[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Rules and Regulations]
[Pages 72336-72345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28235]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 982, 
and 983

[Docket No. FR-5056-I-01]
RIN 2577-AC65


HUD Programs: Violence Against Women Act Conforming Amendments

AGENCY: Office of the Secretary.

ACTION: Interim rule.

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SUMMARY: This interim rule conforms HUD's regulations to the self-
implementing provisions of the statutory protections for victims of 
domestic violence, dating violence, sexual assault, and stalking 
provided by the Violence Against Women Act (VAWA), as recently amended. 
These new protections apply to families applying for or receiving 
rental assistance under HUD's public housing and tenant-based and 
project-based Section 8 programs. The primary objectives of VAWA are to 
reduce violence against women and to protect the safety and 
confidentiality of victims of domestic violence and abuse.

DATES: Effective Date: December 29, 2008.
    Comments Due Date: January 27, 2009.

ADDRESSES: Interested persons are invited to submit comments regarding 
this interim rule. There are two methods for comments to be submitted 
as public comments and to be included in the public comment docket for 
this rule. Additionally, all submissions must refer to the above docket 
number and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street, SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on the site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals with speech or hearing impairments 
may access this number via TTY by calling the Federal Information Relay 
Service at 1-800-877-8339. Copies of all comments submitted are 
available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information about HUD's Public 
Housing program, please contact Nicole Faison, Director, Office of 
Public Housing Programs, Office of Public and Indian Housing, Room 
4226, telephone number 202-708-0744. For information about the Office 
of Public and Indian Housing's Section 8 Tenant-Based program, please 
contact Danielle Bastarache, Director, Housing Voucher Management and 
Operations, Office of Public and Indian Housing, Room 4210, telephone 
number 202-402-5264. For information about the Office of Housing's 
Section 8 Project-Based program, please contact Gail Williamson, 
Director, Housing Assistance Policy Division, Office of Housing, Room 
6138, telephone number 202-402-2473. The address for all of the above 
offices is the Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-0500. The above-listed telephone 
numbers are not toll-free numbers. Persons with hearing or speech 
impairments may access the numbers through TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The Violence Against Women Act of 1994 (VAWA 1994) was enacted as 
Title IV of the Violent Crime Control and Enforcement Act of 1994 (Pub. 
L. 103-322, approved September 13, 1994), codified at 42 U.S.C. 13931 
et seq. VAWA 1994 was not applicable to HUD programs. VAWA 1994 was 
applicable to other federal agencies and authorized grants to prevent 
crime in public transportation and assist victims of sexual assault, 
and included provisions to maintain the confidentiality of domestic 
violence shelters and addresses of abused persons.
    On January 5, 2006, President Bush signed into law the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Pub. L. 109-162), and, on August 28, 2006, the President signed into 
law technical corrections to the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Pub. L. 109-271) (collectively, 
``VAWA 2005''). Except as provided in Section 4 of the technical 
corrections law, VAWA 2005 became effective upon enactment of the law 
on January 5, 2006. Section 4 of the technical corrections law delayed 
the effectiveness of certain provisions to the commencement of Fiscal 
Year (FY) 2007, none of which are directly applicable to this rule.
    VAWA 2005 reauthorizes and substantially amends VAWA 1994 for FYs 
2007 through 2011, and, among other things, consolidates major law 
enforcement grant programs, makes amendments to criminal and 
immigration laws, and makes amendments to other statutes, including 
certain HUD statutes, to support and strengthen efforts to combat 
domestic violence and other forms of violence against women. The 
provisions of VAWA 2005, as amended in 2006, that are applicable to HUD 
programs are found in Title VI entitled ``Housing Opportunities and 
Safety for Battered Women and Children.'' Section 601 of VAWA 2005 
amends VAWA 1994 to add a new Subtitle N to VAWA 1994 entitled 
``Addressing the Housing Needs of Victims of Domestic Violence, Dating 
Violence, Sexual Assault, and Stalking.''
    The VAWA 2005 amendments that are applicable to HUD public housing 
and tenant-based and project-based Section 8 programs are self-
implementing. Accordingly, this rule makes conforming amendments to 
those programs to keep HUD's regulations

[[Page 72337]]

current, create consistency, and avoid confusion.
    Following enactment of the new law, HUD's Office of Public and 
Indian Housing (PIH) issued, on June 23, 2006, a direct notice on VAWA 
2005, PIH 2006-23. In that notice, PIH advised public housing agencies 
(PHAs) that the statutory provisions of VAWA 2005 were effective the 
date the law was enacted (January 5, 2006). This notice can be found at 
http://www.hud.gov/offices/pih/publications/notices/06/pih2006-23.pdf. 
In addition, PIH Notice 2007-5 explains the VAWA provisions that are 
incorporated into the Housing Choice Voucher Housing Assistance 
Payments contract and tenancy addendum. This notice can be found at 
http://www.hud.gov/offices/adm/hudclips/notices/pih/07pihnotices.cfm. 
PIH Notice 2006-42 transmits the certification form for use by tenants 
claiming protection under VAWA and can be found at http://www.hud.gov/offices/adm/hudclips/notices/pih/06pihnotices.cfm.
    The Department followed the PIH direct notice with a Federal 
Register notice that addressed the applicability of VAWA 2005 to all 
HUD programs. This notice, published on March 16, 2007 (72 FR 12696), 
provided an overview of the key VAWA provisions that affect HUD 
programs, and advised program participants concerning compliance with 
VAWA. The notice described those provisions of VAWA that are self-
implementing and their effect on HUD programs. This notice also advised 
that HUD would be amending its regulations to conform existing 
regulations to the VAWA requirements. This interim rule presents those 
conforming amendments.

II. This Interim Rule

    For the convenience of the reader and for better understanding of 
conforming changes to HUD's regulations, this preamble provides an 
overview of VAWA provisions applicable to HUD and identifies where this 
interim rule makes conforming amendments to HUD's codified regulations.

