HUD has posted for comment four forms required by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) (see Memo, 3/1/13) and the implementing regulations (see Memo, 11/21/16). VAWA includes core protections across HUD programs, ensuring individuals are not denied assistance, evicted, or have their assistance terminated because of their status as survivors of domestic violence, dating violence, sexual assault, or stalking, or for being affiliated with a victim.
HUD must provide three model documents to all public housing agencies (PHAs), owners and managers of private HUD-assisted housing, and grant recipients, collectively referred to as “Covered Housing Providers” (CHPs). A fourth form is for optional consideration by CHPs.
Form HUD-5380 is the “Notice of Occupancy Rights” that HUD must provide to CHPs and that CHPs must distribute to tenants and to applicants denied assistance. This form is being revised to provide more information about lease bifurcation and to better align it with the regulations. Bifurcation allows CHPs to evict or end assistance to any lawful occupant who engaged in criminal acts of physical violence but not evict or end the assistance of others in the household. In addition, HUD will add more language about emergency transfers and about reasonable accommodations for persons with disabilities.
Form HUD-5381 is the “Model Emergency Transfer Plan” that HUD must provide to CHPs, but which CHPs have the option of using or developing their own emergency transfer plans. The form adds an “Emergency Transfer Policies” section, clarifying that the housing provider must specify their individual policies for different categories of transfers, such as internal and external transfers. The form will also add a “Priority for Transfer” section, requiring CHPs to detail the measure of any priority given to tenants who qualify for an emergency transfer and to describe policies for ensuring that VAWA-related requests for internal emergency transfers receive any priority that CHPs might already provide to other types of emergency transfer requests.
Form HUD-5382 is the “Certification” that HUD must provide to CHPs and that CHPs must distribute to tenants and applicants. An individual has the option of using this form to certify that they are a victim or provide documentation from a third party, such as a victim service provider or medical professional. The revised version includes more information about reasonable accommodations.
Form HUD-5383 is “Emergency Transfer Request” that CHPs have the discretion to distribute to tenants and applicants. The model form allows an individual to submit a request for an emergency transfer and also certify that they are a victim.
Comments are due October 2. Because these forms are subject to the Paperwork Reduction Act, HUD will issue the forms again after the agency receives and considers comments – perhaps modified to reflect public comment – for an additional 30 days of comment.
The proposed form revisions are at: http://bit.ly/2fbYegA