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VAWA Reauthorization Guidance Part 2


THANKS FOR CONTINUING THE
TRAINING WITH PART TWO. AGAIN, TRAINING WAS BUILT
AROUND THE GUIDANCE IN PIH’S NOTICE 2017-08, PUBLISHED ON
MAY 19, 2017. AS SUCH, THE TRAINING AGENDA
FOLLOWS THE ORDER OF PIH NOTICE 2017-08 UNLESS WE SAY
OTHERWISE. 16
ANY TIME WE USE THE TERM NOTICE WE ARE REFERRING TO
THIS SPECIFIC PIH NOTICE ON VAWA. WE HAVE ALREADY GONE OVER THE
FIRST SEVEN CHAPTERS. NOW LET’S TAKE A LOOK AT THE
NEXT FOUR. SECTIONS 8-11 OF THE NOTICE. THE VAWA FINAL RULE HAS
SPECIFIC REQUIREMENTS FOR CERTIFICATION AND
DOCUMENTATION OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
DATING VIOLENCE, OR STALKING. THE NOTICE TRANSMITTED THE
CERTIFICATION FORM, CERTIFICATION OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING,
AND ALTERNATIVE DOCUMENTATION. ALSO REFERRED TO AS FORM HUD
5382. PHAS MUST INCLUDE HUD FORM
5382 WITH THE VAWA NOTICE OF OCCUPANCY RIGHTS, ALSO
REFERRED TO AS HUD 5380. THESE FORMS ARE AVAILABLE AT
HUD.GOV, BACK SLASH, HUD CLIPS. PLEASE NOTE THAT UNDER THE
MOD REHAB PROGRAM A PHA MAY PROVIDE FORM 5382 TO OWNERS
AND CHARGE OWNERS WITH DISTRIBUTING IT TO TENANTS
ALONG WITH THE VAWA NOTICE OF OCCUPANCY RIGHTS. PLEASE NOTE FORM HUD 50066,
CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, PREVIOUSLY USED FOR THE
PUBLIC HOUSING AND HOUSING CHOICE VOUCHER PROGRAMS TO
SERVE AS A MEANS OF DOCUMENTING THE INCIDENT OR
INCIDENTS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, 17 IS NOW OBSOLETE. NOW LET’S TAKE A LOOK AT THE
NEW HUD 5382 FORM. THE CERTIFICATION OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING,
AND ALTERNATIVE DOCUMENTATION. THE FORM STATES THAT VAWA2013
PROTECTS APPLICANTS, TENANTS AND PROGRAM PARTICIPANTS FROM
BEING EVICTED, DENIED ASSISTANCE OR TERMINATED FROM
HOUSING ASSISTANCE BASED ON AN ACT OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. IT IS AN OPTIONAL WAY FOR
VICTIMS TO COMPLY WITH A WRITTEN REQUEST FOR
DOCUMENTATION ABOUT THE INCIDENT OR INCIDENTS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING FOR THE PERSON SEEKING VAWA PROTECTIONS. IT ALLOWS THAT THE VICTIM OR
SOMEONE ON THE VICTIM’S BEHALF MAY COMPLETE THE FORM. IT INCLUDES A LIST OF THIRD
PARTY DOCUMENTATION TO SATISFY A REQUEST BY A PHA OR
OWNER FOR DOCUMENTATION. IT EXPLAINS THE TIME PERIOD
FOR RESPONDING TO A WRITTEN REQUEST FOR DOCUMENTATION,
DESCRIBES THE CONFIDENTIALITY PROTECTIONS UNDER VAWA,
REQUIRES THAT THE VICTIM OR SOMEONE FILLING OUT THE FORM
ON THE VICTIM’S BEHALF MUST ANSWER 10 NUMBERED QUESTIONS
AND PROVIDE A BRIEF DESCRIPTION OF THE INCIDENT. IT CLARIFIES THAT THE NAME OF
THE ACCUSED PERPETRATOR DOES NOT HAVE TO BE PROVIDED IF IT
IS UNKNOWN TO THE VICTIM OR IF IT CANNOT BE PROVIDED
SAFELY. 18
IT CLARIFIES THE DATE AND TIME OF THE INCIDENT, SHOULD
ONLY BE COMPLETED IF KNOWN BY THE VICTIM, AND IT REQUIRES
THE VICTIM OR SOMEONE FILLING ON THE THE FORM ON THE
VICTIM’S BEHALF TO CERTIFY TO THE TRUTH AND ACCURACY OF THE
INFORMATION BEING PROVIDED AND EXPLAINS THAT FALSE
INFORMATION COULD BE THE BASIS FOR DENIAL OF
ADMISSION, TERMINATION OF ASSISTANCE, OR EVICTION. HUD ENCOURAGES PHAS AND
OWNERS TO ADVISE THAT WHEN A PHA OR OWNER RECEIVES THE
FORM SUBMITTED ON THEIR BEHALF, SUCH SUBMISSION WILL
TAKE THE PLACE OF THEIR OWN STATEMENT. THUS, APPLICANTS, TENANTS OR
PROGRAM PARTICIPANTS SHOULD ENSURE TO THE EXTENT POSSIBLE
THAT THE INFORMATION IS ACCURATE AND COMPREHENSIVE. THE FORM HUD 5382 MUST BE
MADE AVAILABLE BY THE PHA IN MULTIPLE LANGUAGES,
CONSISTENT WITH HUD’S LIMITED ENGLISH PROFICIENCY GUIDANCE. CAN — YOU CAN FIND THE FORMS
VEIL ON HUD CLIPS, IN ARMENIAN, CAMBODIAN, CREOLE,
JAPANESE, KOREAN, LUO, MANDARIN, RUSSIAN, SPANISH,
THAI, AND VIETNAMESE. IN ADDITION, WHEN OBTAINING
INFORMATION THROUGH THE FORM AND CONSISTENT WITH CIVIL
RIGHTS REQUIREMENTS, PHAS MUST TAKE APPROPRIATE STEPS
TO ENSURE EFFECTIVE COMMUNICATION WITH
APPLICANTS, TENANTS AND PARTICIPANTS WITH
DISABILITIES THROUGH THE USE OF APPROPRIATE AUXILLARY
AIDS, SERVICES SUCH AS LARGE PRINT AND BRAILLE DOCUMENTS, 19
READERS, INTERPRETERS AND ACCESSIBLE ELECTRONIC
DOCUMENTS. PHAS MUST PROVIDE REASONABLE
ACCOMMODATIONS WHEN NECESSARY TO ALLOW TENANTS,
PARTICIPANTS, AND APPLICANTS WITH DISABILITIES TO EQUALLY
BENEFIT FROM VAWA PROTECTIONS, SUCH AS
PROVIDING INDIVIDUALIZED ASSISTANCE AND COMPLETING
FORMS. RYAN, COULD YOU GIVE US MORE
DETAIL ABOUT THE DIFFERENT TYPES OF DOCUMENTATION?>>SURE, I WOULD BE GLAD TO. HUD DOES NOT REQUIRE PHAS AND
OWNERS TO ASK FOR DOCUMENTATION, AND AS SUCH,
