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VAWA Reauthorization Guidance Part 1


WELCOME TO THE HUD OFFICE
OF PUBLIC AND IN-HOUSING TRAINING ON THE VIOLENCE
AGAINST WOMEN REAUTHORIZATION ACT OF 2013 OR VAWA FOR
SHORT, I’M RYAN JONES, SENIOR HOUSING PROGRAM SPECIALIST IN
THE VOUCHER MANAGEMENT AND OPERATIONS DIVISION OF THE
OFFICE OF PUBLIC AND INDIAN HOUSE, PIH FOR SHORT, I’M
JOINED BY MIRANDA STERN IN PIH’S PUBLIC HOUSING,
MANAGEMENT AND OCCUPANCY DIVISION. WE’RE HAPPY YOU ARE ABLE TO
JOIN US TODAY. TODAY’S TRAINING IS BEING
PROVIDED IN FIVE PARTS. WITHIN EACH PART ARE A
SPECIFIC SET OF TOPICS WE WILL COVER. THIS TRAINING WAS BUILT
AROUND THE GUIDANCE IN PIH’S NOTICE 2017-O8 TITLED
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013
GUIDANCE. THE GUIDANCE WAS PUBLISHED ON
MAY 19, 2017. AS WE PROCEED, YOU WILL
NOTICE THE TRAINING AGENDA FOLLOWS THE ORDER OF THE PIH
NOTICE. WE’VE INCLUDED THE REFERENCE
CORRESPONDING TO THE SPECIFIC SECTION OF THE NOTICE ON THE
TOP OF EACH SLIDE TO THE LEFT OF THE SLIDE’S TITLE. THIS WAY, AFTER YOU’VE HEARD
US SPEAK ON A SPECIFIC TOPIC, 2 YOU CAN GO BACK TO THAT
SECTION, READ FOR FURTHER DETAILS. IN THE FIRST PART OF THIS
TRAINING, WE WILL BE COVERING THE FIRST SEVEN PARTS OF THE
NOTICE. WE WILL DISCUSS THE PURPOSE
OF THE TRAINING, THE APPLICABILITY OF VAWA TO THE
PUBLIC HOUSING AND HOUSING CHOICE VOUCHER PROGRAMS,
PROVIDE A BRIEF BACKGROUND ON HUD’S IMPLEMENTATION OF VAWA,
SUMMARIZE THE MAJOR CHANGES AS A RESULT OF THE
REAUTHORIZATION OF VAWA, HIGHLIGHT TERMS THAT ARE USED
THROUGHOUT THE VAWA FINAL RULE AND IN THE NOTICE THAT
YOU SHOULD BECOME FAMILIAR WITH, SPEAK TO WHO MAY
RECEIVE VAWA PROTECTIONS AND PROVIDE AN OVERVIEW OF HOW
VAWA PROTECTIONS ARE DETERMINED. WE HOPE TO ACHIEVE A NUMBER
OF IMPORTANT TASKS IN OUR TIME WITH YOU THROUGH THIS
TRAINING. WE WILL BE PROVIDING A
DETAILED OVERVIEW OF THE REQUIREMENTS OF OF VAWA IN
THE PUBLIC HOUSING AND HOUSING CHOICE VOUCHER
PROGRAMS. THIS INCLUDES PROJECT-BASED
VOUCHERS, PBV, HOMEOWNERSHIP, AND THE SECTION EIGHT
MODERATE REHABILITATION OR MOD REHAB. AS WE MOVE THROUGH THE
MATERIAL, WE WILL BE CALLING OUT THE RESPONSIBILITIES AND
OBLIGATIONS OF PHAS AND OWNERS. FOR EXAMPLE, WHERE ONLY THE
PHA HAS AN OBLIGATION UNDER THE VAWA REQUIREMENT WE WILL
MAKE NOTE OF THAT, EXPLAIN 3 THE VAWA FORMS INCLUDED IN
THE FINAL RULE, INCLUDING WHICH ARE MANDATORY OR MAY
REQUIRE THAT THE PHA TAILOR THE FORMS. FINALLY, THROUGHOUT THE
TRAINING, WE WILL BE PROVIDING SOME CONTEXT TO THE
MATERIAL BY TALKING THROUGH SOME SAMPLE SCENARIOS. MIRANDA, WOULD YOU MIND