Consolidated Plan Amendments

    Section 604 of VAWA 2005 amends section 105(b)(1) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)(1)) by 
including ``victims of domestic violence, dating violence, sexual 
assault, and stalking'' among the jurisdiction's estimated housing 
needs. Accordingly, this interim rule amends 24 CFR 91.205(b) and 
91.305(b) to conform the regulations to this statutory amendment.

Public Housing Agency Plan Amendments

    Section 603 of VAWA 2005 amends section 5A of the U.S. Housing Act 
of 1937, which requires the submission of annual and 5-year plans by 
PHAs. This amendment requires PHAs to begin including in their 5-year 
plans a statement about goals, activities, objectives, policies, or 
programs that will enable a PHA to serve the needs of child and adult 
victims of domestic violence, dating violence, sexual assault, or 
stalking.
    The statutory amendment requires the annual plan to include a 
description of any activities, services, or programs provided or 
offered by an agency, either directly or in partnership with other 
service providers, to child or adult victims of domestic violence, 
dating violence, sexual assault, or stalking; and any activities, 
services, or programs provided or offered that help child and adult 
victims of domestic violence, dating violence, sexual assault, or 
stalking to obtain or maintain housing; and any activities, services, 
or programs provided or offered to prevent domestic violence, dating 
violence, sexual assault, and stalking, or to enhance victim safety in 
assisted families.
    This interim rule includes a conforming amendment to HUD's PHA plan 
regulations at 24 CFR 903.6 and 903.7 to include the additional 
information required by VAWA 2005 in the annual and 5-year PHA plans.

Section 8 and Public Housing Program Amendments

    Sections 606 and 607 of VAWA 2005, respectively, amend HUD's 
Section 8 program (codified at section 8 of the 1937 Act, 42 U.S.C. 
1437f) (Section 8) and section 6 of the U.S. Housing Act of 1937 
(codified at section 6 of the 1937 Act, 42 U.S.C. 1437d), governing 
HUD's public housing program requirements.
    Admission, Occupancy, and Termination of Assistance Policies. With 
respect to admission, occupancy, and termination of assistance 
policies, sections 606 and 607 of VAWA 2005 provide that being a victim 
of domestic violence, dating violence, or stalking, as these terms are 
defined in the law, is not a basis for denial of assistance or 
admission to public or Section 8 assisted housing, if the applicant 
otherwise qualifies for assistance or admission.
    These provisions also provide that incidents or threats of abuse 
will not be construed as serious or repeated violations of the lease or 
as other ``good cause'' for termination of the assistance, tenancy, or 
occupancy rights of a victim of abuse.
    Additionally, the provisions state that criminal activity directly 
relating to abuse, engaged in by a member of a tenant's household or 
any guest or other person under the tenant's control, shall not be 
cause for termination of assistance, tenancy, or occupancy rights if 
the tenant or an immediate member of the tenant's family is the victim 
or threatened victim of that abuse.
    Rights and Responsibilities of PHAs, Owners, and Management Agents. 
With respect to the rights and responsibilities of PHAs, owners, and 
management agents, VAWA 2005 provides that these protective policies 
are not to interfere with certain rights and responsibilities of PHAs, 
owners, and management agents regarding criminal activity or acts of 
violence against family members or others. Specifically, VAWA 2005 
provides that:
    (1) The provision protecting victims of domestic violence, dating 
violence, or stalking engaged in by a member of the household, may not 
be construed to limit a PHA, owner, or management agent, when notified, 
from honoring various court orders issued to either protect the victim 
or address the distribution of property in case a family breaks up;
    (2) The provision in VAWA 2005 protecting victims of domestic 
violence, dating violence, or stalking engaged in by a member of the 
household, may not be construed to limit the authority of a PHA, owner, 
or management agent to terminate assistance to individuals who engage 
in criminal acts of physical violence against family members or others, 
or if the PHA, owner, or management agent so chooses, to bifurcate a 
lease (that is, divide into separate leases by operation of law) in 
order to: Evict, remove, or terminate a household member from the 
lease, without regard to whether a household member is a signatory to 
the lease; evict, remove, terminate occupancy rights; or terminate 
assistance to any individual who is a tenant or lawful occupant and who 
engages in criminal acts of physical violence against family members or 
others, without penalizing the victim of such violence who is also a 
tenant or lawful occupant;
    (3) The provision in VAWA 2005 protecting victims of domestic 
violence, dating violence, or stalking engaged in by a member of the 
household does not limit any otherwise available authority of an owner 
or management agent to evict or of the PHA to terminate the assistance 
to a tenant for any lease violation not premised on the act of violence 
in question against the tenant or member of the tenant's household, 
provided that the PHA, owner, or

[[Page 72338]]

