Violence Against Women Reauthorization Act of 2013 Final Rule COSCDA Housing Program Managers Training Conference HOME – CoC - ESG March 13, 2017

VAWA Applicability – Protected Persons VAWA protects any person who is BOTH— an applicant or tenant of a covered project; AND a survivor of Domestic violence, Dating violence, Sexual assault, or Stalking This is the general rule. In the case of termination/eviction based on criminal activity the rule will also protect a tenant if an “affiliated individual” is the survivor. (24 CFR 5.2005(b)(3)). For other protections (e.g. emergency transfers), there will be one or two other criteria that a tenant must meet in addition to being a survivor. Affiliated Individual- to include: a spouse, parent, brother, sister, or child of the individual, or person to who that individual stands in the place of a parent or guardian, or any individual, tenant, or lawful occupant living in the household.

VAWA Applicability – Covered Projects The VAWA rule applies to all rental housing and TBRA projects for which HOME funds are committed on or after December 16, 2016, and all HTF projects. Exception: Covered housing providers have until June 14, 2017 to adopt emergency transfer plans For projects that are covered, the VAWA requirements apply for the duration of the affordability period or, in the case of TBRA projects, for the duration of the rental assistance.

VAWA Applicability – Covered Projects The VAWA final rule applies to: Any RRH, HP-rental assistance, TH, or PSH project funded under a CoC NOFA published on or after Dec. 16, 2016. Any eligibility or termination decision re ESG rental assistance on or after Dec. 16, 2016. Any ESG rental assistance agreement executed or renewed on or after Dec. 16, 2016.

Covered Housing Provider - HOME Grantee Housing Owner Lease bifurcation §5.2009(a) X Victim status documentation; confidentiality §5.2007 Emergency transfer plan §5.2005(e)* Actual and imminent threat exception §5.2005(d)(3), (4) Exception for violations not premised on DV; higher standard §5.2005(d)(2) PJ Court order exception §5.2005(d)(1) There are two parts of the VAWA final rule: A common rule in 24 CFR Part 5, which applies to all of the covered housing programs administered by HUD. And program-specific regulations, which are located in the individual program regulations. To accommodate the various program designs and terminology, HUD used the general term “covered housing provider” when describing the obligations and prohibitions in the common rule at part 5. HUD then used the program-specific regulations to define what the term meant for each program. In the HOME and HTF programs, the term can mean different things depending on the requirement. PJ/HTF grantee is responsible for developing emergency transfer plan and determining if a tenant meets the conditions for an emergency transfer. 24 CFR 5.2005(d)(2) is not applicable to HTF Grantee because HTF Grantee would not be in a position to terminate assistance to or evict a tenant. But it does apply to PJs because a PJ administering TBRA would be in a position to terminate assistance to a tenant.

Covered Housing Provider – Coc & ESG Owner/Landlord Recipient/ Subrecipient Lease bifurcation §5.2009(a) X Victim status documentation; confidentiality §5.2007 Emergency transfer plan §5.2005(e)* Actual and imminent threat exception §5.2005(d)(3), (4) CoC recipient/sub Exception for violations not premised on DV; higher standard §5.2005(d)(2) Court order exception §5.2005(d)(1)

Notice and Certification Form Must be provided to each OWNER of HOME/HTF units* Must be provided to an APPLICANT When admitted to HOME/HTF unit With notice of rejected application for HOME/HTF unit When TBRA application is denied or approved Must be provided to a TENANT With notice of eviction from HOME/HTF unit When PJ learns of notice of eviction for TBRA tenant With notice of termination of TBRA Within 12 months of December 16, 2016* HUD has developed a notice of occupancy and certification of DV form for use by covered housing providers. The notice should be tailored to fit the covered housing program/provider. Owner provides notice to HOME/HTF rental unit applicants and tenants . PJ provides notice to TBRA applicants and tenants. * Notice is only given to applicants and tenants of covered projects.

