include victims of 

domestic violence. HUD will be revising 

the Handbook so that the language also 

includes victims of dating violence and 

stalking. HUD believes that the 

responsibilities of PHAs, multifamily 


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housing owners, and management 

agents are clear under VAWA 2005 to 

protect tenants who are victims of 

domestic violence, dating violence, or 

stalking and that PHAs, multifamily 

housing owners, and management 

agents also need the flexibility to 

confront the various domestic violence, 

dating violence, or stalking situations 

that may occur. 

Comment: Address possible problems 

with moving and portability policies. 

Certain commenters expressed concern 

about moving and portability policies. 

According to one commenter, HUD’s 

November 2008 interim rule allows a 

family to receive a voucher and to move 

out of a unit in violation of the lease if 

the family believes itself in immediate 

danger. However, the commenter stated 

that HUD has not provided guidance on 

how to handle such situations with HCV 

landlords. The commenter stated that 

clarification of such procedures is 

critical if HUD expects landlords to 

continue to participate in the HCV 

program. 

A second commenter stated that all 

parties would benefit from more 

guidance on the portability issue. A 

third commenter stated that if the 

November 2008 interim rule is read in 

conjunction with PIH Notice 2008–43, it 

appears that a PHA can continue to 

deny a victim’s request for portability if 

the PHA has established a policy that 

prohibits a move by the family during 

the initial lease term, or more than one 

move by the family during any one-year 

period. In order to address this problem, 

the commenter recommended that an 

exception be recognized in § 982.314(c) 

for voucher participants. The 

commenter stated that PHAs need 

guidance from HUD on how to handle 

VAWA 2005-related absence from the 

unit or the need to vacate the unit. 

HUD Response: HUD agrees that 

denying a request for portability in such 

a situation would be contrary to the 

intent of VAWA 2005. Therefore, HUD 

has revised its regulation at § 982.314(b) 

to clarify that a PHA may not refuse to 

issue a voucher to an assisted family 

due to the family’s failure to seek 

approval prior to moving to a new unit 

in violation of the original lease, if such 

move occurred to protect the health or 

safety of a family member who is or has 

been the victim of domestic violence, 

dating violence, or stalking and who 

reasonably believed he or she was 

threatened with imminent harm if he or 

she remained in the dwelling unit. This 

move, however, does not relieve the 

family of any financial obligations on 

the original lease. Additionally, HUD 

has revised its regulation at § 982.314(c) 

to clarify that PHA policies restricting 

the timing and number of moves do not 

apply when the family or a member of 

the family is or has been the victim of 

domestic violence, dating violence, or 

stalking, and the move is needed to 

protect the health or safety of the family 

or family member. 

Comment: Clarification needed for 

addressing family break-ups due to 

domestic violence. Three commenters 

asked HUD to clarify how PHAs should 

respond when violence leads to family 

break-up. The commenters suggested 

that HUD issue guidance stating that 

family break-up cannot result in an 

eviction or termination in violation of 

VAWA and that survivors of violence 

can be treated as the highest priority in 

determining continuation of housing 

assistance. Another commenter 

requested that HUD’s final rule revise 

the regulatory text on the Section 8 

voucher program’s approach to family 

breakup. The commenter suggested that 

the approach for the Section 8 voucher 

program should be broadened, by a 

cross reference, to include all types of 

violence encompassed by VAWA, 

including survivors of domestic 

violence, dating violence, or stalking. 

HUD Response: HUD is committed to 

developing and providing guidance on 

family break-up and lease bifurcation. 

The guidance will include information 

on how to add victims currently 

residing with an abuser to the lease or 

voucher. HUD agrees that its voucher 

regulations in 24 CFR part 982 should 

include domestic violence, dating 

violence, or stalking as defined by 

VAWA as an additional factor to 

consider in determining which members 

of an assisted family should continue 

receiving assistance if the family breaks 

up. This final rule has been revised at 

§ 982.315 accordingly. 

D. Lease Issues 

Comment: Bifurcation of leases. One 

commenter stated that the interim rule’s 

definition of ‘‘bifurcate’’ is not lifted 

directly from the statute. The 

commenter stated that while the 

regulatory definition goes beyond a 

merely conforming amendment, that 

doing so is in fact useful for 

implementation of VAWA 2005 

protections. The commenter stated that 

the proposed definition makes it clear to 

housing providers and Section 8 owners 

that leases can be revised to permit 

domestic violence survivors to retain 

their housing assistance, while tenancy 

rights of their abusers can be 

extinguished. 

Other commenters expressed concern 

about the efficacy of bifurcation of 

leases, because bifurcation is new and 

yet to be tested at the state level. 

However, a commenter added that the 

interim rule implements the relevant 

statutory provision properly and 

without adding any additional 

constraints on lease enforcement. Other 

commenters requested guidance on 

bifurcation that is specifically addressed 

to the voucher program. A commenter 

asked whether two vouchers will be 

issued when a lease is bifurcated and 

other families need the voucher. 

One commenter stated that because 

Federal preemption is implicit in the 

VAWA 2005 provisions on lease 

bifurcation, HUD’s final rule should 

articulate a Federal preemption to the 

extent necessary to carry out VAWA 

2005. Because bifurcation of leases is a 

new concept, the commenter 

recommended that the subject be 

described in more detail in 

nonregulatory guidance, to inform state 

courts in eviction proceedings when 

bifurcation is requested. The commenter 

suggested that the rule include 

conforming amendments reflecting the 

bifurcation concept, in 24 CFR part 966, 

which covers public housing leases and 

grievance, as well as 24 CFR part 982, 

governing the voucher program and 

other regulations where appropriate. 

HUD Response: HUD appreciates the 

concerns raised about lease bifurcation 

and preemption. With respect to 

articulation of a justification of Federal 

preemption doctrine, the preamble to 

the interim rule specifically cites the 

VAWA 2005 statutory language on this 

issue, and states that VAWA 2005 does 

not preempt an entire field of state law 

and shall not be construed to supersede 

any provisions of Federal, State, or local 

laws that provide greater protection for 

victims of abuse (section 8(c)(9)(C)(vi) of 

the Housing Act of 1937). In the 

‘‘Findings and Certifications’’ section of 

the interim rule, there is a discussion of 

Executive Order 13132, ‘‘Federalism,’’ 

which states that the November 2008 

interim rule, in so far as it incorporates 

the statutory language that provides for 

bifurcation of leases to protect victims 

of domestic violence, has only minor 

effects on the states and does not meet 

the definition of rules with ‘‘federalism 

implications.’’ Any preemptive effect of 

the bifurcation provision is limited to 

Section 8 and public housing. Moreover, 

the possible effect of the provision is 

limited to only those eviction actions 

where the tenant to be evicted has a 

valid claim of protection as a victim of 

domestic violence, dating violence, or 

stalking or where lease bifurcation is 

sought because of domestic violence, 

dating violence, or stalking. HUD’s 

November 2008 interim rule makes 

solely minor adjustments to any existing 

laws that do not offer greater protection 


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to victims of domestic violence, dating 

violence, or stalking and does not 

preempt an entire field of state law as 

is the case in circumstances in which 

preemption occurs. For those reasons, 

HUD does not believe this rule has a 

preemptive effect, as defined by the 

Executive Order on Federalism. 

With respect to issuing nonregulatory 

guidance on bifurcation of leases in 

state courts, the PHA, owner, or 

management agent bears the 

responsibility to advise the court on the 

PHA’s, owner’s, or management agent’s 

obligations as a housing provider under 

VAWA 2005 and HUD regulations. HUD 

accepts the commenter’s suggestion 

about cross-referencing 24 CFR parts 

966 and 982 to part 5. HUD agrees that 

lease bifurcation should work the same 

way in HUD’s public housing and 

voucher programs. 