management agent does not subject an individual who is or has been a 
victim of domestic violence, dating violence, or stalking to a more 
demanding standard than other tenants, in determining whether to evict 
or terminate assistance;
    (4) The provision in VAWA 2005 protecting victims of domestic 
violence, dating violence, or stalking engaged in by a member of the 
household, may not be construed to limit the authority of a PHA, owner, 
or management agent to terminate the assistance of, or evict, any 
occupant who can be demonstrated to pose an actual or imminent threat 
to other tenants or the property's employees; and
    (5) The statute shall not be construed to supersede any provisions 
of federal, state, or local laws that provide greater protection for 
victims of abuse.
    With respect to these rights and responsibilities, under the 
housing choice voucher program, PHAs may be able to use their existing 
authority under Sec.  982.552(c)(2)(ii) to terminate voucher assistance 
for certain family members for criminal activity while permitting other 
members of a participant family to continue receiving assistance 
(provided that the culpable family member will no longer reside in the 
unit). A PHA's right to exercise this administrative discretion under 
Sec.  982.552(c)(2)(ii) is not dependent on a bifurcated lease or other 
eviction action by the owner against an individual family member.
    VAWA 2005 also provides that such eviction, removal, termination of 
occupancy rights, or termination of assistance shall be effected in 
accordance with the procedures prescribed by federal, state, and local 
law for the termination of leases or assistance under the relevant 
program of HUD-assisted housing.
    This interim rule conforms HUD's existing regulations to these 
effective legal requirements. Since these are cross-cutting 
requirements affecting HUD's tenant-based and project-based Section 8 
and public housing programs, this rule organizes these items in a new 
subpart L of 24 CFR part 5. Also, because section 604 of VAWA applies 
to Consolidated Plan requirements, conforming amendments are made to 24 
CFR part 91. For clarification purposes only, cross-references are 
included at 24 CFR parts 880, 882, 883, 884, 886, 891, 960, 982, and 
983. However, as provided in the March 16, 2007, Federal Register 
notice, VAWA 2005 is effective and applicable to HUD's Public Housing 
and tenant-based and project-based Section 8 programs, regardless of 
whether a specific reference is included. It should be noted that with 
respect to part 891, VAWA applies to projects for the elderly or 
handicapped with Section 8 assistance under Sec. Sec.  891.520 through 
891.650.
    Certification of Abuse. Sections 606 and 607 of VAWA 2005 add 
certification and confidentiality provisions. Under these provisions, 
owners, management agents, and PHAs may request an individual claiming 
VAWA protection to certify, by means of a HUD-approved certification 
form, that the individual is a victim of abuse and that the incidences 
of abuse are bona fide. The certification must include the name of the 
perpetrator. The victim has 14 business days after the request to 
provide the certification. (See 42 U.S.C. 1437f(ee)(1)(A); 42 U.S.C. 
1437d(u)(1)(A).) The owner, management agent, or PHA may extend this 
time period at its discretion. (See 42 U.S.C. 1437f(ee)(1)(B); 42 
U.S.C. 1437d(u)(1)(B).)
    The statute allows, but does not require, the victim to self-
certify, in order to be afforded protection under VAWA 2005. Forms HUD-
50066, for use by PHAs, and HUD-90066, for use by owners and management 
agents, have been developed for the purpose of the optional 
certification. They are standard forms and collect limited, relevant 
information from the victim. It is not mandatory that the victim 
provide the HUD form, and the PHA, owner, or management agent may not 
require the victim to provide the form. A victim may also provide 
documentation from a third-party source. PHAs, owners, and management 
agents may, at their discretion, provide benefits under VAWA 2005 based 
solely on the statement of the individual.
    Form HUD-50066 is currently available on HUD's Web site at http://www.hud.gov/offices/adm/hudclips/forms/files/50066.doc. Form HUD-90066 
is available on HUD's HUDCLIPS Web site upon receipt of OMB approval. 
These forms are designed as uniform tenant declaration forms to be 
completed by the victim or by a family member on behalf of the victim. 
The forms are not intended as third-party verification forms.
    The certification provision may be satisfied with third-party 
documentation signed by an employee, agent, or volunteer of a victim 
service provider, an attorney, or a medical professional from whom the 
victim has sought assistance in addressing domestic violence, dating 
violence, or stalking or the effects of the abuse in which the 
professional attests, under penalty of perjury (28 U.S.C. 1746), to the 
professional's belief that the incident or incidents in question are 
bona fide incidents of abuse, and that the victim of domestic violence, 
dating violence, or stalking has signed or attested to the 
documentation. (See 42 U.S.C. 1437f(ee)(1)(C)(i); 42 U.S.C. 
1437d(u)(1)(C)(i).) The statute also allows for the certification 
requirement to be satisfied by producing a federal, state, tribal, 
territorial, or local police or court record. (See 42 U.S.C. 
1437f(ee)(1)(C)(ii); 42 U.S.C. 1437d(u)(1)(C)(ii)).) If the individual 
does not provide the certification within 14 days as required, the PHA, 
owner, or management agent has the authority to evict the individual if 
the individual has committed violations of the lease. The PHA, owner, 
or management agent may extend the 14-day deadline at their discretion. 
(See 42 U.S.C. 1437f(ee)(1)(B); 42 U.S.C. 1437d(u)(1)(B).)
    All information provided in the certification of abuse is 
confidential, by statute (42 U.S.C. 1437f(ee)(2)(A); 42 U.S.C. 
1437d(u)(2)(A)). The statute makes three exceptions: (1) Disclosure is 
consented to or requested by the individual in writing; (2) disclosure 
is required for an eviction proceeding; or (3) disclosure is otherwise 
required by applicable law. The interim rule codifies the certification 
and confidentiality requirements at 24 CFR 5.2007. PHAs must provide 
notice of VAWA rights, including the right to confidentiality, to 
tenants. (See 42 U.S.C. 1437f(ee)(2)(B); 42 U.S.C. 1437d(u)(2)(B).)
    Portability in the Housing Choice Voucher Program. VAWA 2005 
amended section 8(r) of the U.S. Housing Act (42 U.S.C. 1437f(r)), by 
providing an exception to the prohibition against a family moving under 
the portability provisions in violation of the lease. VAWA 2005 
provides that the family may receive a voucher and move in violation of 
the lease under the portability procedures, if the family has complied 
with all other obligations of the voucher program and has moved out of 
the assisted dwelling unit in order to protect the health or safety of 
an individual who is or has been the victim of domestic violence, 
dating violence, or stalking and who reasonably believed he or she was 
imminently threatened by harm from further violence if he or she 
remained in the assisted dwelling unit.
    This special portability provision for victims of domestic 
violence, dating violence, and stalking is found at 24 CFR 982.353(b) 
of this interim rule.
    PHA Notification to Section 8 Program Participants and Public 
Housing Residents. VAWA 2005 further requires that PHAs must provide 
notice