Notice and Certification Form - CoC Must be provided When an individual or family is denied permanent housing or transitional housing; When a program participant is admitted to permanent housing or transitional housing; When a program participant receives notification of eviction; and When a program participant is notified of termination of assistance.

Notice and Certification Form - ESG Must be provided to an APPLICANT When an individual or family is denied ESG rental assistance; When an individual or family's application for a unit receiving project-based rental assistance is denied; When a program participant begins receiving ESG rental assistance; When a program participant is notified of termination of ESG rental assistance; and When a program participant receives notification of eviction.

Documentation Grantees must maintain sufficient records to enable HUD to monitor compliance with rule, including records of emergency transfers requested and data on the outcomes of those requests. However, please note: Any information submitted in connection w/VAWA request is subject to confidentiality requirements of § 5.2007(c). Addresses of tenants who request &/or receive emergency transfers must be protected from disclosure to abusers. HOME beneficiary data/demographics is still required to be entered into IDIS and available for review. Confidentiality exceptions—Required by applicable law (including HOME regs.), required for use in an eviction, consented to with a time limited release.

Documentation If an applicant or tenant requests protection under VAWA, the covered housing provider may provide the requested protection based solely on the applicant or tenant’s request, or ask the applicant or tenant to provide supporting documentation, subject to the rule’s restrictions.

Victim status documentation Request for documentation of victim status must be in writing and allow for submission within 14 business days. Applicant or tenant may choose to submit any of the following documents: HUD certification form (completed by applicant or tenant) A professional’s statement that meets § 5.2007(b)(1)(ii) Record of a court or law enforcement agency Another type of statement or other evidence, if allowed by the covered housing provider   The VAWA rule imposes strict conditions on requesting documentation to show an applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault or stalking. Certification of DV form is provided by HUD, but its use by the survivor is optional. If the submitted documentation meets the rule’s criteria and does not contain conflicting information, the covered housing provider must treat the applicant or tenant as a victim of domestic violence, dating violence, sexual assault or stalking for purposes of the VAWA protections. The minimum submission period is 14 business days after the date that the tenant receives a written request for victim status documentation, but a covered housing provider has discretion to provide for a longer period/extend the 14-business day deadline.

Emergency Transfer Plan - HOME Each Grantee must develop emergency transfer plan that meets requirements in 24 CFR 5.2005(e). If grantee provides HOME TBRA, plan must describe policies for TBRA recipient who qualifies for an emergency transfer to move quickly with that TBRA. Plan must allow tenants who qualify for emergency transfer to move to another HOME / HTF unit in same project, if unit is immediately available and tenant considers it safe. Plan must include policies to help a qualifying tenant move out of tenant’s project and into another HOME / HTF project, when a tenant’s project does not have any units available that would be safe for that tenant. Internal emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would not be categorized as a new applicant; that is, the tenant may reside in the new unit without having to undergo an application process. External emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would be categorized as a new applicant; that is the tenant must undergo an application process in order to reside in the new unit. Safe unit refers to a unit that the victim of domestic violence, dating violence, sexual assault, or stalking believes is safe.

Emergency Transfer Plan - HOME When a safe unit is not immediately available within tenant’s project, a qualifying tenant must receive a list of HOME/HTF projects, which specifies for each project: Address and contact information HOME/HTF unit sizes (number of bedrooms) Any known tenant preferences or eligibility restrictions for the HOME/HTF units PJ’s/ Owners of HOME units must continue to comply with statutory HOME requirements on tenant selection & waitlist. VAWA preferences are encouraged. List of HOME properties should be maintained and made available to those seeking transfer. Address, unit size, rent, specific rental restrictions

Emergency Transfer Plan - HOME Grantee may also Establish a preference for tenants who qualify for an emergency transfer Provide HOME TBRA to tenants who qualify for an emergency transfer Coordinate with victim service providers and advocates to develop the plan, make referrals, and facilitate transfers to safe, available units ETP requirement does not supersede any eligibility or other occupancy requirement that applies under the HOME program. 24 CFR 5.2005(e)(12) Plan should include procedures for assistance, describe reasonable effort when units not available, documentation requirement, record keeping/confidentiality. PJ’s are encouraged to develop or strengthen relationships with DV service organizations. PJ’s outreach to owners is crucial for successful implementation of the ETP.