PROVIDING THE AUDIENCE WITH SOME BACKGROUND TO HELP US
CONTEXTUALIZE HOW WE GOT HERE?>>ABSOLUTELY. BEFORE I START, I WANT TO
THANK THE AUDIENCE SO MUCH FOR JOINING US TODAY AS WE
DISCUSS THIS IMPORTANT TOPIC. OKAY. SO FOR CONTEXT, ESPECIALLY
THOSE THAT MAY BE NEW TO VAWA, I’M GOING TO GO BACK A
LITTLE FURTHER IN THE TIMELINE, BECAUSE THE 2013
REAUTHORIZATION ISN’T THE FIRST TIME THAT OUR PHAS AND
OWNERS HAD OBLIGATIONS AND REQUIREMENTS TO PROTECT
VICTIMS OF DOMESTIC VIOLENCE. ON MARCH SEVEN, 2013, VAWA
WAS SIGNED INTO LAW. WE WILL CALL IT VAWA 2013. VAWA 2013 AUTHORIZED AND
AMENDED VAWA 1994 WHICH WAS PREVIOUSLY REAUTHORIZED BY
VAWA IN 22,005. IT WAS THE VAWA 2005
REAUTHORIZATION THAT BROUGHT HUD’S HOUSING PROGRAM AND
TENANT WHEN WAS BASED AND PROJECT-BASED SECTION EIGHT
PROGRAMS UNDER COVERAGE OF VAWA BY AMENDING SECTIONS SIX
AND EIGHT OF THE UNITED STATES HOUSING ACT OF 1937. VAWA 2005 ESTABLISHED THAT
BEING A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE OR 4
STALKING CANNOT BE THE BASIS OF DENIAL FOR ASSISTANCE OR
ADMISSION TO PUBLIC OR SECTION EIGHT HOUSING AND
PROVIDED OTHER PROTECTIONS FOR VICTIMS. VAWA 2005 ALSO CONTAINED
REQUIREMENTS FOR NOTIFICATION TO TENANTS OF THE RIGHTS AND
PROTECTIONS PROVIDED UNDER VAWA, AND PROVISIONS ON THE
RIGHTS AND RESPONSIBILITIES OF PUBLIC HOUSING AGENCIES
AND OWNERS AND MANAGERS OF ASSISTED HOUSING. IN ADDITION, IT CONTAINED
PROVISIONS PERTAINING TO ACCEPTABLE DOCUMENTATION OF
INCIDENTS OF DOMESTIC VIOLENCE AND RELATED ACTS,
AND MAINTAINING CONFIDENTIALITY OF THE
VICTIM. ALL CONCEPTS YOU WILL SEE
CARRIED FORWARD IN THE REAUTHORIZATION. HUD IMPLEMENTED THESE
PROVISIONS THROUGH RULE MAKING WITH THE REGULATIONS
PERTAINING TO VAWA 2005 PROTECTIONS, RIGHTS AND
RESPONSIBILITIES WERE CODIFIED IN 24CFR PART FIVE,
SUBPART L. THAT BRINGS US TO THE PASSAGE
OF THE VAWA REAUTHORIZATION IN 2013. HUD ISSUED A FEDERAL REGISTER
NOTICE THAT SOUGHT COMMENT ON IMPLEMENTATION IN HUD
PROGRAMS. PIH ISSUED A LETTER TO PHAS
ON SEPTEMBER 30, 2013, SUMMARIZING THE FEDERAL
REGISTER NOTICE. HUD COMMENCED RULE MAKING
ISSUED A PROPOSED RULE ON APRIL 1ST, 2015. HUD ISSUED A FINAL RULE ON
NOVEMBER 16, 2016, WHICH 5 AMENDED 24CFR PART FIVE AND
NUMEROUS PROGRAMS-SPECIFIC REGULATIONS. FINALLY, AS PREVIOUSLY NOTED,
PIH ISSUED NOTICE 2017-O8 ON MAY 19, 2017, FOR THE PUBLIC
HOUSING AND HOUSING CHOICE VOUCHER PROGRAMS. VAWA AND HUD’S FINAL RULE
RESULTED IN A NUMBER OF SIGNIFICANT CHANGES. I WILL GO OVER 11 OF THEM. DON’T WORRY. AS WE WILL GO INTO DETAIL,
THROUGHOUT THIS TRAINING. IN MY OVERVIEW OF THIS