[[Page 72339]]

to tenants assisted under Section 8 of the U.S. Housing Act of 1937 of 
their rights, and notice to owners and management agents of their 
rights and obligations, under section 8 as amended by VAWA 2005. 
Specifically, the notice must cover rights and obligations under 
sections 42 U.S.C. 1437f(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), 
(o)(7)(C), (o)(7)(D), (o)(20), (r)(5), and (ee) (these sections 
reference the basic VAWA protections for Section 8 program applicants 
and participants, the special portability provision, and the 
certification provision). VAWA 2005 also requires that a PHA must 
provide notice to public housing residents of their rights under 
section 6 of the U.S. Housing Act of 1937, as amended by VAWA 2005. 
Specifically, the notice must cover rights under sections 42 U.S.C. 
1437d(l)(5), (6)(l)(6), and (6)(u) (the VAWA protections and 
certification provision for the public housing program), including 
their rights to confidentiality and the limits thereof. This interim 
rule provides for PHA notification to public housing tenants, Section 8 
tenants, owners, and management agents of these rights and obligations 
at 24 CFR 5.2007(a)(3).
    While the statute at 42 U.S.C. 1437f(ee)(2)(B) only requires PHAs 
to provide notification to tenants of their rights and protections 
under VAWA, those owners and management agents administering an Office 
of Housing project-based Section 8 program will also be required to 
provide tenant notification. The Office of Housing will be issuing a 
notice that provides administrative guidance for implementation of the 
notification requirements.
    Definitions. VAWA 2005 adds a number of new definitions to the U.S. 
Housing Act of 1937. Sections 606 and 607 of VAWA 2005 add 42 U.S.C. 
1437d(u)(3) and 1437f(f)(8), (9), (10), and (11), respectively, to add 
definitions of ``domestic violence,'' ``dating violence,'' 
``stalking,'' and ``immediate family member.'' Specifically, VAWA 2005 
inserted definitions of the terms ``stalking'' and ``immediate family 
member'' into Section 8(f) of the U.S. Housing Act of 1937, along with 
references to the definitions of ``domestic violence'' and ``dating 
violence,'' as stated in the new section 40002 of VAWA, which was added 
to VAWA 1994.
    Conforming definitions are added to 24 CFR 5.2003 where HUD 
believes they will be useful to the public in understanding new VAWA-
related material added to those parts. In addition, the interim rule at 
24 CFR part 5 defines additional terms that are used in the rule and 
for which HUD believes clarification is helpful. The term 
``bifurcate,'' which is used in the rule in the context of leases, is 
defined.

III. Findings and Certifications

Justification for Interim Rulemaking

    As required by its regulations on rulemaking at 24 CFR part 10, HUD 
ordinarily publishes its rules for advance public comment. Notice and 
public procedure are omitted, however, if HUD determines that, in a 
particular case or class of cases, notice and public procedure are 
``impracticable, unnecessary, or contrary to the public interest.'' 
(See 24 CFR 10.1.) In this case, HUD is simply conforming its existing 
regulations to statutory provisions that are legally effective. In 
doing so, HUD is not exercising agency discretion, but rather merely 
following the statutory mandate. Because this is a conforming 
regulation, advance public notice and comment is unnecessary. However, 
while HUD found the statutory language to be clear as to meaning and 
intent and has incorporated the language without change, PHAs, owners, 
management agents, tenants, or interested members of the public may not 
find the language as helpful as is, and may need further clarification. 
HUD specifically welcomes comments on the clarity of the conforming 
amendments, as well as on any other aspect of the rule. HUD will 
consider all comments submitted by the public in the final rule that 
follows this interim rule.

Paperwork Reduction Act

    The information collection requirements contained in 24 CFR part 5, 
subpart L that are applicable to PHAs have been approved by the Office 
of Management and Budget (OMB) in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB Control 
Number 2577-0249. The information collection requirements contained in 
24 CFR part 5, subpart L, that are applicable to owners and management 
agents have been approved by OMB in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB Control 
Number 2502-0204. An agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information, unless the 
collection displays a currently valid control number.

Impact on Small Entities

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule applies primarily to PHAs, owners, and management agents 
and is limited to amending HUD's regulations to incorporate statutory 
requirements that are already applicable to PHAs, owners, and 
management agents, because they are self-implementing statutory 
provisions.
    Notwithstanding HUD's determination that this rule will not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding any less burdensome 
alternatives to this rule that will meet HUD's objectives, as described 
in this preamble.

Environmental Impact

    This interim rule involves a policy document that, with the 
exception of the amendments to 24 CFR part 903, sets out 
nondiscrimination standards. The amendments to 24 CFR part 903 do not 
direct, provide for assistance or loan and mortgage insurance for, or 
otherwise govern or regulate, real property acquisition, disposition, 
leasing, rehabilitation, alteration, demolition, or new construction, 
or establish, revise, or provide for standards for construction or 
construction materials, manufactured housing, or occupancy. 
Accordingly, under 24 CFR 50.19(c)(3) and (1), respectively, this 
interim rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

Executive Order 13132, Federalism

    Section 6(c) of Executive Order 13132 (entitled ``Federalism'') 
requires an agency that is publishing a regulation that has federalism 
implications and that preempts state law to follow certain procedures. 
Regulations that have federalism implications, according to section 
1(a) of the Order, are those that have ``substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''
    This interim rule incorporates the statutory language that provides 
for bifurcation of leases to protect victims of domestic violence, 
notwithstanding state law. In addition, the rule, consistent with 
statute, provides that incidents of, or criminal acts connected

[[Page 72340]]

to domestic violence cannot be the basis for termination of assistance 
or tenancy.
    HUD finds that this statutory provision has only minor effects on 
the states and therefore, this rule, by incorporating this provision in 
HUD's regulation, does not meet the definition of rules with 
``federalism implications.'' First, any preemptive effect of this 
provision is limited to Section 8 and public housing, which together 
are only a small portion of the total housing market. Second, the 
possible effect appears limited to only those eviction actions where 
the tenant to be evicted has a valid claim of protection as a victim of 
domestic violence, or where lease bifurcation is sought because of 
domestic violence. The rule does not, for example, involve the 
preemption of a whole field of state law as is the case in other 
situations in which preemption occurs, but rather merely requires a 
small adjustment to any existing laws that do not already offer greater 
protection to victims of domestic violence. Therefore, HUD has 
determined that this rule, by directly incorporating the statutory 
provision on bifurcation of lease, will not have substantial direct 
effects on states or their political subdivisions, on the relationship 
between the federal government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
and would not impose substantial direct compliance costs on state and 
local governments or preempt state law within the meaning of the 
Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1531-1538) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and the private sector. This interim rule does not 
impose any federal mandates on any state, local, or tribal government, 
or the private sector within the meaning of UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers applicable to 
the programs that would be affected by this rule are: 14.195, 14.850, 
14.856, and 14.871.