Emergency Transfer Plan - CoC Each CoC must develop emergency transfer plan that meets requirements in 24 CFR 5.2005(e) and 578.99 (j)(8) Required components for tenant-based rental assistance Policies for program participants who qualify for emergency transfers to move quickly with their rental assistance Must specify what will happen with respect to the non-transferring family member(s), if emergency transfer separates a program participant family Required components for projects where leasing funds, sponsor-based rental assistance, or project-based rental assistance is used Participants who qualify for emergency transfer must be allowed to move to another unit in same project, if a unit is immediately available and participant considers it safe When qualifying participant’s project has no immediately available units the participant considers safe, policies to help the participant move into another project, including priority over all other applicants for CoC-funded rental assistance, transitional housing, and permanent supportive housing projects, subject to certain conditions*

Emergency Transfer Plan - ESG Must be developed in accordance with 24 CFR 5.2005(e) and 576.409(d) A state can require its subrecipients that administer ESG rental assistance to develop the plan. Otherwise, the recipient must develop the plan. Required components for tenant-based rental assistance – Policies for program participants who qualify for emergency transfer to move quickly with their rental assistance Must specify what will happen with respect to non-transferring family member(s), if emergency transfer separates a program participant family Required components for project-based rental assistance – Qualifying participant must be allowed to move to another unit in same project, if unit is immediately available and participant considers it safe When qualifying participant’s project has no immediately available units the participant considers safe, policies to help the participant move into another project, including priority over other applicants for ESG tenant-based rental assistance, utility assistance, and units for which ESG project-based rental assistance is provided

Lease Bifurcation - HOME Project owner may bifurcate a lease to evict abuser but not victim(s) within a tenant household. Tenants who are not evicted may remain in the HOME/HTF unit or continue receiving TBRA, as applicable. PJ may provide new HOME TBRA to the evicted member(s) of a TBRA household Reasonable time period in part 5, subpart L, is never triggered in HOME/HTF because eligibility is determined based on family. Remaining tenants in unit may stay in unit. Same goes for recipient of TBRA. Tenants may terminate lease without penalty if grantee determines tenant has met conditions for Emergency Transfer

Lease Bifurcation – CoC & ESG Project owner may bifurcate a lease to evict abuser but not victim(s) within a tenant household. Tenants who are not evicted may remain in the assisted unit or continue receiving assistance, as applicable. If a family living in PSH separates and the family’s eligibility for housing was based on the evicted individual’s disability or chronically homeless status the remaining tenants can stay in the project until the expiration of the lease

Lease Addendum – All Programs Grantees must develop a VAWA lease term/addendum to incorporate applicable requirements, including: Prohibited bases for eviction under VAWA VAWA limits on construing lease terms Tenant option to end lease without penalty if emergency transfer conditions are met

Lease Addendum Additional rules for TBRA: Lease term/addendum must require owner to notify PJ before owner bifurcates lease or provides notification of eviction to tenant. VAWA lease term/addendum may be written to expire at end of the rental assistance period, unless it is required for other assistance to the unit.

Points of Emphasis – Moving Forward Provide notice &certification form to owners and ensure proper distribution to applicants and tenants Ensure written agreements (HOME), subrecipient agreements and rental assistance agreements (ESG and CoC) incorporate VAWA requirements Ensure lease term/addendum incorporates applicable requirements Update confidentiality &recordkeeping policies to comply w/new VAWA requirements & HOME/HTF recordkeeping requirements Start developing emergency transfer plan