Update on VAWA Implementation in LIHTC Rachel Blake Associate Director Regional Housing Legal Services

RHLS Regional Housing Legal Services is a nonprofit law firm whose mission is to create housing and economic opportunity in under-served communities in Pennsylvania and to effect systemic change for the benefit of  lower-income households statewide.

Survey Goals/Method Goal: Method: gather information about HFA VAWA 2013 implementation efforts accelerate implementation efforts Method: Survey with 10 questions (self-reported, no independent verification) Distributed to all 50 states; 23 responded   Spring of 2016 staff from American Civil Liberties Union, Mid-Minnesota Legal Aid, National Alliance to End Sexual Violence, National Network to End Domestic Violence, National Housing Law Project, Regional Housing Legal Services, and Sargent Shriver National Center on Poverty Law launched a survey designed to educate HFAs about VAWA 2013 and to gather information about implementation efforts. 23 responses.

2016 Survey Education & Training 19 have or plan to educate owners, developers and management agents about VAWA 17 have or plan to educate tenants about VAWA, including 7 that reported having a lease addendum 13 have or plan to offer trainings for owners, developers and management agents about VAWA implementation  

Monitoring & Compliance 2016 Survey Monitoring & Compliance 13 reserve the right to bar owners from applying for LIHTC for unresolved non-compliance with VAWA 11 revised compliance monitoring procedures 8 include VAWA in tenant selection plan review 3 report changing their QAPs to encourage VAWA compliance  

2016 Survey

2017 Research 2017 Research Searched all state + DC 2017 QAPs (final version, if available, otherwise draft version) available through novoco.com (on 9/14/17) Missing: Alaska, Arkansas, California, Maryland, New York, Oklahoma Searched all state + DC Compliance Manuals available through novoco.com (on 9/14/17) Missing: New Hampshire, New Mexico, New York, North Carolina, Ohio, Tennessee, Texas, Kentucky, Louisiana, Maine, Virginia, Washington (state), West Virginia  

2017 QAPs At least 12 2017 QAPs mention VAWA-related requirements 2017 Research 2017 QAPs At least 12 2017 QAPs mention VAWA-related requirements 6 require some sort of tenant notice (in the lease, a lease addendum, or notice of rights) 4 states included a basic non-discrimination statement 4 states specifically say that being a victim of domestic violence is not Good Cause for eviction 2 discuss transfer procedures  

2017 Research Compliance Manuals At least 13 LIHTC Compliance Manuals mention VAWA-related requirements 7 states included a basic non-discrimination statement 6 require some sort of tenant notice (in the lease, a lease addendum, or notice of rights) 5 states specifically say that being a victim of domestic violence is not Good Cause for eviction 3 discuss transfer procedures  

Lease Language/Addenda 2017 Research Lease Language/Addenda At least 13 states (through the QAP or Compliance Manual) suggest or require language in the lease or a lease addendum that addresses VAWA requirements 8 suggest or require the HUD form 5 use or allow custom language or forms  

2017 Research – 22 States

2017 Research Combined Results Combining survey results with our subsequent research shows: at least 33 states are taking some steps to implement VAWA 2013 in LIHTC!  

2016 Survey & 2017 Research - 33 States

Rachel Blake, Esq. rblake@rhls.org Contact us: With any questions To share a QAP or compliance manual we don’t have To let us know we missed something To obtain extracts showing the search results (can provide the page from each QAP or compliance manual with the relevant language for comparison purposes) Rachel Blake, Esq. rblake@rhls.org (215) 572-7300 x113