Implementation of the Violence Against Women Reauthorization Act of 2013

The Violence Against Women Reauthorization Act of 2013 (“VAWA”) protects qualified tenants, participants, applicants, and affiliated individuals in all HUD-covered housing programs, who are victims of domestic violence, dating violence, sexual assault, or stalking. On November 16, 2016, HUD published a final rule (VAWA Rule) at 81 FR 80724, implementing VAWA’s provisions in its housing programs. The VAWA Rule includes the following Appendices, which entail certain reporting and recordkeeping burdens: (A) Notice of Occupancy Rights Under the Violence Against Women Act; (B) Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking; (C) Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation; and (D) Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. Under the VAWA Rule, PHAs, owners, and managers (collectively “Covered Housing Providers” or “CHPs”) Under the VAWA Rule, each CHP must make use of Appendix A and Appendix C, by providing copies of the Notice of Occupancy Rights and the Certification form. Each CHP presented with a claim for continued or initial tenancy or assistance, based on the victim’s status as a victim of domestic violence, dating violence, sexual assault, or stalking, may request that the victim document or provide written evidence to demonstrate that the violence occurred, and Certification form is one such way of documenting the violence. Each CHP must also establish an emergency transfer plan, although it need not be modeled on Appendix B. CHPs’ use of an Emergency Transfer Request form, like the model in Appendix D, is also discretionary. CHPs must track and report annually to HUD if they have any Emergency Transfer Requests and outcomes. Finally, under the VAWA Rule, CHPs may opt to provide a lease bifurcation to VAWA-covered individuals.

The latest form for Implementation of the Violence Against Women Reauthorization Act of 2013 expires 2028-01-31 and can be found here.