With respect to the issue of whether 

two vouchers will be issued when a 

lease is bifurcated, one voucher will be 

issued to the victim. The perpetrator 

will be removed from the original 

voucher and will not receive a new 

voucher. 

Comment: VAWA protection 

provisions are needed in public housing 

leases. Commenters stated that VAWA 

2005 requires that public housing leases 

include VAWA protections regarding 

evictions. The commenters stated that 

HUD’s final rule needs to take account 

of this requirement. One commenter 

added that confidentiality language 

should be added to public housing 

leases. Commenters suggested that 24 

CFR 966.4 of HUD’s regulations, which 

pertains to lease requirements, 

incorporates the public housing lease 

requirements of VAWA 2005. 

HUD Response: HUD currently 

requires that lease provisions be 

construed to contain these protections. 

The absence of reference, in regulation 

or in leases, to the VAWA 2005 

protections does not render these 

protections inapplicable. However, 

since this rulemaking is a conforming 

rulemaking, HUD has conformed the 

regulations in 24 CFR part 5 and 24 CFR 

part 966 that govern lease and tenancy 

addendum provisions to reference the 

VAWA 2005 protections. 

Comment: Incorporate VAWA 

protections in grievance procedures. 

According to commenters, HUD’s final 

rule should incorporate amendments to 

24 CFR 966.51 that allow PHAs to 

exclude a termination action from its 

administrative grievance procedure if 

violent criminal activity arising from an 

incident of domestic violence, dating 

violence, or stalking can be excluded 

from the grievance process. The 

commenter added that the final rule 

should ensure that PHAs properly 

handle terminations involving VAWA 

2005 through a PHA’s grievance 

procedure, including proper crossreferences. 

HUD Response: The grievance 

procedures in 24 CFR 966.54 and 966.55 

address the grievance process. These 

regulations do not list or prescribe all 

items or actions that can be grieved 

under the lease. The absence of a 

prescriptive list is to provide the tenants 

with leeway as to what they choose to 

grieve. Victims of domestic violence, 

dating violence, or stalking have the 

same access that other public housing 

tenants have to the grievance process. 

Accordingly, it is not necessary to 

incorporate the VAWA 2005 protections 

in these regulatory sections. 

Comment: VAWA protections need to 

be applicable to admissions and 

voucher terminations. Commenters 

stated that the portion of HUD’s interim 

rule that prohibits, consistent with 

VAWA, a PHA, owner, or management 

agent from applying a ‘‘more demanding 

standard’’ to evict or terminate tenancy 

of a victim of domestic violence, than 

that to which other tenants are 

subjected, should be revised to cover 

Section 8 voucher terminations. Other 

commenters stated HUD’s rule 

addresses VAWA protections regarding 

termination of tenancy and evictions but 

omits VAWA protections regarding 

admissions and voucher terminations. 

The commenters urged that 24 CFR 

5.2005(b) be revised to include VAWA 

protections regarding admissions and 

voucher terminations. Commenters also 

urged HUD to amend 24 CFR 5.2005(c), 

because it fails to reflect that vouchers 

can be bifurcated. 

HUD Response: HUD has considered 

the comments and agrees to revise 24 

CFR 5.2005(b) [§ 5.2005(d) in the 

reorganized regulation of this final rule] 

to clarify the prohibition regarding the 

use of a ‘‘more demanding standard’’ 

with respect to Section 8 voucher 

terminations. To that end, § 5.2005(d) 

has been revised to include the phrase 

‘‘terminate assistance’’ after the phrase 

‘‘evict a tenant,’’ in order to clarify 

coverage of tenants with Section 8 

vouchers. HUD has also revised 24 CFR 

5.2005(c) [§ 5.2009(a) in the reorganized 

regulation of this final rule], pertaining 

to lease bifurcation, to clarify that the 

range of HUD programs covered by the 

VAWA 2005 protections are the public 

housing, Section 8 HCV, and Section 8 

project-based programs. 

Comment: Permit termination of a 

household member who commits 

criminal acts of violence, while 

continuing Section 8 assistance to the 

victim. One commenter stated that 

HUD’s rule does not include the 

language of VAWA 2005 that allows for 

termination of a household member 

who commits criminal acts of violence, 

while the victim of the violence 

continues to receive Section 8 

assistance. According to the commenter, 

the preamble to HUD’s interim rule was 

clear on the issue, but the regulatory 

text is not clear. Another commenter 

stated that HUD’s rule omits VAWA 

2005 provisions regarding termination 

of voucher assistance for household 

members who commit criminal acts of 

violence. 

HUD Response: HUD believes its rule 

satisfactorily addresses the issues raised 

by the commenters pertaining to VAWA 

protection in the case of family breakup due to violence. Specifically, in 

§ 982.553, the rule dictates that the 

victim protections under 24 CFR part 5, 

subpart L apply to cases of criminal 

activity related to domestic violence, 

dating violence, or stalking. In the 

reorganized regulation, 24 CFR 

5.2005(c)(2) provides that victims of 

domestic violence, dating violence, or 

stalking shall not be terminated from 

assistance due to criminal activity 

directly related to domestic violence, 

dating violence, or stalking engaged in 

by a member of the victim’s household, 

guest, or other person under the victim’s 

control. Section 982.315 has also been 

amended to explicitly reflect the 

protections available under VAWA 

pertaining to retention of assistance by 

the victim in cases of family break-up 

resulting from domestic violence, dating 

violence, or stalking. In such a family 

break-up, the victim protected under 

VAWA must retain voucher assistance. 

Comment: Denial of assistance for 

criminal activity. According to a 

commenter, HUD’s final rule must 

include the amendment to 24 CFR 

982.553 that addresses denial of 

assistance for criminal activity. 

According to the commenter, applicants 

who have survived domestic violence, 

dating violence, or stalking should not 

be denied assistance in cases of criminal 

history where that history is related to 

self-defense or coercion or mutual 

arrests that are common in domestic 

violence situations. 

HUD Response: HUD agrees that 

victims of domestic violence, dating 

violence, or stalking must not be denied 

assistance or terminated from programs 

based solely on a criminal history 

related to domestic violence, dating 

violence, or stalking, and believes its 

regulation is clear on this issue. HUD’s 

interim rule provides in paragraph (e) of 

§ 982.553, which pertains to denial of 

admission and termination of assistance 

for criminals and alcohol abusers, that 


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the protections for victims covered by 

the regulations in 24 CFR part 5, subpart 

L apply in cases of criminal activity 

related to domestic violence, dating 

violence, or stalking. 

Comment: Guidance is needed on 

termination of assistance in HCV 

program. One commenter stated that 

PHAs should have the authority to 

terminate assistance to abusers, while 

protecting victims. The commenter 

urged HUD to provide more guidance on 

how to administer such terminations. 

The commenter raised several questions 

seeking HUD’s input through guidance, 

including whether HUD will expect 

PHAs to complete a household 

recertification if the family loses one of 

its members; procedures a PHA should 

follow if, as a result of termination, a 

family becomes over-housed; and 

whether a PHA may wait until the next 

recertification to determine a new 

standard payment amount if the family 

loses one of its members due to a 

termination under VAWA 2005. The 

commenter encouraged HUD to issue 

guidance on how to handle the loss of 

a family member under the VAWA 2005 

provisions. 

HUD Response: HUD is developing 

guidance on this and other issues. Until 

such guidance is issued, PHAs should 

continue to follow existing regulations 

and the written PHA policies in place 

for managing moves, terminations, and 

changes in family size due to 

implementation of VAWA 2005. 

E. Enforcement and Oversight 

Comment: Guidelines needed for 

VAWA enforcement and oversight. Two 

commenters offered guidelines for the 

enforcement of VAWA 2005 protections, 

including delegations of authority to 

HUD’s Office of Fair Housing and Equal 

Opportunity (FHEO) to receive and 

investigate complaints, and the holding 

of informal hearings. Another 

commenter stated that explicit 

guidelines for enforcement of VAWA 

2005 provisions should be established. 