HISTORY, I SAID THAT VAWA PREVIOUSLY COVERED DOMESTIC
VIOLENCE, DATING VIOLENCE, OR STALKING. NOW VAWA ALSO COVERS SEXUAL
ASSAULT. HUD CLARIFIES
NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS, A
NUMBER OF DEFINITIONS HAVE BEEN ADDED, AND OTHER
PREVIOUSLY ESTABLISHED DEFINITIONS HAVE BEEN
REVISED. IN JUST A FEW MOMENTS, RYAN
WILL HIGHLIGHT SOME OF THESE DEFINITIONS. THE VAWA FINAL RULE
ESTABLISHES NEW REQUIREMENTS FOR NOTIFICATION OF OCCUPANCY
RIGHTS UNDER VAWA AND TRANSMITS A MODEL NOTICE OF
OCCUPANCY RIGHTS. IT PROVIDES THAT TENANTS AND
APPLICANTS MAY NOT BE DENIED ASSISTANCE OR HAVE ASSISTANCE
TERMINAD UNDER A COVERED HOUSING PROGRAM ON THE BASIS
OF OR AS A DIRECT RESULT OF THE FACT THAT THE TENANT OR
APPLICANT IS OR HAS BEEN A VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. 6
IT ESTABLISHES THE REQUIREMENT TO ESTABLISH AN
EMERGENCY TRANSFER PLAN, ESTABLISHES RECORD KEEPING
AND REPORTING REQUIREMENTS, AND PROVIDES A MODEL
EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND
EMERGENCY TRANSFER REQUESTS FOR CERTAIN VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING WHICH WE WILL GO INTO GREATER DETAIL. IT REVISES REQUIREMENTS FOR
DOCUMENTING THE OCCURRENCE OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, STALKING, AND PROVIDES A NEW
CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION,
WHICH WE ALSO CALL FORM HUD 5382. IN THE CASE OF LEASE
BIFURCATION IT ESTABLISH AS NEW REQUIREMENT FOR
REASONABLE TIME PERIODS DURING WHICH A TENANT WHO IS
A VICTIM OF OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING, MAY REMAIN IN THE UNIT WHILE
ESTABLISHING ELIGIBILITY UNDER THE CURRENT HOUSING
PROGRAM OR UNDER ANOTHER COVERED HOUSING PROGRAM OR
SEEKING ALTERNATE HOUSING. IT REVISES VARIOUS HCV, PBV
AND PUBLIC HOUSING REGULATIONS THAT THE 2000
REAUTHORIZATION OF VAWAT CLARIFIES THAT PHAS MAY
ESTABLISH A PREFERENCE FOR VICTIMS OF DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING, IN ADDITION TO DOMESTIC 7
VIOLENCE. AND AS THE LAST OF THE
SUMMARIZED CHANGES, IT ESTABLISHES NEW REQUIREMENTS
UNDER PROJECT-BASED VOUCHERS FOR A FAMILY’S RIGHT TO MOVE. RYAN, CAN YOU TALK ABOUT SOME
OF THE TERMS WE WILL MOST OFTEN USE TODAY?>>SURE, THANKS MIRANDA. BEFORE WE MOVE FORWARD, I
WANT TO POINT OUT TO THE AUDIENCE THAT THERE ARE A
NUMBER OF TERMS BOTH NEW AND REVISED USED THROUGHOUT THE
GUIDANCE, AND THIS TRAINING CAN BE FOUND AT 24CFR5.2003. I RECOMMEND PAUSING THE
TRAINING OR MAKING A NOTE TO GO BACK AND READ THE
DEFINITIONS OF THESE TERMS. SO LET’S START WITH THE BASIC