List of Subjects

24 CFR Part 5

    Administrative practice and procedure, Aged, Claims, Drug abuse, 
Drug traffic control, Grant programs--housing and community 
development, Grant programs--Indians, Individuals with disabilities, 
Loan programs--housing and community development, Low- and moderate-
income housing, Mortgage insurance, Pets, Public housing, Rent 
subsidies, Reporting and recordkeeping requirements.

24 CFR Part 91

    Grant programs--housing and community development, Low- and 
moderate-income housing, Reporting and recordkeeping requirements.

24 CFR Part 880

    Grant programs--housing and community development, Loan programs--
housing and community development, Low- and moderate-income housing, 
Rent subsidies.

24 CFR Part 882

    Grant programs--housing and community development, Housing, 
Homeless, Lead poisoning, Manufactured homes, Rent subsidies, Reporting 
and recordkeeping requirements.

24 CFR Part 883

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 884

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements, rural areas.

24 CFR Part 886

    Grant programs--housing and community development, Lead poisoning, 
Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 891

    Aged, Capital advance programs, Civil rights, Grant programs--
housing and community development, Individuals with disabilities, Loan 
programs--housing and community development, Low- and moderate-income 
housing, Mental health programs, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 903

    Grant programs, Civil rights, Public housing agency plans, Public 
housing.

24 CFR Part 960

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Pets, Public housing.

24 CFR Part 982

    Grant programs--housing and community development, Housing, Low- 
and moderate-income housing, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 983

    Grant programs--housing and community development, Housing, Low- 
and moderate-income housing, Rent subsidies, Reporting and 
recordkeeping requirements.

0
Accordingly, for the reasons stated in the preamble, HUD amends 24 CFR 
parts 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 982, and 983, as 
follows.

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

0
1. The authority citation for part 5 is revised to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), 
Sec. 327, Pub. L. 109-115, 119 Stat. 2936, and Sec. 607, Pub. L. 
109-162, 119 Stat. 3051.


0
2. Add subpart L to read as follows:

Subpart L--Protection for Victims of Domestic Violence in Public 
and Section 8 Housing

Sec.
5.2001 Applicability.
5.2003 Definitions.
5.2005 Protection of victims of domestic violence, dating violence, 
and stalking in public and Section 8 housing.
5.2007 Certification of status and confidentiality.
5.2009 Effect on other laws.

Subpart L--Protection for Victims of Domestic Violence in Public 
and Section 8 Housing


Sec.  5.2001  Applicability.

    This subpart addresses the protections for victims of domestic 
violence residing in public and Section 8 housing, as provided in the 
1937 Act, as amended by the Violence Against Women Act (VAWA) (42 
U.S.C. 1437f and 42 U.S.C. 1437d). This subpart applies to the Housing 
Choice Voucher program under 24 CFR part 982; the project-based voucher 
and certificate programs under 24 CFR part 983, the public housing 
admission and occupancy requirements under 24 CFR part 960, and renewed 
funding or leases under 24 CFR parts 880, 882, 883, 884, 886, and 891.


Sec.  5.2003  Definitions.

    The definitions of 1937 Act, PHA, HUD, household, responsible 
entity, and other person under the tenant's control are defined in 
subpart A of this part. As used in this subpart L:
    Bifurcate means, with respect to a public housing or Section 8 
lease, to divide a lease as a matter of law such

[[Page 72341]]

that certain tenants can be evicted or removed while the remaining 
family members' lease and occupancy rights are allowed to remain 
intact.
    Dating violence means violence committed by a person: Who is or has 
been in a social relationship of a romantic or intimate nature with the 
victim; and where the existence of such a relationship shall be 
determined based on a consideration of the following factors: the 
length of the relationship; the type of relationship; and the frequency 
of interaction between the persons involved in the relationship.
    Domestic violence includes felony or misdemeanor crimes of violence 
committed by a current or former spouse of the victim, by a person with 
whom the victim shares a child in common, by a person who is 
cohabitating with or has cohabitated with the victim as a spouse, by a 
person similarly situated to a spouse of the victim under the domestic 
or family violence laws of the jurisdiction receiving grant monies, or 
by any other person against an adult or youth victim who is protected 
from that person's acts under the domestic or family violence laws of 
the jurisdiction.
    Immediate family member means, with respect to a person: A spouse, 
parent, brother or sister, or child of that person, or an individual to 
whom that person stands in loco parentis; or any other person living in 
the household of that person and related to that person by blood or 
marriage.
    Stalking means: To follow, pursue, or repeatedly commit acts with 
the intent to kill, injure, harass, or intimidate another person; or to 
place under surveillance with the intent to kill, injure, harass, or 
intimidate another person; and in the course of, or as a result of, 
such following, pursuit, surveillance, or repeatedly committed acts, to 
place a person in reasonable fear of the death of, or serious bodily 
injury to, or to cause substantial emotional harm to that person, a 
member of the immediate family of that person, or the spouse or 
intimate partner of that person.


Sec.  5.2005  Protection of victims of domestic violence, dating 
violence, and stalking in public and Section 8 housing.

