WHAT HOUSING PROVIDERS SHOULD KNOW ABOUT THE VIOLENCE AGAINST WOMEN ACT SEPTEMBER 19, 2016

DISCLAIMER This presentation is for informational purposes only, it does not constitute legal advice or a legal opinion and should not be relied on as legal advice or opinion. For legal advice, please contact your attorney.

Presenters Gabriel Campos, JD, MBA, SPHR Thomas Prettyman Director, Office of Diversity and Human Rights, ADA coordinator City of Albuquerque gcampos@cabq.gov 505-768-4589 Thomas Prettyman Staff Attorney New Mexico Legal Aid thomasp@nmlegalaid.org 505-243-7871

Outline Background on Domestic Violence DV and Housing Dynamic Statistics VAWA DV and Housing Housing programs Admissions Evictions/Terminations Certification Confidentiality

Domestic Violence a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Dynamic Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her. Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner. Emotional Abuse: Undermining an individual's sense of self-worth and/or self- esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children. Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment. Psychological Abuse: Elements of psychological abuse include  - but are not limited to - causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.

Why do they stay Fear – threats of abuse, safety of their children, pets, others Money – financial support, homelessness Children – losing custody Shame – fear of not being believed/deserve it/low self esteem, normalize abuse Information – don’t know what resources exist. Culture/religion – stay, pray and obey; language Disability , Immigration status, Love Ultimately it is complicated for the situations we see

Statistics/Facts National New Mexico Housing related 1 in 4 (24%) of women and 1 in 7 (13%) of men have experienced physical domestic violence in their lifetime 1 in 5 (18%) of women have been raped and 1 in 71 men have been raped From 70-85% are women and 30-15% are men New Mexico 2013 approx. 18-22k DV reports to law enforcement each year About 75% are women Housing related DV is most likely to occur between 6 pm and 6 am 60% of violent crime occurred in a residence with 87% of police recorded family violence taking place in a house or apartment. According to HUD, DV is the 3rd leading cause of homelessness 46% of women in abusive home reported staying because they had nowhere to go Domestic violence shelters have a limit as to how long a victim can stay Victims fear calling LE for fear of eviction

VIOLENCE AGAINST WOMEN ACT (VAWA) Enacted in 1994,reauthorized 2000, 2005 and 2013 Applies to men and women Grants to LE, Courts, shelters, social service agencies, housing providers & gov agencies serving DV/SA/Stalking Criminal laws Assault/battery on a household member Civil Remedies DV OP including full faith and credit for orders issued by a state, tribe or territory Creates a national database for DV protection orders.

VAWA (Continued) VAWA 2013 extends protections to Victims on tribal land LGBT and immigrant victims Victims of sexual assault Residents of additional subsidized housing programs HUD issued a notice about VAWA 2013 changes, but has not issued new regulations for VAWA 2013

RELATIONSHIP BETWEEN HOUSING & DOMESTIC VIOLENCE Congress has found Strong link between DV & homelessness. Tenants are discriminated against, denied access to and evicted from housing because of status as DV victims Victims who leave their abusers have trouble finding long-term housing, and often return to their abusers due lack of housing options.

HUD Regulations to VAWA 2013 On April 1, 2015 HUD has proposed regulations to VAWA 2013 Not yet in effect

“COVERED HOUSING PROGRAMS” UNDER VAWA Covered by VAWA 2005 Public Housing HCV Section 8 Project-Based Sec. 8 Section 202*/811 Added by VAWA 2013 236 Multifamily 221(d)(3) BMIR* HOME* HOPWA* McKinney Vento Act USDA/RD LIHTC Housing Trust Fund

“COVERED HOUSING PROGRAMS” UNDER VAWA (continued) Applies to PHAs, owners, property managers, others VAWA does not protect tenants in private market rate housing. Though VAWA applies in tribal lands, VAWA does not apply to tribal housing

WHO DOES VAWA PROTECT? Victims of actual or threatened Domestic Violence Dating Violence Sexual Assault (VAWA 2013) Stalking “Affiliated Individual” of the victim (spouse, parent, sibling, child of victim; individual to whom victim stands in loco parentis; person lawfully living in victim's household). VAWA 2013 extends coverage to LGBT & immigrant victims and victims on tribal lands (but not to tribal housing)

TO WHICH PHA/OWNER/MANAGER ACTIONS DOES VAWA APPLY? Admissions Evictions and subsidy terminations

ADMISSIONS PHAs, owners, and managers shall not deny an applicant housing on the basis that an applicant was victim of domestic violence, dating violence, sexual assault or stalking.