THEY MAY CHOOSE TO ACCEPT A VERBAL STATEMENT OR OTHER
CORROBORATING EVIDENCE. HUD RECOMMENDS THAT PHAS AND
OWNERS DEVELOP WRITTEN POLICES FOR HOW AND UNDER
WHAT CIRCUMSTANCES A VERBAL STATEMENT WILL BE ACCEPTED
SUCH AS WHEN THE PHA WAS AWARE OF THE ABUSE AND
ENCOURAGE THE VICTIM TO REQUEST VAWA PROTECTIONS. IT IS RECOMMENDED THAT IN
CASES WHERE PHA OR OWNER DECIDES TO RELY ON SUCH
INFORMATION, THE PHA OR OWNER DOCUMENT, IN A CONFIDENTIAL
MANNER, THE INDIVIDUAL’S VERBAL STATEMENT OR OTHER
CORROBORATING EVIDENCE. NOW LET’S TAKE A LOOK AT
REQUESTING DOCUMENTATION. IF THE PHA OR OWNER CHOOSES
TO REQUEST AN INDIVIDUAL TO DOCUMENT THEIR CLAIM OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING, THE PHA OR OWNER MUST MAKE SUCH REQUEST IN
WRITING. 20
SIMPLY PROVIDING THE VICTIM FORM HUD 5382 DOES NOT
CONSTITUTE A WRITTEN REQUEST FOR DOCUMENTATION UNLESS THE
FORM HUD 5382 IS ACCOMPANIED BY A DATED LETTER REQUESTING
DOCUMENTATION. WHEN A PHA OR OWNER REQUESTS
DOCUMENTATION, AN INDIVIDUAL MAY SATISFY THIS REQUEST BY
PROVIDING ANY ONE OF THE FOLLOWING DOCUMENTS, FORM HUD
5382, WHICH IS THE CERTIFICATION OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING,
AND ALTERNATIVE DOCUMENTATION, A DOCUMENT
THAT IS SIGNED BY AN EMPLOYEE, AGENT OR VOLUNTEER
OF A VICTIM SERVICE PROVIDER, AN ATTORNEY OR MEDICAL
PROFESSIONAL, OR A MENTAL HEALTH PROFESSIONAL FROM
WHICH THE VICTIM HAS SOUGHT ASSISTANCE. IT’S SIGNED BY THE APPLICANT
OR TENANT, AND IT SPECIFIES UNDER PENALTY OF PERJURY THAT
THE PROFESSIONAL BELIEVES IN THE OCCURRENCE OF THE
INCIDENT IS GROUNDS FOR VAWA PROTECTIONS AND THAT THE
INCIDENT MEETS THE HUD-DEFINED DEFINITION OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING. A RECORD OF A FEDERAL STATE
TRIBAL TERRITORIAL OR LOCAL LAW ENFORCEMENT AGENCY WHICH
MAY INCLUDE A POLICE REPORT, COURT OR ADMINISTRATIVE
AGENCY, OR AT THE DISCRETION OF THE COVERED HOUSING
PROVIDER, A STATEMENT OR OTHER EVIDENCE PROVIDED BY
THE APPLICANT OR TENANT. THE PHA OR OWNER MUST ACCEPT
ANY OF THE ABOVE ITEMS NOTE 21 ON THE SLIDE A-C AS PROVIDED
UNDER 24CFR5.2007. FOR EXAMPLE, FORM HUD 5382
MUST BE ACCEPTED IN LIEU OF ANY OF THE THIRD PARTY
DOCUMENTS OUTLINED ON THE SLIDE B OR C, IF THE
INDIVIDUAL CHOOSES TO SELF-CERTIFY THE PHA OR
OWNER’S REQUEST FOR DOCUMENTATION, AND THE
SUBMITTED DOCUMENTATION DOES NOT CONTAIN CONFLICTING
INFORMATION. GOING INTO MORE DETAIL,
REMEMBER, A PHA AND OWNER HAVE THE DISCRETION TO ACCEPT
THE STATEMENT OR OTHER EVIDENCE. HUD ENCOURAGES PHAS TO
DEVELOP WRITTEN POLICY AS TO WHETHER THEY WILL EXERCISE
DISCRETION. PHAS ARE ENCOURAGED TO NOTE
WHETHER STATEMENTS OR OTHER EVIDENCE WILL BE ACCEPTED. IF OTHER EVIDENCE WILL BE
ACCEPTED, HUD RECOMMENDS THAT THE PHA OR OWNER DEFINE
ACCEPTABLE EVIDENCE. THE PHA OR OWNER IS
PROHIBITED FROM REQUIRING THIRD PARTY DOCUMENTATION, OF
VICTIM’S STATUS EXCEPT AS OUTLINED IN 24CFR5.2007. AND DESCRIBED FURTHER IN
SECTION 8.2E OF THE VAWA NOTICE. GIVEN THE POSSIBLE
CONSEQUENCES TO BOTH THE VICTIM AND THE ALLEGED
PERPETRATOR OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING, IT IS IMPORTANT THAT ANY
ALLEGATIONS MADE BY ONE INDIVIDUAL AGAINST ANOTHER
ARE MADE WITH THE UNDERSTANDING THAT THERE ARE
CONSEQUENCES IF THE 22 ALLEGATIONS ARE FALSE. IN THIS REGARD, FORM HUD 5382
ADVISES THAT THE SUBMISSION OF FALSE INFORMATION MAY BE A
BASIS FOR DENIAL OF ADMISSION, TERMINATION OF
ASSISTANCE, OR EVICTION. MIRANDA, CAN YOU DISCUSS TIME
TO SUBMIT DOCUMENTATION?>>OKAY. NOW LET’S DISCUSS TIMELINES. WHEN REQUESTING
DOCUMENTATION, A PHA MAY REQUIRE SUBMISSION WITHIN 14
BUSINESS DAYS AFTER THE DATE THAT THE INDIVIDUAL RECEIVED
THE WRITTEN REQUEST. AFTER 14 DAYS, THE PHA OR
OWNER MAY EXTEND THIS TIME PERIOD AT ITS DISCRETION. SOME THINGS TO REMEMBER:
REQUESTS FOR DOCUMENTATION SHOULD BE MADE IN WRITING,
AND PHAS OR OWNERS ARE ENCOURAGED TO ACKNOWLEDGE
RECEIPT OF THE DOCUMENTATION IN A TIMELY MANNER. DURING THE 14 BUSINESS DAY
PERIOD, GRANT EXTENSIONS OF THAT TIME, NO ADVERSE ACTIONS
SUCH AS EVICTION OR TERMINATION CAN BE TAKEN
AGAINST THE INDIVIDUAL REQUESTING VAWA PROTECTION. FOR EXAMPLE, PHAS MUST NOT
SCHEDULE AN EVICTION, GRIEVANCE HEARING, INFORMAL
REVIEW, OR INFORMAL HEARING TO TAKE PLACE DURING THIS
TIME. IN DETERMINING WHETHER TO
EXTEND THE 14 BUSINESS DAY PERIOD, PHAS AND OWNERS ARE
ENCOURAGED TO CONSIDER FACTORS THAT MAY CONTRIBUTE
TO THE VICTIM’S INABILITY TO PROVIDE THE DOCUMENTATION IN
A TIMELY MANNER. THESE FACTORS MAY INCLUDE BUT
ARE NOT LIMITED TO 23 LIMITATIONS, DISABILITIES,
LIMITED ENGLISH PROFICIENCY, ABSENCE FROM THE UNIT DUE TO
HOSPITALIZATION OR TIME IN AN EMERGENCY SHELTER,