QUESTION OF WHO IS ELIGIBLE FOR VAWA PROTECTIONS. LIKE THE NOTICE THIS, SLIDE
BREAKS ELIGIBILITY INTO WHO IS ELIGIBLE AND WHO IS
INELIGIBLE. LET’S START WITH THE LEFT
COLUMN, WHO IS ELIGIBLE. VAWA PROTECTIONS COVER
TENANTS AND ASSISTED FAMILIES AS DEFINED UNDER APPLICABLE
PROGRAM REGULATIONS, VAWA PROTECTIONS COVER APPLICANTS
WHEN THEY ARE APPLYING FOR ADMISSION TO A COVERED
HOUSING PROGRAM. IT’S IMPORTANT TO CLARIFY
THAT IT’S NOT LIMITED TO WOMEN. VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT OR STALKING WITH
ELIGIBLE FOR PROTECTIONS WITHOUT REGARD TO SEX, GENDER
IDENTITY, OR SEXUAL ORIENTATION. FURTHER, VICTIMS CANNOT BE
DISCRIMINATED AGAINST ON THE 8 BASIS OF ANY PROTECTED
CHARACTERISTIC, INCLUDING RACE, COLOR, NATIONAL ORIGIN,
RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR AGE. HUD PROGRAM MUST ALSO BE
OPERATED CONSISTENTLY WITH HUD’S EQUAL ACCESS RULE. A CLARIFICATION NOT LISTED
HERE BUT DISCUSSED IN THE NOTICE IS THAT A PHA OR OWNER
MAY FIND INSTANCES OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING AGAINST YOUTH UNDER
THE AGE OF 18, LIVING IN AN ASSISTED HOUSEHOLD FOR WHICH
THE FAMILY MAY NEED TO EXERCISE VAWA PROTECTIONS TO
PROTECT THE YOUTH VICTIM. IN THESE CIRCUMSTANCES, PHAS
AND OWNERSHIP EXERCISE THE SAME DOCUMENTATION AND
CONFIDENTIALITY PROCEDURES IN ASSISTING A FAMILY IN THIS
SITUATION. SO WE’VE SAID THAT TENANTS,
ASSISTED FAMILIES, AND APPLICANTS ARE ELIGIBLE FOR
VAWA PROTECTIONS. NOW LET’S DISCUSS WHO IS NOT
ELIGIBLE. GUESTS, UNASSISTED MEMBERS,
AND LIVE-IN AIDES OF THE FAMILY ARE INELIGIBLE FOR
VAWA PROTECTIONS THAT ARE AVAILABLE ONLY TO TENANTS AND
PARTICIPANTS. ON THE SLIDE, THERE’S AN
ASTERISK THAT SAYS REASONABLE ACCOMMODATION. THAT’S THERE FOR AN IMPORTANT
REASON. AS A REASONABLE
ACCOMMODATION, A TENANT OR PARTICIPANT CAN REQUEST VAWA
PROTECTIONS BASED ON THE GROUNDS THAT THE LIVE-IN AIDE
IS A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, 9
SEXUAL ASSAULT, OR STALKING. SO WHILE WE’VE SAID THAT
GUESTS OR UNASSISTED MEMBERS ARE INELIGIBLE, IN CASES
WHERE GUESTS OR UNASSISTED MEMBER IS A VICTIM OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING A TENANT OR PARTICIPANT CANNOT BE EVICTED
OR HAVE ASSISTANCE TERMINATED ON THE BASIS OF THE DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING OF
THE GUEST OR UNASSISTED MEMBER. I SHOULD NOTE THAT WE WILL
BRIEFLY DISCUSS REASONABLE ACCOMMODATIONS WITHIN THE
VAWA CONTEXT LATER IN THIS PRESENTATION, AND THAT THE
TOPIC IS DISCUSSED IN THE VAWA NOTICE.>>SO WE’VE JUST COVERED WHO