HUD Response: HUD appreciates the 

interest in ensuring the effective 

enforcement of VAWA 2005, but HUD 

has the requisite authority to enforce the 

VAWA 2005 protections. 

Comment: Guidelines needed for the 

content of notices pertaining to VAWA 

rights and obligations. Commenters 

stated that HUD’s interim rule, like 

VAWA 2005, requires that housing 

providers give notice to tenants of rights 

under VAWA 2005, but that HUD’s rule 

fails to instruct PHAs, owners, or 

management agents on compliance with 

the notice requirement. The commenters 

stated that victims of domestic violence 

cannot ask for protections they do not 

know about. The commenters stated that 

HUD’s final rule must not only require 

notice, but must explain how to give 

notice. Commenters asked HUD, in 

elaborating on this statutory 

requirement, to clarify the frequency of 

notifications and specify how often 

residents and landlords be notified of 

their rights and obligations. One 

commenter stated that any guidance 

HUD provides on this issue should 

include guidelines for making notices 

accessible to tenants with disabilities 

and to those with limited English 

proficiency. Another commenter added 

that consistency is important and that 

HUD should provide a standard 

notification to be sent to all parties 

rather than ask PHAs, owners, or 

management agents to interpret the 

requirements. In contrast to these 

comments, one commenter stated that 

HUD’s restraint in elaborating on this 

statutory requirement is appropriate 

because PHAs and other housing 

providers have procedures in place to 

notify applicants and residents of 

regulatory changes. 

HUD Response: HUD agrees with the 

commenters that consistency is 

important on this issue. While HUD 

does not want to limit any flexibility 

that housing providers have with 

respect to this issue, HUD believes this 

is an area in which further guidance 

from HUD, outlining the core content of 

the notice, among other things, would 

be helpful to housing providers and 

ensure their compliance with this 

notification requirement. Providers 

must also ensure that various notices 

and other communications comply with 

the applicable requirements of 24 CFR 

8.6 with regard to persons with 

disabilities, and provide meaningful 

access to persons with limited English 

Proficiency; see Executive Order 13166, 

‘‘Improving Access to Services for 

Persons with Limited English 

Proficiency (LEP)’’ and HUD’s Final 

Guidance to Federal Financial 

Assistance Recipients Regarding Title VI 

Prohibition Against National Origin 

Discrimination Affecting Limited 

English Proficient Persons (72 FR 2732). 

HUD notes that PIH Notice 2006–42 

suggested that PHAs make the 

certification form available to all eligible 

families at the time of admission. Also, 

in the event of a termination or start of 

an eviction proceeding, PHAs may 

enclose the form with the appropriate 

notice and direct the family to complete, 

sign, and return the form (if applicable) 

by a specified date. PHAs could also 

include language discussing the VAWA 

protections in the termination/eviction 

notice and request that a tenant come 

into the office to pick up the form, or 

request another means to receive the 

form if needed as a reasonable 

accommodation for a person with a 

disability, if the tenant believes the 

VAWA protections apply. 

In addition, Notice H 08–07, which 

has been extended by Notice H 09–15, 

suggests that owners and management 

agents of project-based Section 8 

properties integrate VAWA policies and 

protections into their Tenant Selection 

Plans and/or House Rules. This notice 

also encourages owners and 

management agents to establish policies 

that support or assist affected families 

and prevent the loss of HUD-assisted 

housing as a consequence of domestic 

violence, dating violence, or stalking. 

This notice suggests that owners and 

management agents make the 

certification form available to all eligible 

families at the time of admission, and/ 

or they may enclose the certification in 

the appropriate notice to the family in 

the event of a termination or start of an 

eviction. Finally, this notice requires 

owners and management agents to 

attach the HUD-approved Lease 

Addendum, form HUD–91067, which 

includes the VAWA provisions, to each 

existing or new lease. 

Comment: Compliance with VAWA 

should be included in the annual, 5- 

year, and consolidated plan. One 

commenter asked if PHAs are required 

to offer the activities, services, or 

programs described in the new annual 

plan requirements for PHAs. Another 

commenter asked if PHAs have any 

affirmative obligations to victims of 

domestic violence under VAWA 2005. 

One commenter stated support for how 

HUD’s rule appears to bring the PHA 

annual and 5-year plan requirements 

into conformance with VAWA 2005, 

while not imposing any additional 

requirements. Two commenters stated 

that the provision for inclusion of 

VAWA 2005 implementation and all 

related activities in the annual, 5-year, 

and consolidated plans should be 

explicit. 

HUD Response: HUD is currently 

reviewing PHA planning requirements 

and will take these issues into 

consideration in the context of that 

review. 

V. Findings and Certifications 

Executive Order 12866, Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) reviewed this proposed rule 

under Executive Order 12866 (entitled 

‘‘Regulatory Planning and Review’’). A 

determination was made that this 

proposed rule is a ‘‘significant regulatory 

action,’’ as defined in section 3(f) of the 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 66257 

Order (although not economically 

significant, as provided in section 3(f)(1) 

of the Order). The docket file is 

available for public inspection 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 

Regulation Division at 202–402–3055 

(this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 800–877– 

8339. 

Paperwork Reduction Act 

The information collection 

requirements contained in 24 CFR part 

5, subpart L that are applicable to PHAs 

have been approved by OMB in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520) and assigned OMB Control 

Number 2577–0249. The information 

collection requirements contained in 24 

CFR part 5, subpart L that are applicable 

to owners and management agents have 

been approved by OMB in accordance 

with the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520) and 

assigned OMB Control Number 2502– 

0204. 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 control number. 

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 final rule, 

which reaffirms and makes minor 

changes to the November 28, 2008, 

interim rule, applies to PHAs, owners, 

and management agents. This VAWA 

rulemaking has been limited to 

amending HUD’s regulations, by 

incorporating statutory requirements 

that are already applicable to PHAs, 

owners, and management agents, due to 

their being self-implementing statutory 

provisions. Accordingly, this rule will 

not have a significant economic effect 

on a substantial number of small 

entities. 

Environmental Impact 

This rule involves a policy document 

that, with the exception of the 

amendments to 24 CFR part 903, sets 

out nondiscrimination standards. The 

amendments to 24 CFR part 903 do not 

direct, provide for assistance or loan 

and mortgage insurance for, or 

otherwise govern or regulate, real 

property acquisition, disposition, 

leasing, rehabilitation, alteration, 

demolition, or new construction, or 

establish, revise, or provide for 

standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(3) and (1), 

respectively, this rule is categorically 

excluded from environmental review 

under the National Environmental 

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

Executive Order 13132, Federalism 

Section 6(c) of Executive Order 13132 

(entitled ‘‘Federalism’’) requires an 

agency that is publishing a regulation 

that has federalism implications and 

that preempts state law to follow certain 

procedures. Regulations that have 

federalism implications, according to 

section 1(a) of the Order, are those that 

have ‘‘substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government.’’ 

This final rule, which reaffirms the 

November 28, 2008, interim rule and 

makes only minor changes to the 

interim rule, incorporates the statutory 

language that provides for bifurcation of 

leases to protect victims of domestic 

violence, dating violence, or stalking, 

notwithstanding state law. In addition, 

the final rule, consistent with statute, 

provides that incidents of, or criminal 

acts connected to domestic violence, 

dating violence, or stalking cannot be 

the basis for termination of assistance or 

tenancy. 