ADMINISTRATIVE DELAYS IN OBTAINING POLICE OR COURT
RECORDS, THE DANGER OF FURTHER VIOLENCE, AND THE
VICTIM’S NEED TO ADDRESS HEALTH OR SAFETY ISSUES. PHAS AND OWNERS MUST ALSO
GRANT REASONABLE ACCOMMODATIONS FOR PERSONS
WITH DISABILITIES. PLEASE NOTE THAT BECAUSE OF
THESE FACTORS, THE PHA OR OWNER MIGHT NOT BE CONTACTED
BY THE VICTIM WITH A REQUEST TO EXTEND THE 14 BUSINESS DAY
PERIOD UNTIL AFTER THE 14 BUSINESS DAY PERIOD HAS
PASSED. ONCE A VICTIM PROVIDES
DOCUMENTATION OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, THE PHA OR OWNER IS
ENCOURAGED TO ACKNOWLEDGE THE RECEIPT OF THE DOCUMENTATION
IN A TIMELY MANNER. IF THE APPLICANT OR TENANT
FAILS TO PROVIDE DOCUMENTATION THAT MEETS THE
CRITERIA WITHIN 14 BUSINESS DAYS AFTER RECEIVING THE
WRITTEN REQUEST FOR THAT DOCUMENTATION, OR WITHIN THE
DESIGNATED EXTENSION PERIOD, NOTHING IN THE VAWA FINAL
RULE LIMITS THE DENIAL OF ADMISSION BY THE APPLICANT OR
TENANT TO THE HOUSING OR PROGRAM. DENIAL OF ASSISTANCE UNDER
THE COVERED HOUSING PROGRAM TO THE APPLICANT OR TENANT,
TERMINATION OF THE PARTICIPATION OF THE TENANT
IN THE COVERED HOUSING 24 PROGRAM, OR EVICTION OF THE
TENANT OR A LAWFUL OCCUPANT THAT COMMITS A VIOLATION OF
THE LEASE. AN INDIVIDUAL’S FAILURE TO
TIMELY PROVIDE DOCUMENTATION DOES NOT RESULT IN A WAIVER
OF THE INDIVIDUAL’S RIGHT TO CHALLENGE THE DENIAL OF
ASSISTANCE OR TERMINATION, NOR DOES IT PRECLUDE THE
INDIVIDUAL’S ABILITY TO RAISE ANY INCIDENCE OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING AT
EVICTION OR TERMINATION PROCEEDINGS. IF THE PHA DENIES VAWA
PROTECTIONS, IT MUST STILL FOLLOW ITS ESTABLISHED
PROCEDURES FOR GRIEVANCE HEARINGS, INFORMAL HEARINGS
OR INFORMAL REVIEWS. WHEN AN APPLICANT OR TENANT
REQUESTS PROTECTION UNDER VAWA, THE VAWA FINAL RULE
ALLOWS BUT DOES NOT REQUIRE THE COVERED HOUSING PROVIDER
TO REQUIRE THE APPLICANT OR TENANT TO SUBMIT
DOCUMENTATION OF STATUS. THAT THE APPLICANT OR TENANT
IS OR HAS AN VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT OR STALKING. HOWEVER, THE VAWA FINAL RULE
PROHIBIT AS COVERED HOUSING PROVIDER FROM REQUIRING THE
VICTIM TO PROVIDE THIRD PARTY DOCUMENTATION OF VICTIM’S
STATUS — UNLESS UNDER THESE TWO CIRCUMSTANCES: A, MORE
THAN ONE APPLICANT OR TENANT PROVIDES DOCUMENTATION TO
SHOW THEY ARE VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT OR STALKING, AND THE INFORMATION
IN ONE PERSON’S DOCUMENTATION 25 CONFLICTS WITH THE
INFORMATION IN ANOTHER PERSON’S DOCUMENTATION. OR, B, SUBMITTED
DOCUMENTATION CONTAINS INFORMATION THAT CONFLICTS
WITH EXISTING INFORMATION ALREADY AVAILABLE TO THE PHA
OR OWNER. IN THESE CIRCUMSTANCES OF
CONFLICTING DOCUMENTATION, WE, AGAIN, REFER BACK TO THE
REGULATIONS FOR DOCUMENTATION AT 24CFR5.2007B1. FOR A LIST OF CRITERIA, AN
APPLICANT OR TENANT MAY SUBMIT TO MEET THE THIRD
PARTY DOCUMENTATION REQUEST. NOTE, ON THE LIST, YOU WILL
NOT FIND FORM HUD 5382, SINCE 5382 IS SELF-CERTIFIED, THE
A-C DOCUMENTS WILL SIT HERE, MAY BE USED TO SATISFY A
REQUEST FOR THIRD PARTY DOCUMENTATION, AND REMEMBER,
THIS IS ONLY WHEN THERE ARE CASES OF CONFLICTING
DOCUMENTATION AS MENTIONED IN THE PREVIOUS SLIDE. THE APPLICANTS OR TENANTS
MUST BE GIVEN 30 CALENDAR DAYS FROM THE DATE OF THEIR
REQUEST TO PROVIDE SUCH DOCUMENTATION. PLEASE TAKE NOTE THAT IF AN
APPLICANT OR TENANT RESPONDS WITH A THIRD PARTY
DOCUMENTATION THAT MEETS THE CRITERIA ABOVE AND SUPPORTS
THE APPLICANT OR TENANT’S VAWA REQUEST, THE PHA OR
OWNER IS PROHIBITED FROM REQUIRING FURTHER
DOCUMENTATION OF THE APPLICANT OR TENANT STATUS AS
A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING. HOWEVER, IF AN APPLICANT OR
TENANT DOES NOT SUBMIT ANY 26 THIRD PARTY DOCUMENTATION
WITHIN THE REQUIRED TIME PERIOD OR SUBMITS
DOCUMENTATION THAT DOES NOT MEET THE CRITERIA ABOVE, THE
PHA OR OWNER MAY BUT IS NOT REQUIRED TO ACCEPT THAT
APPLICANT OR TENANT’S ASSERTION OF VICTIM’S STATUS
FOR THE PURPOSE OF VAWA PROTECTION. FOR THE PURPOSES OF PROVIDING
VAWA PROTECTION, SATISFYING THE DOCUMENTATION
REQUIREMENTS AS PREVIOUSLY MENTIONED RESOLVES THE
QUESTION OF WHETHER THE APPLICANT OR TENANT IS A
VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT OR STALKING. PLEASE NOTE THAT IN THE CASES
OF CONFLICTING DOCUMENTATION BETWEEN TWO TENANTS, IF ONE
TENANT SUBMITS A COURT ORDER ADDRESSING RIGHTS OF ACCESS
OR CONTROL OF PROPERTY, SUCH AS A PROTECTION ORDER
GRANTING THE VICTIM EXCLUSIVE POSSESSION OF THE UNIT, THE
PHA OR OWNER MUST HONOR THIS COURT ORDER. WHEN REQUESTING THIRD PARTY
DOCUMENTATION, THE PHA IS ENCOURAGE TO PROVIDE CONTACT
INFORMATION FOR LOCATION DOMESTIC VIOLENCE AGENCIES SO