    (a) Domestic violence, dating violence, or stalking. An incident or 
incidents of actual or threatened domestic violence, dating violence, 
or stalking will not be construed as a serious or repeated lease 
violation by the victim or threatened victim of the domestic violence, 
dating violence, or stalking, or as good cause to terminate the 
tenancy, occupancy rights, or assistance of the victim. Admission to 
the program shall not be denied on the basis that the applicant is or 
has been a victim of domestic violence, dating violence, or stalking, 
if the applicant otherwise qualifies for assistance or admission;
    (b) Criminal activity related to domestic violence, dating 
violence, or stalking. Criminal activity directly related to domestic 
violence, dating violence, or stalking, engaged in by a member of a 
tenant's household or any guest or other person under the tenant's 
control, shall not be cause for termination of tenancy, occupancy 
rights of, or assistance to the victim, if the tenant or immediate 
family member of the tenant is the victim. Nothing in this paragraph 
limits the authority of the PHA, owner, or management agent to evict a 
tenant for a lease violation unrelated to domestic violence, provided 
that the PHA, owner, or management agent does not subject such a tenant 
to a more demanding standard than other tenants, in making the 
determination whether to evict or terminate tenancy or occupancy 
rights;
    (c) Lease bifurcation. Notwithstanding paragraph (a) of this 
section or any federal, state, or local law to the contrary, a PHA, 
owner, or management agent may bifurcate a lease, or remove a household 
member from a lease without regard to whether the household member is a 
signatory to the lease, in order to evict, remove, terminate occupancy 
rights, or terminate assistance to any tenant or lawful occupant and 
who engages in criminal acts of physical violence against family 
members or others, without evicting, removing, terminating assistance 
to, or otherwise penalizing the victim of such violence who is a tenant 
or lawful occupant. Such eviction, removal, termination of occupancy 
rights, or termination of assistance shall be effected in accordance 
with the procedures prescribed by federal, state, or local law for 
termination of assistance or leases under the relevant public or 
Section 8 housing assistance program;
    (d) Court orders. Nothing in paragraph (a) of this section may be 
construed to limit the authority of a PHA, owner, or management agent, 
when notified, to honor court orders addressing rights of access to or 
control of the property, including civil protection orders issued to 
protect the victim and to address the distribution of property among 
household members in a case where a family breaks up;
    (e) Threat to others. Nothing in paragraph (a) of this section may 
be construed to limit the authority of a PHA, owner, or management 
agent to evict or terminate assistance to any tenant or lawful occupant 
if the PHA, owner, or management agent can demonstrate an actual or 
imminent threat to other tenants or those employed at or providing 
service to the public housing or Section 8 assisted property if that 
tenant or lawful occupant is not terminated from assistance. In this 
context, words, gestures, actions, or other indicators will be 
considered an ``imminent threat'' if a reasonable person, considering 
all of the relevant circumstances, would have a well-grounded fear of 
death or bodily harm as a result.


Sec.  5.2007  Certification of status and confidentiality.

    (a)(1) A PHA, owner, or management agent presented with a claim for 
continued tenancy based on status as a victim of domestic violence or 
criminal activity related to domestic violence may request that the 
tenant making the claim certify in a form approved by HUD that the 
tenant is a victim of domestic violence, dating violence, or stalking, 
within 14 business days after the date that the tenant receives the 
request or such longer time as the PHA, owner, or management agent may 
at its discretion allow. The certification:
    (i) May be based solely on the personal signed attestation of the 
victim under penalties for perjury, as provided in section 1746 of 
title 28, Judiciary and Judicial Procedure, of the United States Code 
(28 U.S.C. 1746); or
    (ii) May be based on or supported by a federal, state, tribal, 
territorial, or local police or court record; or
    (iii) May be based on or supported by documentation signed by an 
employee, agent, volunteer of a victim service provider, an attorney, 
or medical professional, from whom the victim has sought assistance in 
addressing domestic violence, dating violence, or stalking, or in 
addressing the effects of abuse, in which the professional attests 
under penalty of perjury under 28 U.S.C. 1746 to the professional's 
belief that the incident or incidents in question are bona fide 
incidents of abuse, and the victim of domestic violence, dating 
violence, or stalking has signed or attested to the documentation; and
    (iv) Shall include the name of the perpetrator or alleged 
perpetrator, if known.
    (v) Shall be kept confidential by the PHA, owner, or management 
agent. The PHA, owner, or management agent shall not enter the 
information contained in the certification into any shared database or 
provide it to any other

[[Page 72342]]

entity, except to the extent that disclosure is:
    (A) Requested or consented to by the tenant making the 
certification, in writing;
    (B) Required for use in an eviction proceeding, or
    (C) Otherwise required by applicable law.
    (2) If the tenant does not provide the certification under 
paragraph (a)(1) of this section within 14 business days from the date 
of receipt of the PHA, owner, or management agent's request, or such 
longer time as the PHA, owner, or management agent at their discretion 
may allow, the PHA, owner, or management agent may evict the tenant or 
a family member that commits lease violations that otherwise would 
constitute good cause to evict;
    (3) PHAs must provide notice:
    (i) To public housing and Section 8 tenants of their rights under 
VAWA and this regulation, including the right to confidentiality and 
the exceptions; and
    (ii) To owners and management agents of assisted housing, of their 
rights and obligations under VAWA and this regulation.
    (b) A PHA's, owner's, or management agent's compliance with this 
section, whether based solely on the tenant's statement or on other 
corroborating evidence, shall not alone be sufficient to constitute 
evidence of an unreasonable act or omission by a PHA, PHA employee, 
owner, or employee or agent of the owner.


Sec.  5.2009  Effect on other laws.

    Nothing in this subpart shall be construed to supersede any 
provision of any federal, state, or local law that provides greater 
protection than this section for victims of domestic violence, dating 
violence, or stalking.

PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND 
DEVELOPMENT PROGRAMS

0
3. The authority citation for part 91 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388, 
12701-12711, 12741-12756, and 12901-12912.