MAY RECEIVE VAWA PROTECTIONS. NOW LET’S DISCUSS
ELIGIBILITY. STICK WITH ME HERE. THE VAWA FINAL RULE PROVIDES
AN APPLICANT FOR ASSISTANCE OR TENANT OR PARTICIPANT
RECEIVING ASSISTANCE UNDER A COVERED HOUSING PROVIDER MAY
NOT BE DENIED ADMISSION TO, DENIED ASSISTANCE UNDER, OR
TERMINATED FROM PARTICIPATION IN OR EVICTED FROM HOUSING ON
THE BASIS OR AS A DIRECT RESULT OF THE FACT THAT THE
APPLICANT, TENANT OR PARTICIPANT IS OR HAS BEEN A
VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING. IF THE APPLICANT OR TENANT
OTHERWISE QUALIFIES FOR ADMISSION, ASSISTANCE,
PARTICIPATION, OR OCCUPANCY. IN ADDITION, TO PROHIBITING A
DENIAL, TERMINATION OR 10 EVICTION, BASED ON THE FACT
THAT THE APPLICANT, TENANT OR PARTICIPANT IS OR HAS BEEN A
VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING, COVERED HOUSING PROVIDERS ARE
PROHIBITED FROM DENYING ASSISTANCE OR ADMISSION,
TERMINATING PARTICIPATION IN OR EVICTING A TENANT BASED ON
AN ADVERSE FACTOR. IF THE ADVERSE FACTOR IS
DETERMINED TO BE A DIRECT RESULT OF THE FACT THAT THE
APPLICANT IS OR HAS BEEN A VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. AS WE MOVE FORWARD, WE WILL
EXPLAIN THE DIRECT RESULT IN THE CONTEXT OF AN ADVERSE
FACTOR. ADVERSE FACTOR IS A NEW TERM. SO LET’S DEFINE IT NOW. AN ADVERSE FACTOR REFERS TO
ANY FACTOR THAT CAN BE USED AS A BASIS FOR DENYING
ADMISSION, TERMINATING ASSISTANCE, OR EVICTING A
TENANT. NOTE THE SECOND BULLET ON THE
SLIDE. HOWEVER, IF A DENIAL OR
TERMINATION OF ASSISTANCE OR EVICTION IS REQUIRED BY A
FEDERAL STATUTE BASED ON PARTICULAR ADVERSE FACTOR,
THE PHA MUST COMPLY WITH THAT STATUTE, EVEN IF THE ADVERSE
FACTOR IS A DIRECT RESULT OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING. FOR EXAMPLE, IF THE APPLICANT
IS SUBJECT TO A LIFETIME REGISTRATION REQUIREMENT
UNDER A STATE SEX OFFENDER REGISTRATION PROGRAM, THE PHA
MUST COMPLY WITH A QUALITY 11 HOUSING AND WORK
RESPONSIBILITY ACT OF 1998 AND DENY THE APPLICANT
ADMISSION, EVEN IF THE SEX OFFENSE OR OFFENSES ARE A
DIRECT RESULT OF THE FACT THAT THE APPLICANT WAS A
VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING. SO LET’S SAY ONE MORE TIME TO
LET IT SINK IN. LET’S SAY IT AGAIN. IN AN ADVERSE FACTOR REFERS
TO ANY FACTOR THAT CAN BE USED AS A BASIS FOR DENYING
ADMISSION, TERMINATING ASSISTANCE, OR EVICTING A
TENANT. ON THE SURFACE, ADVERSE
FACTORS MAY APPEAR UNRELATED TO DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND MAY PRESENT
LEGITIMATE REASONS FOR DENIAL, TERMINATION, OR
EVICTION. HOWEVER, THE PRESENCE OF AN