THAT THE APPLICANTS OR TENANTS CAN SEEK SERVICES AND
PLAN FOR THEIR SAFETY. ADDITIONALLY, IT MAY BE
HELPFUL TO INCLUDE CONTACT INFORMATION FOR THOSE LEGAL
AID OFFICES WHICH MAY BE ABLE TO ASSIST IN PROVIDING
APPROPRIATE REFERRALS, OBTAINING RESTRAINING ORDERS
AND PENSION FOR GRIEVANCE HEARINGS. IF THE PHA OR OWNER REQUESTS 27
BUT DOES NOT RECEIVE THIRD PARTY DOCUMENTATION, THE PHA
OR OWNER HAS THE OPTION TO DENY VAWA PROTECTIONS AND
MUST NOTIFY THE APPLICANT OR TENANT. IF THIS RESULTS IN A TENANT
BEING TERMINATED FROM ASSISTANCE, THE PHA MUST HOLD
A SEPARATE INFORMAL GRIEVANCE HEARING IN PUBLIC HOUSING OR
AN INFORMAL HEARING IN HOUSING CHOICE VOUCHER FOR
THE TENANT. WHEN DENYING VAWA
PROTECTIONS, THE PHA OR OWNER MUST ENSURE THAT IT COMPLIES
WITH PIH NOTICE 2015-19, WHICH IS GUIDANCE FOR PUBLIC
HOUSING AGENCIES AND OWNERS OF FEDERALLY ASSISTED HOUSING
ON EXCLUDING THE USE OF ARREST RECORDS IN HOUSING
DECISIONS. ALTERNATIVELY, THE PHA MAY
HAVE A FAMILY BREAK-UP POLICY ALLOWING FOR ASSISTANCE TO BE
PROVIDED TO BOTH PERSONS SEEKING VAWA PROTECTIONS. HERE IS AN EXAMPLE WHERE A
PHA OR OWNER MAY REQUEST THIRD PARTY DOCUMENTATION. A TWO PERSON HOUSEHOLD WAS
NOTIFIED BY AN OWNER THAT THEY WERE BEING EVICTED FROM
THEIR UNIT DUE TO A HISTORY OF NEIGHBORS HAVING TO CALL
THE POLICE FOR LOUD DISTURBANCES COMING FROM THE
TENANT HOUSEHOLD’S UNIT. IN VIOLATION OF THEIR NOISE
PROVISION IN THEIR LEASE. EACH MEMBER OF THE TENANT
HOUSEHOLD PROVIDED CERTIFICATION TO THE OWNER
THAT THEY ARE THE VICTIM OF DOMESTIC VIOLENCE AND THE
DISTURBANCES AROSE FROM THE PARTNER’S ABUSE. THE OWNER HAS A POLICY OF 28
REQUESTING THIRD PARTY DOCUMENTATION WHEN THEY ARE
CONFLICTING CERTIFICATIONS. THUS, THE OWNER REQUESTS
THIRD PARTY DOCUMENTATION INDIVIDUALLY FROM BOTH
MEMBERS OF THE HOUSEHOLD. WITHIN 30 CALENDAR DAYS, THE
OWNER RECEIVES THIRD PARTY CERTIFICATION FROM ONLY ONE
MEMBER OF THE HOUSEHOLD. THE OWNER TREATS THE
HOUSEHOLD MEMBER THAT SUBMITS THIRD PARTY DOCUMENTATION AS
A VICTIM OF DOMESTIC VIOLENCES FOR PURPOSES OF
VAWA AND NOTIFIES THE OTHER HOUSEHOLD MEMBER WHO DID NOT
SUBMIT THIRD PARTY DOCUMENTATION THAT THE OWNER
HAS DENIED VAWA PROTECTIONS FOR THE OTHER HOUSEHOLD
MEMBER. THE OWNER MUST NOTIFY THE
HOUSEHOLD MEMBER BEING TERMINATED FROM ASSISTANCE
AND HOLD THE APPROPRIATE HEARING. PLEASE NOTE, PERPETRATORS
SOMETIMES OBTAIN TEMPORARY RESTRAINING ORDERS OR FILE
POLICE REPORTS AGAINST VICTIMS AS A FORM OF
RETALIATION. FURTHER, MANY VICTIMS ARE
UNABLE TO TIMELY ACCESS THE COURTS OR LAW ENFORCEMENT DUE
TO LANGUAGE BARRIERS, INCIDENT, CULTURAL NORMS, OR
FEAR FOR THEIR SAFETY. AS A RESULT, THE FACT THAT
ONLY ONE PARTY SUBMITTED THIRD PARTY DOCUMENTATION IS
NOT ALWAYS RELIABLE INDICATORS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. ADDITIONALLY, AN INDIVIDUAL
MAY SATISFY A REQUEST FOR VICTIM STATUS DOCUMENTATION 29
BY SUBMITTING ANY DOCUMENT THAT MEETS THE CRITERIA UNDER
24CFR5.2007B1. THIS IS AN IMPORTANT NOTE TO
ELABORATE ON. THE PHA OR OWNER MUST ACCEPT
THE SUBMITTED DOCUMENTATION AND IS PROHIBITED FROM
SEEKING ADDITIONAL DOCUMENTATION OF VICTIM
STATUS UNLESS THE SUB MOUNTAINED DOCUMENTATION DOES
NOT MEET THE CRITERIA IN THE VAWA RULE OR THE SUBMITTED
DOCUMENTATION CONTAINS CONFLICTING INFORMATION,
INCLUDING CONFLICTING CLAIMS BETWEEN THE TWO PARTIES AS
DISCUSSED IN THE EXAMPLE. ADDITIONALLY, PHAS AND OWNERS
ARE PROHIBITED FROM CONDUCTING FURTHER FACT
FINDING FOR THE PURPOSE OF TRYING TO VERIFY THE VALIDITY
OF AN APPLICANT OR TENANT’S VICTIM STATUS. FOR EXAMPLE, PHAS AND OWNERS
ARE PROHIBITED FROM CONDUCTING INTERVIEWS WITH
NEIGHBORS OR EMPLOYERS TO DETERMINE IF THE APPLICANT OR
TENANT IS REALLY A VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING. DOING SO WOULD BE IN
VIOLATION OF THE DOCUMENTATION REQUIREMENTS OF
THE VAWA FINAL RULE AND MAY RESULT IN VIOLATION OF THE
VICTIM’S CONFIDENTIALITY REQUIREMENTS OF THE VAWA
FINAL RULE. HOWEVER, IF THE PHA OR OWNER
ALREADY HAS OR REGULARLY RECEIVES RELIABLE INFORMATION
THAT CONFLICTS WITH THE SUBMITTED DOCUMENTATION, THE
PHA MAY REQUIRE THIRD PARTY DOCUMENTATION OF VICTIM 30
STATUS BASED ON INFORMATION OUTSIDE OF THE SUBMITTED
DOCUMENTATION. EXAMPLES OF RELIABLE
INFORMATION MIGHT INCLUDE SURVEILLANCE FOOTAGE, POLICE
REPORTS, AND OTHER VERIFIABLE INFORMATION. THIS INFORMATION MUST NOT BE
COLLECTED FOR THE PURPOSES OF DISCREDITING CLAIMS FOR VAWA
PROTECTIONS, BUT MAY BE COLLECTED FOR OTHER
LEGITIMATE REASONS, SUCH AS ADDRESSING SAFETY IN THE
COMMUNITY. IF THE APPLICANT OR TENANT
SUBSEQUENTLY DOES NOT SUBMIT THIRD PARTY DOCUMENTATION OR
ONLY SUBMITS THIRD PARTY DOCUMENTATION THAT CONTAINS