0
3A. Amend Sec.  91.205 to revise the first sentence of paragraph (b)(1) 
to read as follows:

Sec.  91.205  Housing and homeless needs assessment.

* * * * *
    (b) * * *
    (1) The plan shall estimate the number and type of families in need 
of housing assistance for extremely low-income, low-income, moderate-
income, and middle-income families, for renters and owners, for elderly 
persons, for single persons, for large families, for public housing 
residents, for families on the public housing and section 8 tenant-
based waiting list, for persons with HIV/AIDS and their families, for 
victims of domestic violence, dating violence, sexual assault, and 
stalking, and for persons with disabilities. * * *
* * * * *

0
4. Amend Sec.  91.305 to revise the first sentence of paragraph (b)(1) 
to read as follows:


Sec.  91.305  Housing and homeless needs assessment.

* * * * *
    (b) * * *
    (1) The plan shall estimate the number and type of families in need 
of housing assistance for extremely low-income, low-income, moderate-
income, and middle-income families, for renters and owners, for elderly 
persons, for single persons, for large families, for persons with HIV/
AIDS and their families, for victims of domestic violence, dating 
violence, sexual assault, and stalking, and for persons with 
disabilities. * * *
* * * * *

PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENT PROGRAM FOR NEW 
CONSTRUCTION

0
5. The authority citation for part 880 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 
13611-13619.


0
6. Amend Sec.  880.504 to add paragraph (f) to read as follows:


Sec.  880.504  Leasing to eligible families.

* * * * *
    (f) Subpart L of 24 CFR part 5 applies to selection of tenants and 
occupancy requirements in cases where there is involved or claimed to 
be involved incidents of, or criminal activity related to, domestic 
violence, dating violence, or stalking.


0
7. Amend Sec.  880.607 to add paragraph (c)(5) to read as follows:


Sec.  880.607  Termination of tenancy and modification of lease.

* * * * *
    (c) * * *
    (5) In actions or potential actions to terminate tenancy, the Owner 
shall follow 24 CFR part 5, subpart L, in all cases where domestic 
violence, dating violence, stalking, or criminal activity directly 
related to domestic violence, dating violence, or stalking is involved 
or claimed to be involved.
* * * * *

PART 882--SECTION 8 MODERATE REHABILITATION PROGRAMS

0
8. The authority citation for part 882 continues to read as follows:

    Authority: 42 U.S.C. 1437f and 3535d.


0
9. Revise Sec.  882.407 to read as follows:


Sec.  882.407  Other federal requirements.

    The moderate rehabilitation program is subject to applicable 
federal requirements in 24 CFR 5.105 and to the requirements for 
protection for victims of domestic violence, dating violence, and 
stalking in 24 CFR part 5, subpart L.

0
10. Amend Sec.  882.511 to add paragraph (g) to read as follows:


Sec.  882.511  Lease and termination of tenancy.

* * * * *
    (g) In actions or potential actions to terminate tenancy, the Owner 
shall follow 24 CFR part 5, subpart L, in all cases where domestic 
violence, dating violence, or stalking, or criminal activity directly 
related to domestic violence, dating violence, or stalking is involved 
or claimed to be involved.

0
11. Amend Sec.  882.514 to revise the second sentence of paragraph (c) 
to read as follows:


Sec.  882.514  Family participation.

* * * * *
    (c) Owner selection of families. * * * Since the Owner is 
responsible for tenant selection, the Owner may refuse any family, 
provided that the Owner does not unlawfully discriminate, except that 
the fact that an applicant is or has been a victim of dating violence, 
domestic violence, or stalking is not an appropriate basis for denial 
of program assistance or admission if the applicant otherwise qualifies 
for assistance or admission. * * *
* * * * *

PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAMS--STATE 
HOUSING AGENCIES

0
12. The authority citation for part 883 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.


0
13. Revise Sec.  883.605 to read as follows:

[[Page 72343]]

Sec.  883.605  Leasing to eligible families.

    The provisions of 24 CFR 880.504, including subpart L of 24 CFR 
part 5 pertaining to the selection of tenants and occupancy 
requirements in cases where there is involved or claimed to be involved 
incidents of, or criminal activity related to, domestic violence, 
dating violence, or stalking apply, subject to the requirements of 
Sec.  883.105.

PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW 
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING

0
14. The authority citation for part 884 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.


0
15. Amend Sec.  884.216 to add paragraph (c) to read as follows:


Sec.  884.216  Termination of tenancy.

* * * * *
    (c) In actions or potential actions to terminate tenancy, the Owner 
shall follow 24 CFR part 5, subpart L in all cases where domestic 
violence, dating violence, stalking, or criminal activity directly 
related to domestic violence, dating violence, or stalking is involved 
or claimed to be involved.

0
16. Amend Sec.  884.223 to add paragraph (f) to read as follows:


Sec.  884.223  Leasing to eligible families.

* * * * *
    (f) Subpart L of 24 CFR part 5 applies to selection of tenants and 
occupancy requirements in cases where there is involved or claimed to 
be involved incidents of, or criminal activity related to, domestic 
violence, dating violence, or stalking.

PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM-SPECIAL 
ALLOCATIONS

0
17. The authority citation for part 886 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.


0
18. Revise Sec.  886.128 to read as follows:


Sec.  886.128  Termination of tenancy.

    Part 247 of this title (24 CFR part 247) applies to the termination 
of tenancy and eviction of a family assisted under this subpart. For 
cases involving termination of tenancy because of a failure to 
establish citizenship or eligible immigration status, the procedures of 
24 CFR parts 247 and 5 shall apply. For cases where domestic violence, 
dating violence, stalking, or criminal activity directly relating to 
domestic violence, dating violence, or stalking is involved or claimed 
to be involved, the provisions of 24 CFR part 5, subpart L, apply. The 
provisions of 24 CFR part 5, subpart E, of this title concerning 
certain assistance for mixed families (families whose members include 
those with eligible immigration status, and those without eligible 
immigration status) in lieu of termination of assistance, and 
concerning deferral of termination of assistance also shall apply.