ADVERSE FACTOR MAY BE DUE TO AN UNDERLYING EXPERIENCE OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING. AN ADVERSE FACTOR MAY BE
PRESENT DURING MUCH OF AN ABUSIVE RELATIONSHIP OR MAY
PRESENT ITSELF ONLY WHEN A VICTIM IS ATTEMPTING TO LEAVE
OR HAS LEFT THE ABUSIVE RELATIONSHIP. ON THE FOLLOWING SLIDES ARE
EXAMPLES TO GIVE PHAS AND OWNERS A SENSE OF THE MANY
INSTANCES IN WHICH ADVERSE FACTORS MIGHT BE THE DIRECT
RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING. PLEASE NOTE THAT THIS LIST IS
NEITHER EXHAUSTIVE NOR 12 DEFINITIVE. HERE WE HAVE FOUR EXAMPLES OF
ADVERSE FACTORS. THESE EXAMPLES ARE COVERED IN
GREAT DEPTH IN THE NOTICE AT SECTION 7.2. SO WE HAVE POOR CREDIT
HISTORY, POOR RENTAL HISTORY, CRIMINAL RECORD, AND FAILURE
TO PAY RENT. SO WHAT MAY LEAD TO A POOR
CREDIT HISTORY AS AN EXAMPLE? MAYBE FORCING A VICTIM TO
OBTAIN CREDIT, INCLUDING CREDIT CARDS FOR THE
PERPETRATOR’S USE. EARLY LEASE TERMINATION AND
OR SHORT LEASE TERMS MAY BE THE RESULT OF FLEEING
DOMESTIC VIOLENCE WHICH MAY RESULT IN POOR RENTAL
HISTORY. PROPERTY DAMAGE MAY HAVE
RESULTED FROM THE ABUSE OF THE VICTIM, AND A CRIMINAL
RECORD, AND A LOST WAGE OR LOST JOB MAY HAVE BEEN A
RESULT OF MISSING WORK TO ATTEND COURT HEARINGS, SEEK
COUNSELING, OR MEDICAL CARE, OR DEAL WITH OTHER
CONSEQUENCES OF THE CRIME. I RECOMMEND REVIEWING THE
NOTICE FOR MORE DETAIL AS SOME OF THE EXAMPLES MAY NOT
BE APPARENT TO THOSE OF US THAT MAY NOT HAVE EXPERIENCED
THIS TYPE OF VIOLENCE OR WORKED WITH THOSE THAT HAVE. MIRANDA, CAN YOU DISCUSS HOW
TO DETERMINE IF AN ADVERSE FACTOR IS A DIRECT RESULT OF
THE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING?>>YES. SO THAT BEGS THE QUESTION:
HOW DO I, THE PHA, OR OWNER, DETERMINE IF AN ADVERSE
FACTOR IS A DIRECT RESULT OF 13 DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING? TO TRIGGER THE DIRECT RESULT
ANALYSIS, IT IS THE RESPONSIBILITY OF THE
APPLICANT OR TENANT TO INFORM THE PHA OR OWNER THAT THEY
ARE A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, AND PROVIDE ENOUGH
INFORMATION FOR THE PHA OR OWNER TO MAKE A DETERMINATION
REGARDING THE ADVERSE FACTOR THEY ARE CLAIMING WAS A
DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING. AFTER THE PHA OR OWNER
RECEIVES THE INFORMATION, THE PHA OR OWNER SHOULD CONSIDER
THE INDIVIDUAL STATEMENT AND ANY POSSIBLE SUPPORTING
DOCUMENTATION IN DETERMINING IF AN ADVERSE FACTOR WAS A AS
A RESULT OF DATING VIOLENCE, SEXUAL VIOLENCE, ASSAULT OR
STALKING, IF THE PHA OR OR OWNER BELIEVES THE
INFORMATION IS NOT CLEAR IT SHOULD SPEAK TO THE VILLE AND
TRY TO CLARIFY THE INFORMATION. IF FURTHER INFORMATION IS