As stated in the interim rule, HUD 

finds that this statutory provision has 

only minor effects on the states and, 

therefore, this rule, by incorporating this 

provision in HUD’s regulations, does 

not meet the definition of rules with 

‘‘federalism implications.’’ First, any 

preemptive effect of this provision is 

limited to Section 8 and public housing, 

which together represent only a small 

portion of the total housing market. 

Second, the possible effect appears 

limited to only those eviction actions 

where the tenant to be evicted has a 

valid claim of protection as a victim of 

domestic violence, dating violence, or 

stalking, or where lease bifurcation is 

sought because of domestic violence, 

dating violence, or stalking. The rule 

does not, for example, involve the 

preemption of a whole field of state law 

as is the case in other situations in 

which preemption occurs, but rather 

merely requires a small adjustment to 

any existing laws that do not already 

offer greater protection to victims of 

domestic violence, dating violence, or 

stalking. Therefore, HUD has 

determined that this rule, by directly 

incorporating the statutory provision on 

bifurcation of lease, will not have 

substantial direct effects on states or 

their political subdivisions, on the 

relationship between the Federal 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and would not 

impose substantial direct compliance 

costs on state and local governments or 

preempt state law within the meaning of 

the Executive Order. 

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 interim 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: 14.195, 14.850, 14.856, and 

14.871. 

List of Subjects 

24 CFR Part 5 

Administrative practice and 

procedure, Aged, Claims, Drug abuse, 

Drug traffic control, Grant programs— 

housing and community development, 

Grant programs—Indians, Individuals 

with disabilities, Loan programs— 

housing and community development, 

Low and moderate income housing, 

Mortgage insurance, Pets, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements. 

24 CFR Part 91 

Grant programs—housing and 

community development, Low- and 

moderate-income housing, Reporting 

and recordkeeping requirements. 

24 CFR Part 880 

Grant programs—housing and 

community development, Loan 


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66258 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

programs—housing and community 

development, Low and moderate 

income housing, Rent subsidies. 

24 CFR Part 882 

Grant programs—housing and 

community development, Housing, 

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, Capital advance programs, Civil 

rights, Grant programs—housing and 

community development, Individuals 

with disabilities, Loan programs— 

housing and community development, 

Low- and moderate-income housing, 

Mental health programs, Rent subsidies, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 903 

Grant programs, Civil rights, Public 

housing agency plans, Public housing. 

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, Housing, 

Low- and moderate-income housing, 

Rent subsidies, Reporting and 

recordkeeping requirements. 

24 CFR Part 983 

Grant programs—housing and 

community development, Housing, 

Low- and moderate-income housing, 

Rent subsidies, Reporting and 

recordkeeping requirements. 

■ Accordingly, for the reasons stated in 

the preamble, HUD amends 24 CFR 

parts 5, 880, 882, 883, 884, 886, 891, 

903, 960, 966, 982, and 983, as follows. 

PART 5—GENERAL HUD PROGRAM 

REQUIREMENTS; WAIVERS 

■ 1. The authority citation for part 5 is 

revised to read as follows: 

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

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

115, 119 Stat. 2936, and Sec. 607, Pub. L. 

109–162, 119 Stat. 3051. 

■ 2. Revise subpart L to read as follows: 

Subpart L—Protection for Victims of 

Domestic Violence, Dating Violence, or 

Stalking in Public and Section 8 Housing 

Sec. 

5.2001 Applicability. 

5.2003 Definitions. 

5.2005 VAWA protections. 

5.2007 Documenting the occurrence of 

domestic violence, dating violence, or 

stalking. 

5.2009 Remedies available to victims of 

domestic violence, dating violence, or 

stalking in HUD-assisted housing. 

5.20011 Effect on other laws. 

Subpart L—Protection for Victims of 

Domestic Violence, Dating Violence, or 

Stalking in Public and Section 8 

Housing 

§ 5.2001 Applicability. 

This subpart addresses the protections 

for victims of domestic violence, dating 

violence, or stalking residing in public 

and Section 8 housing, as provided in 

the 1937 Act, as amended by the 

Violence Against Women Act (VAWA) 

(42 U.S.C. 1437f and 42 U.S.C. 1437d). 

This subpart applies to the Housing 

Choice Voucher program under 24 CFR 

part 982, the project-based voucher and 

certificate programs under 24 CFR part 

983, the public housing admission and 

occupancy requirements under 24 CFR 

part 960, and renewed funding or leases 

of the Section 8 project-based program 

under 24 CFR parts 880, 882, 883, 884, 

886, and 891. 

§ 5.2003 Definitions. 

The definitions of 1937 Act, PHA, 

HUD, household, responsible entity, and 

other person under the tenant’s control 

are defined in subpart A of this part. As 

used in this subpart L: 

Bifurcate means, with respect to a 

public housing or a Section 8 lease, to 

divide a lease as a matter of law such 

that certain tenants can be evicted or 

removed while the remaining family 

members’ lease and occupancy rights 

are allowed to remain intact. 

Dating violence means violence 

committed by a person: 

(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 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, 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. 

Immediate family member means, 

with respect to a person: 

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

or child of that person, or an individual 

to whom that person stands in loco 

parentis; or 

(2) Any other person living in the 

household of that person and related to 

that person by blood or marriage. 

Stalking means: 

(1)(i) To follow, pursue, or repeatedly 

commit acts with the intent to kill, 

injure, harass, or intimidate another 

person; or 

(ii) To place under surveillance with 

the intent to kill, injure, harass, or 

intimidate another person; and 

(2) In the course of, or as a result of, 

such following, pursuit, surveillance, or 

repeatedly committed acts, to place a 

person in reasonable fear of the death of, 

or serious bodily injury to, or to cause 

substantial emotional harm to 

(i) That person, 

(ii) A member of the immediate family 

of that person, or 

(iii) The spouse or intimate partner of 

that person. 

VAWA means the Violence Against 

Women and Department of Justice 

Reauthorization Act of 2005 (Pub. L. 

109–162, approved August 28, 2006), as 

amended by the U.S. Housing Act of 

1937 (42 U.S.C. 1437d and 42 U.S. 

1437f). 

§ 5.2005 VAWA protections. 

(a) Notice of VAWA protections. (1) 

PHAs must provide notice to public 

housing and Section 8 tenants of their 

rights under VAWA and this subpart, 


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including the right to confidentiality 

and the exceptions; and 

(2) PHAs must provide notice to 

owners and management agents of 

assisted housing, of their rights and 

obligations under VAWA and this 

subpart; and 

(3) Owners and management agents of 

assisted housing administering an Office 

of Housing project-based Section 8 

program must provide notice to Section 

8 tenants of their rights and obligations 

under VAWA and this subpart. 

(4) The HUD-required lease, lease 

addendum, or tenancy addendum, as 

applicable, must include a description 

of specific protections afforded to the 

victims of domestic violence, dating 

violence, or stalking, as provided in this 

subpart. 

(b) Applicants. Admission to the 

program shall not be denied on the basis 

that the applicant is or has been a victim 

of domestic violence, dating violence, or 

stalking, if the applicant otherwise 

qualifies for assistance or admission. 

(c) Tenants—(1) Domestic violence, 

dating violence, or stalking. An incident 

or incidents of actual or threatened 

domestic violence, dating violence, 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, or 

stalking, or as good cause to terminate 

the tenancy of, occupancy rights of, or 

assistance to the victim. 

(2) Criminal activity related to 

domestic violence, dating violence, or 

stalking. Criminal activity directly 

related to domestic violence, dating 

violence, 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 of, occupancy 

rights of, or assistance to the victim, if 

the tenant or immediate family member 

of the tenant is the victim. 

(d) Limitations of VAWA protections. 