CONFLICTING INFORMATION, THE PHA OR OWNER HAS THE OPTION
TO DENY VAWA PROTECTIONS AND MUST NOTIFY THE APPLICANT OR
TENANT. GIVEN THE POSSIBLE
CONSEQUENCES TO BOTH THE VICTIM AND THE ALLEGED
PERPETRATOR OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING, IT IS IMPORTANT THAT ANY
ALLEGATIONS MADE AGAINST ONE INDIVIDUAL AGAINST ANOTHER
ARE MADE WITH THE UNDERSTANDING THAT THERE ARE
CONSEQUENCES IF THE ALLEGATIONS ARE FALSE. TO THIS END, FORM HUD 5382
ADVISES THAT THE SUBMISSION OF FALSE INFORMATION MAY BE
THE BASIS FOR DENIAL OF ADMISSION, TERMINATION OF
ASSISTANCE, OR EVICTION. THE VAWA REGULATIONS INCLUDE
MANDATORY POLICES THAT MUST BE INCLUDED IN APPLICABLE
POLICY DOCUMENTS. THE VAWA GUIDANCE WALKS 31
THROUGH WHAT INFORMATION MUST BE INCLUDED IN BOTH PUBLIC
HOUSING AND HOUSING CHOICE VOUCHER WRITTEN POLICES. THIS CHAPTER AND THE
PRESENTATION WILL GO INTO DETAIL ABOUT EACH OF THESE
PROGRAM DOCUMENTS AND AT THE END OF THE PRESENTATION, AND
IN APPENDIX ONE, HUD HAS PROVIDED A HELPFUL CHART TO
SUMMARIZE VAWA MANDATORY AND DISCRETIONARY POLICES. LET’S BEGIN WITH THE FIVE
YEAR AND ANNUAL PLANS. PHAS ARE REQUIRED TO INCLUDE
A BRIEF DESCRIPTION IN THEIR ANNUAL PLAN AS APPLICABLE AND
FIVE YEAR PLAN OF GOALS, ACTIVITIES, OBJECTIVES,
POLICES, PROGRAMS, OR SERVICES FOR CHILD AND ADULT
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING. THE VAWA FINAL RULE DID NOT
CHANGE THIS REQUIREMENT. PLEASE BE AWARE THAT THE
AVAILABILITY OF NEW PHA ANNUAL AND FIVE YEAR PLAN
TEMPLATE THAT INCLUDE PROVISIONS OF THE VAWA2013
WERE FIRST MADE AVAILABLE THROUGH NOTICE PIH 2015-18. HUD ENCOURAGES REFERENCE TO
THE PHA’S EMERGENCY TRANSFER PLAN AND ALL PHAS ARE
REQUIRED TO SUBMIT A FIVE YEAR PLAN FOR HUD’S APPROVAL,
NTW AGENCIES, OR MOVE TO WORK PHAS ARE EXEMPTED. TO PHAS WHO SUBMIT AN ANNUAL
PLAN, PLEASE NOTE THE ANNUAL PHA PLAN TEMPLATES REQUIRE
PHAS TO REPORT ANY CHANGES TO THE PLAN ELEMENTS WHICH
INCLUDE VAWA. SPECIFICALLY UNDER THE SAFETY
AND CRIME PREVENTION ELEMENT. THE FOLLOWING LIST OF 32
ELEMENTS MUST BE INCLUDED. A STATEMENT OF ANY DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
PREVENTION PROGRAMS. A DESCRIPTION OF ANY
ACTIVITIES, SERVICES, OR PROGRAMS PROVIDED OR OFFERED
BY THE AGENCY EITHER DIRECTLY OR IN PARTNERSHIP WITH OTHER
SERVICE PROVIDERS TO CHILD OR ADULT VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING, A
DESCRIPTION OF ANY ACTIVITY, SERVICES OR PROGRAMS PROVIDED
OR OFFERED BY THE PHA THAT HELPED CHILD AND ADULT
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT OR STALKING TO OBTAIN AND MAINTAIN HOUSING. A DESCRIPTION OF ANY
ACTIVITY, SERVICES, OR PROGRAMS PROVIDED OR OFFERED
BY A PHA TO PREVENT DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT OR STALKING, OR TO ENHANCE VICTIM’S SAFETY
IN ASSISTED FAMILIES. WHILE PHAS ARE NOT REQUIRED
TO PROVIDE SERVICES OR ACTIVITIES BEYOND THE VICTIM
PROTECTIONS AND REMEDIES INCLUDED IN THE VAWA FINAL
RULE, HUD ENCOURAGES PHAS TO DEVELOP STRATEGIES AND
RELATIONSHIPS WITH COMMUNITY ORGANIZATIONS, DOMESTIC
VIOLENCE VICTIM ADVOCATES, AND LOCAL LAW ENFORCEMENT TO
PROVIDE SERVICES AND RESOURCES TO VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING AS DESCRIBED IN DETAIL IN SECTION 14 OF THIS
NOTICE. FOR EXAMPLE, A PHA MAY
PARTNER WITH A LOCAL DOMESTIC 33 VIOLENCE SERVICE PROVIDER TO
OFFER A WORKSHOP TO EDUCATE TENANTS AND PARTICIPANTS
ABOUT THEIR VAWA RIGHTS OR OTHER RIGHTS AVAILABLE TO
TENANTS AND PARTICIPANTS UNDER STATE AND LOCAL
DOMESTIC VIOLENCE LAWS OR PROGRAMS. IF THE PHA SO CHOOSES TO
PARTNER WITH DOMESTIC VIOLENCE SERVICE PROVIDER,
HUD RECOMMENDS THESE SERVICES AND ACTIVITIES SHOULD BE
INCLUDED IN THE ANNUAL PLAN AS APPLICABLE IN THE FIVE
YEAR PLAN. RYAN, CAN YOU WALK US THROUGH
THE APPLICABILITY OR EXCLUSION OF SUCH
REQUIREMENTS FOR CERTAIN PHAS?>>ABSOLUTELY. OKAY. SO HERE WE HAVE A CHART
BROKEN OUT BY QUALIFIED SMALL HVC ONLY AND NTW PHAS AND THE
IMPACT THEIR DITION NATION HAS ON THE REQUIREMENT TO
COMPLY WITH THE ANNUAL PLAN SUBMISSION REQUIREMENTS OF
VAWA. WHILE QUALIFIED PHAS MUST
COMPLY WITH FIVE YEAR PLAN SUBMISSION REQUIREMENTS,
NOTHING IN VAWA 2013 OR IN THE VAWA FINAL RULE
SUPERCEDES THE SMALL PUBLIC HOUSING AUTHORITY’S PAPERWORK
REDUCTION ACT EXEMPTION OF QUALIFIED PHAS FROM PREPARING
AND SUBMITTING AN ANNUAL PLAN. AS SUCH, QUALIFIED PHAS ARE
NOT REQUIRED TO COMPLY WITH THE ANNUAL PLAN SUBMISSION
REQUIREMENTS OF VAWA. PHAS THAT MEET THE DEFINITION
TESTIFY SMALL PHA AND ARE USING THE STREAMLINED ANNUAL 34
PHA PLAN TEMPLATE ARE NOT REQUIRED TO SUBMIT THE VAWA