EVICTIONS & TERMINATIONS PHAs/owners/managers may not evict or terminate assistance for tenant on the basis that the tenant is a victim. Crimes against victim “directly relating to” the abuse are not grounds for evicting the victim or terminating her subsidy. An incident of actual or threatened domestic violence is not a “serious or repeated lease violation” or good cause for eviction of the victim or terminating the victim’s subsidy. Tenant protections do not apply to violations unrelated to DV.

EVICTIONS & TERMINATIONS (continued) EXCEPTIONS PHAs and landlords can evict the victim if they can demonstrate an “actual and imminent threat” to other tenants or employees at the property if the victim is not evicted. “actual and imminent threat” as physical danger that is real, would occur within an immediate timeframe, and could result in death or serious bodily harm. Last resort: There must be no alternative to eviction (e.g., transfer victim, barring perpetrator, contacting LE)

EVICTIONS & TERMINATIONS (continued) BIFURCATION PHA, owner or manager may evict or terminate assistance to the abuser while allowing a victim who is a lawful occupant to remain (also in NM state law). COMPLIANCE WITH COURT ORDERS PHAs, owners and managers must comply with court orders regarding the rights or access to property or distribution, possession or control of property (including DV protection orders).

EVICTIONS & TERMINATIONS (continued) REMAINING HOUSEHOLD MEMBERS If the individual who is evicted is the sole tenant eligible to receive housing assistance, PHA, owner or manager must give any remaining tenant an opportunity to establish eligibility for that program or a reasonable time to move or establish eligibility for another covered housing program. Special rules for HOPWA, CoC and HOME

EVICTIONS & TERMINATIONS (continued) New Mexico Uniform Owner Resident Relations Act (UORRA) provides for bifurcation of a residential lease in the case of DV victims This state law protection applies to all residential tenancies, whether subsidized or unsubsidized.

PORTABILITY PHA may permit section 8 family to port out if family has complied with all obligations of program and is moving to protect health and safety of a victim. Portability is permitted in this situation even if lease term has not expired.

CERTIFICATION Where applicant/tenant claims protection under VAWA, PHA, owner or manager may, but is not required to, request in writing that tenant/applicant provide documentation. Tenant/applicant must provide documentation in 14 business days after written request. PHA/owner/manager has discretion to extend deadline. BUT provider is free to take tenant at her word

CERTIFICATION (continued) Form of documentation: HUD/USDA/Dept of Treas.-approved form stating (1) applicant or tenant is victim, (2) incident meets VAWA requirements, and (3) name of abuser, if known and safe to provide; OR Statement signed under penalty of perjury by victim service provider, attorney, medical or mental health professional that he/she believes incident meets VAWA requirements AND signed by tenant/applicant; OR Record of federal, state, territorial, tribal or local law enforcement agency, court or administrative agency; OR Statement or other evidence at discretion of PHA/owner/manager.

CERTIFICATION (continued) Where there are conflicting certifications, PHA/owner/manager may require applicant or tenant to submit additional third-party documentation.

EMERGENCY TRANSFERS Applicable federal agency must adopt model emergency transfer plan for use by housing providers. HUD model plan is in proposed regulations. Transfer to “available & safe” unit under a covered housing program if (1) requested by tenant and (2) (a) tenant reasonably believes she is threatened with imminent harm if she stays or (b) tenant is victim of sexual assault that occurred on premises within the previous 90 days. Plan must include strict confidentiality measures. Each HUD housing provider must adopt its own transfer plan based on HUD model plan.

CONFIDENTIALITY PHA, owner, manager must keep confidential the certification information provided by victim. Information cannot be entered in a shared database or disclosed to others unless Consented to by victim, Required for use in eviction proceeding, or Otherwise required by law Employees of PHA, owner or manager are prohibited from accessing info unless specifically and authorized to do so because it is necessary for their work.

NOTICES & LANGUAGE ACCESS Agencies must develop a notice of VAWA housing rights for applicants and tenants. HUD’s has proposed a notice that is customizable by the provider. PHAs, owners and managers must give the notice and the self- certification form to applicants and tenants at 3 junctures: Time of denial of admission, Time of admission, and With any notice of termination or eviction. Language access for LEP persons

VAWA DOES NOT CLEARLY ADDRESS Program violation with indirect link to abuse. For example, what if abuser refuses to pay rent? Situation where victim repeatedly reconciles with the abuser, who returns to cause program violation.

Questions?