(1) Nothing in this section limits the 

authority of the PHA, owner, or 

management agent to evict a tenant or 

terminate assistance for a lease violation 

unrelated to domestic violence, dating 

violence, or stalking, provided that the 

PHA, owner, or management agent does 

not subject such a tenant to a more 

demanding standard than other tenants 

in making the determination whether to 

evict, or to terminate assistance or 

occupancy rights; 

(2) Nothing in this section may be 

construed to limit the authority of a 

PHA, owner, or management agent to 

evict or terminate assistance to any 

tenant or lawful occupant if the PHA, 

owner, or management agent can 

demonstrate an actual and imminent 

threat to other tenants or those 

employed at or providing service to the 

public housing or Section 8 assisted 

property if that tenant or lawful 

occupant is not terminated from 

assistance. In this context, words, 

gestures, actions, or other indicators 

will be considered an ‘‘actual imminent 

threat’’ if they meet the standards 

provided in paragraph (e) of this 

section. 

(3) Any eviction or termination of 

assistance, as provided in paragraph 

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

by a PHA, owner, or management agent 

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) Actual and imminent threat. An 

actual and imminent threat consists of 

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 an 

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. 

§ 5.2007 Documenting the occurrence of 

domestic violence, dating violence, or 

stalking. 

(a) Request for documentation. A 

PHA, owner, or management agent 

presented with a claim for continued or 

initial tenancy or assistance based on 

status as a victim of domestic violence, 

dating violence, stalking, or criminal 

activity related to domestic violence, 

dating violence, or stalking may request 

that the individual making the claim 

document the abuse. The request for 

documentation must be in writing. The 

PHA, owner, or management agent may 

require submission of documentation 

within 14 business days after the date 

that the individual received the request 

for documentation. However, the PHA, 

owner, or management agent may 

extend this time period at its discretion. 

(b) Forms of documentation. The 

documentation required under this 

section: 

(1) May consist of a HUD-approved 

certification form indicating that the 

individual is a victim of domestic 

violence, dating violence, or stalking, 

and that the incident or incidents in 

question are bona fide incidents of such 

actual or threatened abuse. Such 

certification must include the name of 

the perpetrator, and may be based solely 

on the personal signed attestation of the 

victim; or 

(2) May consist of a Federal, State, 

tribal, territorial, or local police report 

or court record; or 

(3) May consist of documentation 

signed by an employee, agent, or 

volunteer of a victim service provider, 

an attorney, or medical professional, 

from whom the victim has sought 

assistance in addressing domestic 

violence, dating violence, or stalking, or 

the effects of abuse, in which the 

professional attests under penalty of 

perjury under 28 U.S.C. 1746 to the 

professional’s belief that the incident or 

incidents in question are bona fide 

incidents of abuse, and the victim of 

domestic violence, dating violence, or 

stalking has signed or attested to the 

documentation; and 

(4) Shall be kept confidential by the 

PHA, owner, or management agent. The 

PHA, owner, or management agent shall 

not: 

(i) Enter the information contained in 

the documentation into any shared 

database; 

(ii) Allow employees of the PHA, 

owner, or management agent, or those 

within their employ (e.g., contractors) to 

have access to such information unless 

explicitly authorized by the PHA, 

owner, or management agent for reasons 

that specifically call for these employees 

or those within their employ to have 

access to this information; and 

(iii) Disclose this information to any 

other entity or individual, except to the 

extent that disclosure is: 

(A) Requested or consented to by the 

individual making the documentation, 

in writing; 

(B) Required for use in an eviction 

proceeding, or 

(C) Otherwise required by applicable 

law. 

(c) Failure to provide documentation. 

In order to deny relief for protection 

under VAWA, a PHA, owner, or 

management agent must provide the 

individual with a written request for 

documentation of the abuse. If the 

individual fails to provide the 

documentation within 14 business days 

from the date of receipt of the PHA’s, 

owner’s, or management agent’s written 

request, or such longer time as the PHA, 

owner, or management agent at their 

discretion may allow, VAWA 


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protections do not limit the authority of 

the PHA, owner, or management agent 

to evict or terminate assistance of the 

tenant or a family member for violations 

of the lease or family obligations that 

otherwise would constitute good cause 

to evict or grounds for termination. The 

14-business day window for submission 

of documentation does not begin until 

the individual receives the written 

request. The PHA, owner, or 

management agency has discretionary 

authority to extend the statutory 14-day 

period. 

(d) Discretion to provide relief. At its 

discretion, a PHA, owner, or 

management agent may provide benefits 

to an individual based solely on the 

individual’s verbal statement or other 

corroborating evidence. A PHA’s, 

owner’s, or management agent’s 

compliance with this section, whether 

based solely on the individual’s verbal 

statements or other corroborating 

evidence, shall not alone be sufficient to 

constitute evidence of an unreasonable 

act or omission by a PHA, PHA 

employee, owner, or employee or agent 

of the owner. Nothing in this 

subparagraph shall be construed to limit 

liability for failure to comply with the 

requirements of 24 CFR part 5. 

(e) Response to conflicting 

certification. In cases where the PHA, 

owner, or management agent receives 

conflicting certification documents 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, 

a PHA, owner, or management agent 

may determine which is the true victim 

by requiring third-party documentation 

as described in this section and in 

accordance with any HUD guidance as 

to how such determinations will be 

made. A PHA, owner, or management 

agent shall honor any court orders 

addressing rights of access or control of 

the property, including civil protection 

orders issued to protect the victim and 

issued to address the distribution or 

possession of property among the 

household. 

§ 5.2009 Remedies available to victims of 

domestic violence, dating violence, or 

stalking in HUD-assisted housing. 

(a) Lease bifurcation. Notwithstanding 

any Federal, State, or local law to the 

contrary, a PHA, owner, or management 

agent may bifurcate a lease, or remove 

a household member from a lease 

without regard to whether the 

household member is a signatory to the 

lease, in order to evict, remove, 

terminate occupancy rights, or terminate 

assistance to any tenant or lawful 

occupant who engages in criminal acts 

of physical violence against family 

members or others, without evicting, 

removing, terminating assistance to, or 

otherwise penalizing the victim of such 

violence who is a tenant or lawful 

occupant. Such eviction, removal, 

termination of occupancy rights, or 

termination of assistance shall be 

effected in accordance with the 

procedures prescribed by Federal, State, 

or local law for termination of assistance 

or leases under the relevant public 

housing, Section 8 Housing Choice 

Voucher, and Section 8 project-based 

programs. 

(b) Court orders. Nothing in this 

subpart may be construed to limit the 

authority of a PHA, owner, or 

management agent, when notified, to 

honor court orders addressing rights of 

access to or control of the property, 

including civil protection orders issued 

to protect the victim and to address the 

distribution of property among 

household members in a case where a 

family breaks up. 

§ 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, or stalking. 

PART 91—CONSOLIDATED 

SUBMISSIONS FOR COMMUNITY 

PLANNING AND DEVELOPMENT 

PROGRAMS 

■ 3. The authority citation for part 91 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d), 3601–3619, 

5301–5315, 11331–11388, 12701–12711, 

12741–12756, and 12901–12912. 

■ 4. Amend § 91.205 to revise the first 

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

follows: 

§ 91.205 Housing and homeless needs 

assessment. 

* * * * * 

(b) * * * 

(1) The plan shall estimate the 

number and type of families in need of 

housing assistance for extremely lowincome, low-income, moderate-income, 

and middle-income families, for renters 

and owners, for elderly persons, for 

single persons, for large families, for 

public housing residents, for families on 

the public housing and section 8 tenantbased waiting lists, for persons with 

HIV/AIDS and their families, for victims 

of domestic violence, dating violence, 

sexual assault, and stalking, and for 

persons with disabilities. * * * 

* * * * * 

■ 5. Amend § 91.305 to revise the first 

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

follows: 

§ 91.305 Housing and homeless needs 

assessment. 