ANNUAL PLAN INFORMATION. HOUSING CHOICE VOUCHER ONLY
PHAS USING THE STREAMLINED ANNUAL PHA PLAN TEMPLATE FOR
PHAS THAT ONLY ADMINISTRATOR IN HOUSING CHOICE VOUCHER
PROGRAM ARE NOT REQUIRED TO SUBMIT THE VAWA ANNUAL PLAN
INFORMATION. FINALLY, PHAS THAT
PARTICIPATE IN THE MOVING TO WORK DEMONSTRATION ARE NOT
REQUIRED TO COMPLETE THE ANNUAL AND FIVE YEAR PHA VAWA
REQUIREMENTS. INSTEAD, NTW PHAS COMPLETE
ANNUAL PLANS AND REPORTS AS REQUIRED IN HUD FORM 509000. NTW PHAS MUST COMPLY WITH
REQUIREMENTS OF VAWA. THE ADMINISTRATIVE PLAN. THE ADMINISTRATIVE PLAN
STATES PHA POLICY ON MATTERS FOR WHICH THE PHA HAS
DISCRETION TO ESTABLISH LOCAL POLICES. PHAS MUST INCLUDE IN THE
ADMINISTRATIVE PLAN ANY LOCAL PHA POLICES REGARDING
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING THAT ARE NOT ALREADY EXPLICITLY REQUIRED BY THE
VAWA FINAL RULE. THE VAWA FINAL RULE RETAINS
THE PROVISIONS OF HUD’S REGULATIONS IMPLEMENTING
VAWA2005 WHICH REQUIRES THE PROTECTION OF DOMESTIC
VIOLENCE, STATINGO DATING VIOLENCE OR STALKING MUST BE
INCLUDED IN HOUSING CHOICE VOUCHER TENANCY ADDENDUM AND
HOUSING PAYMENTS CONTRACT. SEE 24CFR5.2005A4. THE HOUSING CHOICE VOUCHER
TENANCY ADDENDUM FORM HUD 52641A FOR TENANT BASED 35
ASSISTANCE, FORM 52530C FOR PROJECT BASED ASSISTANCE, THE
HAP CONTRACT FOR TENANT BASED ASSISTANCE, FORM HUD 52641,
AND THE PBV HAP CONTRACT FORM HUD 52530A AND 5253OB WILL BE
REVISED TO INCLUDE THE UPDATED PROVISIONS OF 24CFR
PART FIVE, SUBPART L. THE HAP CONTRACT FOR
MANUFACTURED HOME SPACE RENTAL OR FORM HUD 52642 DOES
NOT CURRENTLY INCLUDE VAWA PROVISIONS AND WILL BE
REVISED AT A LATER DATE TO INCLUDE THE PROVISIONS. PHAS CONTINUE TO USE THE
CURRENT VERSION OF THESE FORMS UNTIL THE HUD UPDATE IS
COMPLETE. PHAS DO NOT AUTHORIZE THESE
FORMS OR ADD THEIR OWN ADDENDUM TO THE HAP CONTRACT
OR TENANCY ADDENDUM IN THE INTERIM. MIRANDA, CAN YOU PROVIDE
PUBLIC HOUSING CONTEXT TO THE DOCUMENTATION REQUIREMENTS?>>PUBLIC HOUSING IS TWO MAIN
DOCUMENTS ASSOCIATED WITH VAWA REPORTING. FIRST, THE ADMISSIONS AND
CONTINUED OCCUPANCY PLAN, OR ACOP, A PHAS’S ACOP STATES
THE PHA’S POLICY ON MATTERS FOR WHICH THE PHA HAS
DISCRETION TO ESTABLISH LOCAL POLICES. PHAS MUST THEREFORE INCLUDE
IN THE ACOP ANY PHA POLICES REGARDING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, THAT
ARE NOT ALREADY EXPLICITLY REQUIRED BY VAWA FINAL RULE
AND FURTHER EXPLAINED IN THIS GUIDANCE. SECOND, THE PUBLIC HOUSING
LEASE, THE VAWA FINAL RULE RETAINS THE PRICES OF HUD’S 36
REGULATIONS IMPLEMENTING VAWA 2005 WHICH REQUIRES THAT A
DESCRIPTION OF SPECIFIC PROTECTIONS AFFORDED TO
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE OR STALKING
MUST BE INCLUDED IN THE PUBLIC HOUSING LEASE. PHAS MUST ENSURE THAT PUBLIC
HOUSING LEASES CONTAIN THE UPDATED PROVISIONS OF THE
VAWA FINAL RULE, INCLUDING DEFINITIONS, VAWA
PROTECTIONS, DOCUMENTING THE OCCURRENCE OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKINGS,
AND REMEDIES AVAILABLE TO VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AS
APPLICABLE TO THE PUBLIC HOUSING PROGRAM, INCLUDING
EMERGENCY TRANSFERS. PHAS ARE ENCOURAGED TO
INCLUDE IN THE LEASE ANY ADDITIONAL PROTECTIONS MADE
AVAILABLE TO VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING. THE VAWA FINAL RULE ALSO
REVISES THE REQUIREMENTS FOR THE NOTICE OF VAWA RIGHTS AND
INCLUDES A NOTIFICATION OF OCCUPANCY RIGHTS UNDER THE
VIOLENCE AGAINST WOMEN ACT, ALSO REFERRED TO AS HUD FORM
5380, AND JUST SIMPLY NOTICE OF OCCUPANCY RIGHTS. THE VAWA NOTICE OF OCCUPANCY
RIGHTS IS FOR USE BY ALL HUD-COVERED PROGRAMS,
INCLUDING PUBLIC HOUSING, HOUSING CHOICE VOUCHER, AND
PROJECT-BASED VOUCHER. PLEASE TAKE NOTES, PHAS, NOT
OWNERS, ARE THE COVERED HOUSING PROVIDER RESPONSIBLE
FOR THIS ACTIVITY. 37
HOWEVER, UNDER THE MILITARY OD REHAB PROGRAM THE PHA MAY
PROVIDE THE VAWA NOTICE OF OCCUPANCY RIGHTS TO OWNERS
AND CHARGE OWNERS WITH DISTRIBUTING THE NOTICE AND
FORM TO TENANTS. PHAS MUST ISSUE THE VAWA
NOTICE OF OCCUPANCY RIGHTS WITHOUT CHANGES TO THE CORE
PROTECTIONS AND CONFIDENTIALITY RIGHTS IN THE
NOTICE. AND THEY MUST CUSTOMIZE TO
REFLECT THE SPECIFIC ASSISTANCE PROVIDED UNDER THE
PARTICULAR COVERED HOUSING PROGRAM AND TO THEIR PROGRAM
OPERATIONS THAT MAY PERTAIN TO OR AFFECT WHAT IS INCLUDED
IN THE VAWA NOTICE OF OCCUPANCY RIGHTS. AGAIN, THIS FORM CAN BE FOUND
ON HUD.GOV, BACK SLASH, HUD CLIPS, AND IT MUST BE MADE
AVAILABLE IN MULTIPLE LANGUAGES WHICH ARE ALSO
PROVIDED THERE. FORM 5382, THE VAWA NOTICE OF
OCCUPANCY RIGHTS, MUST BE PROVIDED TO ADULT APPLICANTS
OF PUBLIC HOUSING, HOUSING CHOICE VOUCHER, AND
PROJECT-BASED VOUCHER PROGRAMS, AND EACH ADULT