NECESSARY FOR THIS DETERMINATION, THE PHA OR
OWNER MAY REQUEST ADDITIONAL SUPPORTING DOCUMENTATION FROM
THE APPLICANT OR TENANT. HOWEVER, ANY REQUESTS FOR
ADDITIONAL DOCUMENTATION MUST BE IN ACCORDANCE WITH THE PHA
OR OWNER’S POLICES OR PRACTICES, NOT REQUIRED
EVIDENCE OF THE DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING, OTHER THAN AS SPECIFIED IN
24CFR5.2007. 14
YOU MAY ALSO SEE SECTION EIGHT OF THIS NOTICE. AND NOT BY WAY VAWA’S FINAL
RULES, CONFIDENTIALITY REQUIREMENTS, OR ANY OTHER
LAWS. IT IS IMPORTANT TO NOTE, AN
APPLICANT, TENANT OR PARTICIPANT FAILS TO REQUEST
VAWA PROTECTIONS, THE PHA OR OWNER IS NOT INDEPENDENTLY
REQUIRED TO IDENTIFY WHETHER ADVERSE FACTORS ARE THE
DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING. AFTER THE PHA OR OWNER HAS
RECEIVED THE INFORMATION FROM THE TENANT OR APPLICANT AND,
IF NECESSARY, CLARIFIED THIS INFORMATION WITH THE TENANT
OR APPLICANT, THE PHA OR OWNER MUST MAKE AN
OBJECTIVELY REASONABLE DETERMINATION BASED ON ALL
THE CIRCUMSTANCES, WHETHER THE ADVERSE FACTOR IS A
DIRECT RESULT OF THE FACT THAT THE APPLICANT OR
PARTICIPANT IS A VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING. PHAS AND OWNERS MUST NOTIFY
THE APPLICANT OR TENANT IF THE DENIAL, TERMINATION, OR
EVICTION IS NOT ON THE BASIS OR AS A DIRECT RESULT OF
BEING A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING. AND THE APPLICANT OR TENANT
IS THUS DENIED ADMISSION TO, DENIED ASSISTANCE UNDER,
TERMINATED FROM, PARTICIPATION IN, OR EVICTED
FROM THE HOUSING. AN APPLICANT OR TENANT THAT
DISAGREES WITH THE FINDING SHOULD USE THE PROGRAM’S 15
APPEAL PROCEDURES IF APPLICABLE. IN THE CASE OF A TERMINATION
OR EVICTION, PHAS AND OWNERS MUST COMPLY WITH THE
PROHIBITIONS WHICH SAY THAT THE COVERED HOUSING PROVIDER
MUST NOT SUBJECT THE TENANT WHO IS OR HAS BEEN A VICTIM
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING, OR IS AN AFFILIATED WITH INDIVIDUAL WHO IS OR HAS
BEEN A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING TO A MORE DEMANDING STANDARD
THAN OTHER TENANTS, IN DETERMINING WHETHER TO
EVICTOR TERMINATE ASSISTANCE. SO EVEN IF THE DIRECT RESULT
PROHIBITION DOES APPLY, THE PHA OR OWNER CANNOT USE THAT
VIOLATION TO TERMINATE OR EVICT A TENANT WHO IS A
VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING IF THE COVERED HOUSING PROVIDER DOES
NOT ORDINARILY TERMINATE OR EVICT TENANTS FOR THAT
VIOLATION. SO THAT CONCLUDES THE FIRST
PART OF OUR TRAINING. PLEASE STAY TUNED FOR PART
TWO.

Reynold King

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