* * * * * 

(b) * * * 

(1) The plan shall estimate the 

number and type of families in need of 

housing assistance for extremely lowincome, low-income, moderate-income, 

and middle-income families, for renters 

and owners, for elderly persons, for 

single persons, for large families, for 

persons with HIV/AIDS and their 

families, for victims of domestic 

violence, dating violence, sexual 

assault, and stalking, and for persons 

with disabilities. * * * 

* * * * * 

PART 880–SECTION 8 HOUSING 

ASSISTANCE PAYMENT PROGRAM 

FOR NEW CONSTRUCTION 

■ 6. 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. 

■ 7. Amend § 880.504 to revise 

paragraph (f) to read as follows: 

§ 880.504 Leasing to eligible families. 

* * * * * 

(f) Subpart L of 24 CFR part 5 applies 

to selection of tenants and occupancy 

requirements in cases where there is 

involved or claimed to be involved 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

or stalking. 

■ 8. Amend § 880.607 to revise 

paragraph (c)(5) to read as follows: 

§ 880.607 Termination of tenancy and 

modification of lease. 

* * * * * 

(c) * * * 

(5) In actions or potential actions to 

terminate tenancy, the Owner shall 

follow 24 CFR part 5, subpart L, in all 

cases where domestic violence, dating 

violence, stalking, or criminal activity 

directly related to domestic violence, 

dating violence, or stalking is involved 

or claimed to be involved. 

* * * * * 

PART 882—SECTION 8 MODERATE 

REHABILITATION PROGRAMS 

■ 9. The authority citation for part 882 

continues to read as follows: 

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

■ 10. Revise § 882.407 to read as 

follows: 


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§ 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, or 

stalking in 24 CFR part 5, subpart L. 

■ 11. Amend § 882.511 to revise 

paragraph (g) to read as follows: 

§ 882.511 Lease and termination of 

tenancy. 

* * * * * 

(g) In actions or potential actions to 

terminate tenancy, the Owner shall 

follow 24 CFR part 5, subpart L, in all 

cases where domestic violence, dating 

violence, or stalking, or criminal activity 

directly related to domestic violence, 

dating violence, or stalking is involved 

or claimed to be involved. 

■ 12. Amend § 882.514 by removing the 

third sentence of paragraph (c) and 

adding two sentences in its place to read 

as follows: 

§ 882.514 Family participation. 

* * * * * 

(c) Owner selection of families. * * * 

Since the Owner is responsible for 

tenant selection, the Owner may refuse 

any family, provided that the Owner 

does not unlawfully discriminate. 

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, or 

stalking, if the applicant otherwise 

qualifies for assistance or admission. 

* * * * * 

PART 883—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS 

PROGRAMS—STATE HOUSING 

AGENCIES 

■ 13. The authority citation for part 883 

continues to read as follows: 

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

3535(d), and 13611–13619. 

■ 14. Revise § 883.605 to read as 

follows: 

§ 883.605 Leasing to eligible families. 

The provisions of 24 CFR 880.504, 

including subpart L of 24 CFR part 5 

pertaining to the selection of tenants 

and occupancy requirements in cases 

where there is involved or claimed to be 

involved incidents of, or criminal 

activity related to, domestic violence, 

dating violence, or stalking apply, 

subject to the requirements of § 883.105. 

PART 884—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS PROGRAM, 

NEW CONSTRUCTION SET-ASIDE FOR 

SECTION 515 RURAL RENTAL 

HOUSING PROJECTS 

■ 15. The authority citation for part 884 

continues to read as follows: 

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

3535(d), and 13611–13619. 

■ 16. Amend § 884.216 to revise 

paragraph (c) to read as follows: 

§ 884.216 Termination of tenancy. 

* * * * * 

(c) In actions or potential actions to 

terminate tenancy, the Owner shall 

follow 24 CFR part 5, subpart L in all 

cases where domestic violence, dating 

violence, stalking, or criminal activity 

directly related to domestic violence, 

dating violence, or stalking is involved 

or claimed to be involved. 

■ 17. Amend § 884.223 to revise 

paragraph (f) to read as follows: 

§ 884.223 Leasing to eligible families. 

* * * * * 

(f) Subpart L of 24 CFR part 5 applies 

to selection of tenants and occupancy 

requirements in cases where there is 

involved or claimed to be involved 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

or stalking. 

PART 886—SECTION 8 HOUSING 

ASSISTANCE PAYMENTS 

PROGRAM—SPECIAL ALLOCATIONS 

■ 18. The authority citation for part 886 

continues to read as follows: 

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

3535(d), and 13611–13619. 

■ 19. Revise § 886.128 to read as 

follows: 

§ 886.128 Termination of tenancy. 

Part 247 of this title (24 CFR part 247) 

applies to the termination of tenancy 

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, stalking, or criminal 

activity directly relating to such 

violence, the provisions of 24 CFR part 

5, subpart L, 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. 

■ 20. Revise § 886.132 to read as 

follows: 

§ 886.132 Tenant selection. 

Subpart F of 24 CFR part 5 governs 

selection of tenants and occupancy 

requirements applicable under this 

subpart A of part 886. Subpart L of 24 

CFR part 5 applies to selection of 

tenants and occupancy requirements in 

cases where there is involved or claimed 

to be involved incidents of, or criminal 

activity related to, domestic violence, 

dating violence, or stalking. 

■ 21. Revise § 886.328 to read as 

follows: 

§ 886.328 Termination of tenancy. 

Part 247 of this title (24 CFR part 247) 

applies to the termination of tenancy 

and eviction of a family assisted under 

this subpart. For cases involving 

termination of tenancy because of a 

failure to establish citizenship or 

eligible immigration status, the 

procedures of 24 CFR part 247 and 24 

CFR part 5 shall apply. For cases 

involving, or allegedly involving, 

domestic violence, dating violence, 

stalking, or criminal activity directly 

relating to such violence, the provisions 

of 24 CFR part 5, subpart L, 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. 

■ 22. Amend § 886.329 to revise 

paragraph (f) to read as follows: 

§ 886.329 Leasing to eligible families. 

* * * * * 

(f) Subpart L of 24 CFR part 5 applies 

to selection of tenants and occupancy 

requirements in cases where there is 

involved or claimed to be involved 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

or stalking. 

PART 891—SUPPORTIVE HOUSING 

FOR THE ELDERLY AND PERSONS 

WITH DISABILITIES 

■ 23. 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. 


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■ 24. Amend § 891.575 to revise 

paragraph (f) to read as follows: 

§ 891.575 Leasing to eligible families. 

* * * * * 

(f) Subpart L of 24 CFR part 5 applies 

to selection of tenants and occupancy 

requirements in cases where there is 

involved or claimed to be involved 

incidents of, or criminal activity related 

to, domestic violence, dating violence, 

or stalking. 

■ 25. Revise § 891.610(c) to read as 

follows: 

§ 891.610 Selection and admission of 

tenants. 

* * * * * 

(c) Determination of eligibility and 

selection of tenants. The Borrower is 

responsible for determining whether 

applicants are eligible for admission and 

for selection of families. To be eligible 

for admission, an applicant must be an 

elderly or handicapped family as 

defined in § 891.505; meet any project 

occupancy requirements approved by 

HUD; meet the disclosure and 

verification requirement for Social 

Security Numbers and sign and submit 

consent forms for obtaining of 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, 

dating violence, stalking, or criminal 

activity directly relating to such 

violence, the provisions of 24 CFR part 

5, subpart L, apply. 

* * * * * 

■ 26. Amend § 891.630 to revise 

paragraph (c) to read as follows: 

§ 891.630 Denial of admission, termination 

of tenancy, and modification of lease. 

* * * * * 

(c) In actions or potential actions to 

terminate tenancy, the Owner shall 

follow 24 CFR part 5, subpart L, in all 

cases where domestic violence, dating 

violence, stalking, or criminal activity 

directly related to domestic violence, 

dating violence, or stalking is involved 

or claimed to be involved. 