TENANT OF PUBLIC HOUSING, HOUSING CHOICE VOUCHER AND
PROJECT-BASED VOUCHER, ADULT PARTICIPANTS. PLEASE BE AWARE, THE TIMES
FOR THE NOTIFICATION OF OCCUPANCY RIGHTS HAS CHANGED
FOR PHAS. THE FINAL RULE NOW REQUIRES
THAT THE VAWA NOTICE OF OCCUPANCY RIGHTS, HUD FORM
5380, MUST BE PROVIDED NO LATER THAN EACH OF THE
FOLLOWING TIMES. FOR APPLICABLE APARTMENTS, 38
THE FORM MUST BE PROVIDED TWO TIMES: AT THE TIME AN
INDIVIDUAL IS ADMITTED TO THE PROGRAM, AND AT THE TIME AN
APPLICANT IS DENIED ASSISTANCE OR ADMISSION. FOR CURRENT TENANTS OR
PARTICIPANTS, THE FORM MUST BE PROVIDED WITH ANY PHA
NOTIFICATION OF EVICTION, OF TERMINATION OF ASSISTANCE,
AND BY DECEMBER 16, 2017. THIS MEANS THAT PHAS HAVE A
FULL YEAR AFTER THE FINAL RULE WAS PUBLISHED TO
ADMINISTRATOR THIS FORM. SO PHAS WILL EITHER HAVE TO
GIVE THE FORM OUT DURING THE PHA ANNUAL RECERTIFICATION OR
LEASE RENEWAL PROCESS OR IF THERE WILL BE NO
RECERTIFICATION OR THEIR LEASE RENEWAL DURING THE
FIRST YEAR, THE PHA MUST DISTRIBUTE THROUGH OTHER
MEANS AS DETERMINED BY THE PHA.>>THANKS MIRANDA. LET’S
BEGIN TO LOOK AT VICTIM CONFIDENTIALITY. IT IS CRITICAL THAT COVERED
HOUSING PROVIDERS ESTABLISH OR UPDATE EXISTING POLICES TO
MAINTAIN THE CONFIDENTIALITY AND PRIVACY OF VICTIMS WHO
SEEK PROTECTIONS UNDER THE VAWA FINAL RULE. GIVEN THE SIGNIFICANT SAFETY
ISSUES FACED BY VICTIMS. THE VAWA FINAL RULE CLARIFIES
THAT ANY INFORMATION SUBMITTED TO A COVERED
HOUSING PROVIDER INCLUDING THE FACT THAT AN INDIVIDUAL
IS A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING MUST BE MADE IN CONFIDENCE BY
THE COVERED HOUSING PROVIDER. THEREFORE, EMPLOYEES OF THE 39
PHA OR OWNER OR THOSE WHO ADMINISTRATOR ASSISTANCE ON
THEIR BEHALF SUCH AS CONTRACTORS MUST NOT HAVE
ACCESS TO THE INFORMATION UNLESS EXPLICITLY AUTHORIZED
BY THE PHA OR OWNER FOR THE REASONS THAT SPECIFICALLY
CALL FOR THESE INDIVIDUALS TO HAVE ACCESS TO SUCH
INFORMATION UNDER APPLICABLE FEDERAL, STATE OR LOCAL LAW. FOR EXAMPLE, THE INFORMS IS
NEEDED BY A PHA EMPLOYEE TO PROVIDE THE VAWA PROTECTIONS
TO THE VICTIM, AND B, THE PHA OR OWNER MUST NOT ENTER THIS
INFORMATION INTO ANY SHARED DATABASE OR DISCLOSE THIS
INFORMATION TO ANY OTHER ENTITY OR INDIVIDUAL. FOR EXAMPLE, A PROSPECTIVE
OWNER OF PARTICIPANT’S UNIT. EXCEPT TO THE EXTENT
DISCLOSURE IS, ONE, REQUESTED OR CONSENTED TO IN WRITING BY
THE INDIVIDUAL, THE VICTIM, IN A TIME-LIMITED RELEASE,
TWO, REQUIRED FOR TWO IN AN EVICTION PROCEEDING OR
HEARING REGARDING TERMINATION OF ASSISTANCE FROM THE
COVERED PROGRAM, OR, THREE, OTHERWISE REQUIRED BY
APPLICABLE LAW. THE PROHIBITION AGAINST
ENTERING THIS INFORMATION INTO ANY SHARED DATABASE DOES
NOT PRECLUDE A PHA OR OWNER FROM ENTERING THIS
INFORMATION INTO A DATABASE SYSTEM USED BY THE PHA OR
OWNER THAT MEETS ALL REQUIREMENTS FOR SECURING
SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION, OR
PII, INCLUDING THE PRIVACY ACT OF 1974, AS LONG AS THE
REQUIREMENTS LISTED PREVIOUSLY AND PROVIDED AT 40
24CFR5.2007C ARE ALSO MET. FOR EXAMPLE, THE VICTIM
CONSENTS TO IN WRITING IN A TIME-LIMITED RELEASE. FOR ADDITIONAL GUIDANCE ON
MAINTAINING CONFIDENTIALITY, SEE NOTICE PIH 2015-6. HUD PRIVACY PROTECTIONS
GUIDANCE FOR THIRD PARTIES. WHEN COMMUNICATING WITH AN
APPLICANT, PARTICIPANT OR TENANT WHO HAS REQUESTED VAWA
PROTECTIONS, THE COVERED HOUSING PROVIDER MUST TAKE
PRECAUTION TO AVOID INADVERTENT DISCLOSURE OF
CONFIDENTIAL INFORMATION TO ANOTHER INDIVIDUAL OR ENTITY
IN VIOLATION OF THE REGULATION. UNLESS GIVEN PERMISSION FROM
THE VICTIM TO DO SO, THE PHA OR OWNER MUST NOT LEAVE A
MESSAGE THAT CONTAINS CONFIDENTIAL INFORMATION OR
REFER TO VAWA, THE VAWA PROTECTIONS, OR THE DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
ON THE VICTIM’S VOICE MAIL SYSTEM, OR WITH OTHER
INDIVIDUALS, INCLUDING MEMBERS OF THE VICTIM’S
HOUSEHOLD. FOR EXAMPLE, ASKING THE
VICTIM TO COME TO THE PHA TO PICK UP FORM HUD 5382. LEAVING A VOICE MAIL
REQUESTING THAT THE VICTIM CONTACT THE PHA OR OWNER
WITHOUT REFERENCING VAWA, VAWA PROTECTIONS, OR DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING IS
NOT PROHIBITED. A BEST PRACTICE IS FOR PHAS
OR OWNERS NOT TO SEND MAIL REGARDING THE DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 41
TO THE VICTIM’S ADDRESS IF THE PERPETRATOR MAY HAVE
ACCESS TO THE VICTIM’S MAIL. FOR EXAMPLE, A COVERED
HOUSING PROVIDER MAY NOT SEND A WRITTEN REQUEST TO COMPLETE
HUD 5382, OR EXTENSION OF THE 14 BUSINESS DAYTIME FRAME TO
RESPOND TO THE PHA’S REQUEST FOR DOCUMENTATION THROUGH THE
MAIL AS A PERPETRATOR MAY BE THE CO-HEAD OF THE HOUSEHOLD
OR EMPLOYED AT THE RESIDENCY OF THE VICTIM. THE VAWA FINAL RULE IS SILENT