PART 903—PUBLIC HOUSING 

AGENCY PLANS 

■ 27. The authority citation for part 903 

continues to read as follows: 

Authority: 42 U.S.C. 1437c; 42 U.S.C. 

3535(d). 

■ 28. Amend § 903.6 to revise paragraph 

(a)(3) to read as follows: 

§ 903.6 What information must a PHA 

provide in the 5–Year Plan? 

(a) * * * 

(3) A statement about goals, activities, 

objectives, policies, or programs that 

will enable a PHA to serve the needs of 

child and adult victims of domestic 

violence, dating violence, sexual 

assault, or stalking. 

* * * * * 

■ 29. Amend § 903.7 to revise paragraph 

(m)(5) to read as follows: 

§ 903.7 What information must a PHA 

provide in an annual plan? 

* * * * * 

(m) * * * 

(5) A statement of any domestic 

violence, dating violence, sexual 

assault, and stalking prevention 

programs: 

(i) A description of any activities, 

services, or programs provided or 

offered by an agency, either directly or 

in partnership with other service 

providers, to child or adult victims of 

domestic violence, dating violence, 

sexual assault, or stalking; 

(ii) Any activities, services, or 

programs provided or offered by a PHA 

that help child and adult victims of 

domestic violence, dating violence, 

sexual assault, or stalking to obtain or 

maintain housing; and 

(iii) Any activities, services, or 

programs provided or offered by a PHA 

to prevent domestic violence, dating 

violence, sexual assault, or stalking, or 

to enhance victim safety in assisted 

families. 

* * * * * 

PART 960—ADMISSION TO, AND 

OCCUPANCY OF, PUBLIC HOUSING 

■ 30. 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). 

■ 31. Amend § 960.103 to revise the 

section heading and paragraph (d) to 

read as follows: 

§ 960.103 Equal opportunity requirements 

and protection for victims of domestic 

violence, dating violence, or stalking. 

* * * * * 

(d) Protection for victims of domestic 

violence, dating violence, or stalking. 

The PHA must apply 24 CFR part 5, 

subpart L in all applicable cases where 

there is involved or claimed to be 

involved incidents of, or criminal 

activity related to, domestic violence, 

dating violence, or stalking. 

■ 32. Amend § 960.200 to revise 

paragraph (b)(8) to read as follows: 

§ 960.200 Purpose. 

* * * * * 

(b) * * * 

(8) Protection for victims of domestic 

violence, dating violence, or stalking, 24 

CFR part 5, subpart L. 

■ 33. Amend § 960.203 to revise 

paragraph (c)(4) to read as follows: 

§ 960.203 Standards for PHA tenant 

selection criteria. 

* * * * * 

(c) * * * 

(4) PHA tenant selection criteria are 

subject to 24 CFR part 5, subpart L, 

protections for victims of domestic 

violence, dating violence, or stalking. 

* * * * * 

PART 966—PUBLIC HOUSING LEASE 

AND GRIEVANCE PROCEDURE 

■ 34. The authority citation for part 966 

continues to read as follows: 

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

■ 35. In § 966.4, revise paragraph (a)(1) 

and paragraph (e) to read as follows: 

§ 966.4 Lease requirements. 

* * * * * 

(a) Parties, dwelling unit and term. (1) 

The lease shall state: 

(i) The names of the PHA and the 

tenant; 

(ii) The unit rented (address, 

apartment number, and any other 

information needed to identify the 

dwelling unit); 

(iii) The term of the lease (lease term 

and renewal in accordance with 

paragraph (a)(2) of this section); 

(iv) A statement of what utilities, 

services, and equipment are to be 

supplied by the PHA without additional 

cost, and what utilities and appliances 

are to be paid for by the tenant; 

(v) The composition of the household 

as approved by the PHA (family 

members and any PHA-approved live-in 

aide). The family must promptly inform 

the PHA of the birth, adoption, or courtawarded custody of a child. The family 

must request PHA approval to add any 

other family member as an occupant of 

the unit; 

(vi) HUD’s regulations in 24 CFR part 

5, subpart L, apply, if a current or future 

tenant is or becomes a victim of 

domestic violence, dating violence, or 

stalking, as provided in 24 CFR part 5, 

subpart L.* * * 

(e) The PHA’s obligations. The lease 

shall set forth the PHA’s obligations 

under the lease, which shall include the 

following: 


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(1) To maintain the dwelling unit and 

the project in decent, safe, and sanitary 

condition; 

(2) To comply with requirements of 

applicable building codes, housing 

codes, and HUD regulations materially 

affecting health and safety; 

(3) To make necessary repairs to the 

dwelling unit; 

(4) To keep project buildings, 

facilities, and common areas, not 

otherwise assigned to the tenant for 

maintenance and upkeep, in a clean and 

safe condition; 

(5) To maintain in good and safe 

working order and condition electrical, 

plumbing, sanitary, heating, ventilating, 

and other facilities and appliances, 

including elevators, supplied or 

required to be supplied by the PHA; 

(6) To provide and maintain 

appropriate receptacles and facilities 

(except containers for the exclusive use 

of an individual tenant family) for the 

deposit of ashes, garbage, rubbish, and 

other waste removed from the dwelling 

unit by the tenant in accordance with 

paragraph (f)(7) of this section; 

(7) To supply running water and 

reasonable amounts of hot water and 

reasonable amounts of heat at 

appropriate times of the year (according 

to local custom and usage), except 

where the building that includes the 

dwelling unit is not required by law to 

be equipped for that purpose, or where 

heat or hot water is generated by an 

installation within the exclusive control 

of the tenant and supplied by a direct 

utility connection; and 

(8)(i) To notify the tenant of the 

specific grounds for any proposed 

adverse action by the PHA. (Such 

adverse action includes, but is not 

limited to, a proposed lease termination, 

transfer of the tenant to another unit, or 

imposition of charges for maintenance 

and repair, or for excess consumption of 

utilities.) 

(ii) When the PHA is required to 

afford the tenant the opportunity for a 

hearing under the PHA grievance 

procedure for a grievance concerning a 

proposed adverse action: 

(A) The notice of proposed adverse 

action shall inform the tenant of the 

right to request such hearing. In the case 

of a lease termination, a notice of lease 

termination, in accordance with 

paragraph (l)(3) of this section, shall 

constitute adequate notice of proposed 

adverse action. 

(B) In the case of a proposed adverse 

action other than a proposed lease 

termination, the PHA shall not take the 

proposed action until the time for the 

tenant to request a grievance hearing has 

expired, and (if a hearing was timely 

requested by the tenant) the grievance 

process has been completed. 

(9) To consider lease bifurcation, as 

provided in 24 CFR 5.2009, in 

circumstances involving domestic 

violence, dating violence, or stalking 

addressed in 24 CFR part 5, subpart L. 

* * * * * 

PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING 

CHOICE VOUCHER PROGRAM 

■ 36. The authority citation for part 982 

continues to read as follows: 

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

■ 37. Amend § 982.53 to revise the 

section heading and paragraph (e) to 

read as follows: 

§ 982.53 Equal opportunity requirements 

and protection for victims of domestic 

violence, dating violence, or stalking. 

* * * * * 

(e) Protection for victims of domestic 

violence, dating violence, or stalking. 

The PHA must apply 24 CFR part 5, 

subpart L, in all applicable cases where 

there is involved incidents of, or 

criminal activity related to, domestic 

violence, dating violence, or stalking. 

■ 38. Amend § 982.201 to revise 

paragraph (a) to read as follows: 

§ 982.201 Eligibility and targeting. 

(a) When applicant is eligible: general. 