ON HOW A PHA OR OWNER IS TO BALANCE THE CONFIDENTIALITY
REQUIREMENTS IN THE REGULATION WITH THE
REQUIREMENTS AT 24CFR5.2007A WHEN REQUESTING DOCUMENTATION
OF OCCURRENCE OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING IN WRITING. PHAS AND OWNERS MAY DETERMINE
THE PROCEDURES FOR REQUESTING DOCUMENTATION IN WRITING, ON
A CASE BY CASE BASIS, OR ADOPTING A GENERAL POLICY
GUIDELINE FOR HOW TO HANDLE THESE REQUESTS. FOR EXAMPLE, REQUIRING THE
INDIVIDUAL REQUESTING VAWA PROTECTIONS TO COME TO AN
OFFICE OR OTHER SPACE THAT MAY BE SAFE FOR THE
INDIVIDUAL TO RECEIVE THE VAWA REQUEST, MAKING
REASONABLE ACCOMMODATIONS AS NECESSARY. IF THE VICTIM GIVES THE PHA
OR OWNER PERMISSION TO CONTACT THEM ABOUT THE
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING VIA MAIL, VOICE MAIL SYSTEM, ELECTRONIC MAIL, OR
OTHER METHOD APPROVED BY THE VICTIM, BEST PRACTICE WOULD 42
BE TO ENSURE THIS PERMISSION IS IN WRITING. IF IT IS NOT FEASIBLE FOR THE
VICTIM TO PROVIDE THE PERMISSION IN WRITING, THE
PHA OR OWNER MAY MAKE NOTE IN THE VICTIM’S FILE ABOUT WHICH
FORMS OF COMMUNICATION THE VICTIM HAVE BEEN APPROVED. THE WRITTEN PERMISSION OR
OTHER NOTATION MUST BE KEPT CONFIDENTIAL. WHEN DISCUSSING THESE MATTERS
DIRECTLY WITH THE VICTIM, PHAS AND OWNERS MUST TAKE
REASONABLE PRECAUTIONS TO ENSURE THAT NO ONE CAN
OVERHEAR THE CONVERSATION. FOR EXAMPLE, PHA EMPLOYEES
ARE ENCOURAGED TO MAKE THE DOCUMENTATION REQUEST IN A
PRIVATE ROOM, NOT IN AN OPEN SPACE AT THE PHA. PHAS AND OWNERS MAY REQUIRE
THAT THE VICTIM COME INTO THE OFFICE TO PICK UP THE
CERTIFICATION FORM AND ARE ENCOURAGED TO WORK WITH
TENANTS TO MAKE DELIVERY ARRANGEMENTS THAT DO NOT
PLACE THE VICTIM AT RISK. SOMETHING IMPORTANT TO KEEP
IN MIND IS THAT THE COVERED HOUSING PROVIDER MUST COMPLY
WITH ALL NONDISCRIMINATION AND CIVIL RIGHTS STATUTES AND
REQUIREMENTS IN IMPLEMENTING THEIR POLICES. THIS INCLUDES, FOR EXAMPLE,
PROVIDING REASONABLE ACCOMMODATIONS TO PERMIT
INDIVIDUALS TO FOLLOW OR ACCESS RULES, POLICES,
PRACTICES, OR SERVICES, SUCH AS MODIFYING A POLICY
REQUIRING THAT THE VICTIM COME INTO THE OFFICE TO PICK
UP THE CERTIFICATION FORM TO INSTEAD DELIVER THE FORM TO
THE VICTIM. 43
THIS ALSO INCLUDES ENSURING EFFECTIVE COMMUNICATION WITH
PERSONS WITH DISABILITIES SUCH AS PROVIDING SIGN
LANGUAGE INTERPRETERS FOR PERSONS WHO ARE DEAF,
ACCESSIBLE DOCUMENTS AND ASSISTANCE FILLING OUT FORMS
FOR PERSONS WHO ARE BLIND OR HAVE LOW VISION AND PROVIDING
LANGUAGE ASSISTANCE FOR PERSONS WITH LIMITED ENGLISH
PROFICIENCY. PHAS AND OWNERS MAY SUGGEST
BUT CANNOT REQUIRE THAT THE VICTIM DESIGNATE AN ATTORNEY,
ADVOCATE OR OTHER SECURE CONTACT FOR COMMUNICATIONS
REGARDING THEIR REQUEST OF VAWA PROTECTIONS. THIS MAY REDUCE THE PHA S’S
OR OWNER’S BURDEN IN ENSURING CONFIDENTIALITY,
COMMUNICATIONS WITH THE VICTIM. THE FOLLOWING BEST PRACTICES
ARE DESIGNED TO ADDRESS THE CHALLENGES OF COLLECTING
INFORMATION FROM AND COMMUNICATING WITH THE VICTIM
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR
STALKING, WHILE MEETING THE CONFIDENTIALITY REQUIREMENTS
IN THE RULE. FOR EXAMPLE, CONDUCT IN A
SESSION IN A PRIVATE ROOM WHERE AN INDIVIDUAL AND STAFF
PERSON CAN TALK WITHOUT THE RISK OF OTHER STAFF OR
CLIENTS OVERHEARING. EXPLAIN THE PHA’S INFORMATION
SHARING POLICES. COMMUNICATE TO THE INDIVIDUAL
WHO IN THE PHA IS RESPONSIBLE FOR HANDLING QUESTIONS OR
COMPLAINTS ABOUT CONFIDENTIALITY. PROVIDE ADEQUATE TIME FOR
INDIVIDUAL TO REVIEW AND SIGN 44 THE FORMS. POST CONFIDENTIALITY NOTICES
IN THE INTAKE ROOM AND AROUND THE PHA. ENSURE RELEVANT STAFF
UNDERSTAND CONFIDENTIALITY POLICES AND PROCEDURES
THROUGH REGULAR STAFF TRAINING. POST NOTICES ABOUT THE
IMPORTANCE OF MAINTAINING CONFIDENTIALITY THROUGHOUT
THE OFFICE. DIRECT STAFF TO RESPOND TO
THIRD PARTY INQUIRIES ONLY AFTER VERIFYING THAT WRITTEN
CLIENT CONSENT HAS BEEN OBTAINED. CLARIFY INFORMATION SHARING
POLICES WITH REFERRAL AGENCIES AND OTHER SERVICES
AND BUSINESS PARTNERS. MAINTAIN DISTINCT PHONE LINES
FOR CERTAIN PURPOSES. AVOID USING LANGUAGE
REFERENCING DOMESTIC VIOLENCE OR SEXUAL ASSAULT AND AGENCY
NAMES, PROGRAM NAMES, ORGANIZATION NAMES, AND STAFF
TITLES. USE A PHA POST OFFICE BOX TO
RECEIVE WRITTEN CORRESPONDENCE. SERVE INDIVIDUALS OFF SITE AS
NEEDED OR WHEN APPROPRIATE. PROVIDE INTERPRETATION AND OR
DOCUMENTATION TRANSLATED IN THE APPROPRIATE LANGUAGE WHEN
NECESSARY. PROVIDE ACCESSIBLE DOCUMENTS
OR ASSISTANCE FILLING OUT FORMS FOR INDIVIDUALS WITH
DISABILITIES.>>THAT CONCLUDES PART TWO OF
THE TRAINING. PLEASE STAY TUNED FOR PART
THREE.

Reynold King

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