The PHA may admit only eligible 

families to the program. To be eligible, 

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

income-eligible in accordance with 

paragraph (b) of this section and 24 CFR 

part 5, subpart F; and must be a citizen 

or a noncitizen who has eligible 

immigration status as determined in 

accordance with 24 CFR part 5, subpart 

E. If the applicant is a victim of 

domestic violence, dating violence, or 

stalking, 24 CFR part 5, subpart L, 

applies. 

* * * * * 

■ 39. Revise § 982.202(d) to read as 

follows: 

§ 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, 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. 

* * * * * 

■ 40. Amend § 982.307 to revise 

paragraph (b)(4) to read as follows: 

§ 982.307 Tenant screening. 

* * * * * 

(b) * * * 

(4) In cases involving a victim of 

domestic violence, dating violence, or 

stalking, 24 CFR part 5, subpart L, 

applies. 

■ 41. Revise § 982.310(h)(4) to read as 

follows: 

§ 982.310 Owner termination of tenancy. 

* * * * * 

(h) * * * 

(4) Nondiscrimination limitation and 

protection for victims of domestic 

violence, dating violence, or stalking. 

The owner’s termination of tenancy 

actions must be consistent with fair 

housing and equal opportunity 

provisions of 24 CFR 5.105, and with 

the provisions for protection of victims 

of domestic violence, dating violence, or 

stalking in 24 CFR part 5, subpart L. 

■ 42. In § 982.314, revise paragraphs (b) 

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

§ 982.314 Move with continued tenantbased assistance. 

* * * * * 

(b) When family may move. A family 

may move to a new unit if: 

(1) The assisted lease for the old unit 

has terminated. This includes a 

termination because: 

(i) The PHA has terminated the HAP 

contract for the owner’s breach; or 

(ii) The lease has terminated by 

mutual agreement of the owner and the 

tenant. 

(2) The owner has given the tenant a 

notice to vacate, or has commenced an 

action to evict the tenant, or has 

obtained a court judgment or other 

process allowing the owner to evict the 

tenant. 

(3) The tenant has given notice of 

lease termination (if the tenant has a 

right to terminate the lease on notice to 

the owner, for owner breach, or 

otherwise). 

(4) The family or a member of the 

family is or has been the victim of 

domestic violence, dating violence, 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. A PHA may not 

terminate assistance if the family, with 

or without prior notification to the PHA, 

already moved out of a unit in violation 

of the lease, if such move occurred to 

protect the health or safety of a family 


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66264 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

member who is or has been the victim 

of domestic violence, dating violence, or 

stalking and who reasonably believed he 

or she was imminently threatened by 

harm from further violence if he or she 

remained in the dwelling unit. 

(c) * * * 

(2) The PHA may establish: 

(i) Policies that prohibit any move by 

the family during the initial lease term; 

and 

(ii) Policies that prohibit more than 

one move by the family during any oneyear period. 

(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, 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. 

* * * * * 

■ 43. In § 982.315, redesignate 

paragraph (a) as paragraph (a)(1) and 

add a new paragraph (a)(2), and revise 

paragraph (b) to read as follows: 

§ 982.315 Family break-up. 

* * * * * 

(a) * * * 

(2) If the family break-up results from 

an occurrence of domestic violence, 

dating violence, or stalking as provided 

in 24 CFR part 5, subpart L, 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 or 

actual or threatened domestic violence, 

dating violence, or stalking. 

(4) Whether any of the family 

members are receiving protection as 

victims of domestic violence, dating 

violence, 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. 

* * * * * 

■ 44. Revise the last sentence of 

§ 982.353(b) to read as follows: 

§ 982.353 Where family can lease a unit 

with tenant-based assistance. 

* * * * * 

(b) * * * 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 that 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, or 

stalking and who reasonably believed he 

or she was imminently threatened by 

harm from further violence if he or she 

remained in the dwelling unit, and has 

otherwise complied with all other 

obligations under the Section 8 

program, the family may receive a 

voucher from the PHA and move to 

another jurisdiction under the Housing 

Choice Voucher Program. 

* * * * * 

■ 45. Amend § 982.452(b)(1) to revise 

the second sentence to read as follows: 

§ 982.452 Owner responsibilities. 

* * * * * 

(b) * * * 

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

or has been a victim of domestic 

violence, dating violence, or stalking is 

not an appropriate basis for denial of 

tenancy if the applicant otherwise 

qualifies for tenancy. 

* * * * * 

■ 46. Revise §§ 982.551(e) and 

982.551(l) to read as follows: 

§ 982.551 Obligations of participant. 

* * * * * 

(e) Violation of lease. The family may 

not commit any serious or repeated 

violation of the lease. Under 24 CFR 

5.2005(c)(1), an incident or incidents of 

actual or threatened domestic violence, 

dating violence, 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, or stalking, or as good cause to 

terminate the tenancy, occupancy rights, 

or assistance of the victim. 

* * * * * 

(l) Crime by household members. The 

members of the household may not 

engage in drug-related criminal activity 

or violent criminal activity or other 

criminal activity that threatens the 

health, safety, or right to peaceful 

enjoyment of other residents and 

persons residing in the immediate 

vicinity of the premises (see § 982.553). 

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

activity directly related to domestic 

violence, dating violence, 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 immediate family 

member of the tenant is the victim. 

* * * * * 

■ 47. Revise § 982.552(c)(2)(v) to read as 

follows: 

§ 982.552 PHA denial or termination of 

assistance for the family. 

* * * * * 

(c) * * * 

(2) * * * 

(v) Nondiscrimination limitation and 

protection for victims of domestic 

violence, dating violence, or stalking. 

The PHA’s admission and termination 

actions must be consistent with fair 

housing and equal opportunity 

provisions of § 5.105 of this title, and 

with the requirements of 24 CFR part 5, 

subpart L, protection for victims of 

domestic violence, dating violence, or 

stalking. 

* * * * * 

■ 48. Amend § 982.553 to revise 

paragraph (e), to read as follows: 

§ 982.553 Denial of admission and 

termination of assistance for criminals and 

alcohol abusers. 

* * * * * 

(e) In cases of criminal activity related 

to domestic violence, dating violence, or 

stalking, the victim protections of 24 

CFR part 5, subpart L, apply. 

PART 983—PROJECT-BASED 

VOUCHER (PBV) PROGRAM 

■ 49. The authority citation for part 983 

continues to read as follows: 

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

■ 50. Amend § 983.4 to add a new 

proviso in alphabetical order, as 

follows: 

§ 983.4 Cross-reference to other Federal 

requirements. 

* * * * * 

Protection for victims of domestic 

violence, dating violence, or stalking. 

See 24 CFR part 5, subpart L. 

* * * * * 

■ 51. Amend § 983.251 to revise 

paragraph (a)(3) to read as follows: 

§ 983.251 How participants are selected. 

(a) * * * 

(3) The protections for victims of 

domestic violence, dating violence, or 

stalking in 24 CFR part 5, subpart L, 

apply to admission to the project-based 

program. 

* * * * * 

■ 52. Amend § 983.255 to revise 

paragraph (d) to read as follows: 

§ 983.255 Tenant screening. 

* * * * * 

(d) The protections for victims of 

domestic violence, dating violence, or 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 66265 

stalking in 24 CFR part 5, subpart L, 

apply to tenant screening. 

■ 53. Amend § 983.257 to revise the last 

sentence of paragraph (a) to read as 

follows: 

§ 983.257 Owner termination of tenancy 

and eviction. 

(a) * * * Part 5, subpart L of 24 CFR, 

on protection for victims of domestic 

violence, dating violence, or stalking 

applies to this part. 

* * * * * 

Dated: October 20, 2010. 

Shaun Donovan, 

Secretary. 

[FR Doc. 2010–26914 Filed 10–26–10; 8:45 am] 

BILLING CODE 4210–67–P 


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