0
19. Revise Sec.  886.132 to read as follows:


Sec.  886.132  Tenant selection.

    Subpart F of 24 CFR part 5 governs selection of tenants and 
occupancy requirements applicable under this subpart A of part 886. 
Subpart L of 24 CFR part 5 applies to selection of tenants and 
occupancy requirements in cases where there is involved or claimed to 
be involved incidents of, or criminal activity related to, domestic 
violence, dating violence, or stalking.

0
20. Revise Sec.  886.328 to read as follows:


Sec.  886.328  Termination of tenancy.

    Part 247 of this title (24 CFR part 247) applies to the termination 
of tenancy and eviction of a family assisted under this subpart. For 
cases involving termination of tenancy because of a failure to 
establish citizenship or eligible immigration status, the procedures of 
24 CFR part 247 and 24 CFR part 5 shall apply. For cases where domestic 
violence, dating violence, stalking, or criminal activity directly 
relating to domestic violence, dating violence, or stalking is involved 
or claimed to be involved, the provisions of 24 CFR part 5, subpart L, 
apply. The provisions of 24 CFR part 5, subpart E, concerning certain 
assistance for mixed families (families whose members include those 
with eligible immigration status, and those without eligible 
immigration status) in lieu of termination of assistance, and 
concerning deferral of termination of assistance, also shall apply.

0
21. Amend Sec.  886.329 to add paragraph (f) to read as follows:


Sec.  886.329  Leasing to eligible families.

* * * * *
    (f) Subpart L of 24 CFR part 5 applies to selection of tenants and 
occupancy requirements in cases where there is involved or claimed to 
be involved incidents of, or criminal activity related to, domestic 
violence, dating violence, or stalking.

PART 891--SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH 
DISABILITIES

0
22. The authority citation for part 891 continues to read as follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f, 3535(d), and 8013.


0
23. Amend Sec.  891.575 to add paragraph (f) to read as follows:


Sec.  891.575  Leasing to eligible families.

* * * * *
    (f) Subpart L of 24 CFR part 5 applies to selection of tenants and 
occupancy requirements in cases where there is involved or claimed to 
be involved incidents of, or criminal activity related to, domestic 
violence, dating violence, or stalking.

0
24. Revise Sec.  891.610(c) to read as follows:


Sec.  891.610  Selection and admission of tenants.

* * * * *
    (c) Determination of eligibility and selection of tenants. The 
Borrower is responsible for determining whether applicants are eligible 
for admission and for selection of families. To be eligible for 
admission, an applicant must be an elderly or handicapped family as 
defined in Sec.  891.505; meet any project occupancy requirements 
approved by HUD; meet the disclosure and verification requirement for 
Social Security Numbers and sign and submit consent forms for obtaining 
of wage and claim information from State Wage Information Collection 
Agencies, as provided by 24 CFR part 5, subpart B; and, if applying for 
an assisted unit, be eligible for admission under subpart F of 24 CFR 
part 5 governing selection of tenants and occupancy requirements. For 
cases where domestic violence, dating violence, stalking, or criminal 
activity directly relating to domestic violence, dating violence, or 
stalking is involved or claimed to be involved, the provisions of 24 
CFR part 5, subpart L, apply.
* * * * *

0
25. Amend Sec.  891.630 to add a new paragraph (c) to read as follows:


Sec.  891.630  Denial of admission, termination of tenancy, and 
modification of lease.

* * * * *
    (c) In actions or potential actions to terminate tenancy, the Owner 
shall follow 24 CFR part 5, subpart L, in all cases where domestic 
violence, dating violence, stalking, or criminal activity directly 
related to domestic violence, dating violence, or stalking is involved 
or claimed to be involved.

[[Page 72344]]

PART 903--PUBLIC HOUSING AGENCY PLANS

0
26. The authority citation for part 903 continues to read as follows:

    Authority: 42 U.S.C. 1437c; 42 U.S.C. 3535(d).


0
27. Amend Sec.  903.6 to add paragraph (a)(3) to read as follows:


Sec.  903.6  What information must a PHA provide in the 5-Year Plan?

    (a) * * *
    (3) A statement about goals, activities, objectives, policies, or 
programs that will enable a PHA to serve the needs of child and adult 
victims of domestic violence, dating violence, sexual assault, or 
stalking.
* * * * *

0
28. Amend Sec.  903.7 to add a new paragraph (m)(5) to read as follows:


Sec.  903.7  What information must a PHA provide in an annual plan?

* * * * *
    (m) * * *
    (5) A statement of any domestic violence, dating violence, sexual 
assault, and stalking prevention programs:
    (i) A description of any activities, services, or programs provided 
or offered by an agency, either directly or in partnership with other 
service providers, to child or adult victims of domestic violence, 
dating violence, sexual assault, or stalking;
    (ii) Any activities, services, or programs provided or offered that 
help child and adult victims of domestic violence, dating violence, 
sexual assault, or stalking to obtain or maintain housing; and
    (iii) Any activities, services, or programs provided or offered to 
prevent domestic violence, dating violence, sexual assault, and 
stalking, or to enhance victim safety in assisted families.
* * * * *

PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING

0
29. The authority citation for part 960 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z-3, and 
3535(d).


0
30. Amend Sec.  960.103 to revise the section heading and add paragraph 
(d) to read as follows:


Sec.  960.103  Equal opportunity requirements and protection for 
victims of domestic violence.

* * * * *
    (d) Protection for victims of domestic violence, dating violence, 
and stalking. The PHA must apply 24 CFR part 5, subpart L in all 
applicable cases where there is involved or claimed to be involved 
incidents of, or criminal activity related to, domestic violence, 
dating violence, and stalking.

0
31. Amend Sec.  960.200 to add paragraph (b)(8) to read as follows:


Sec.  960.200  Purpose.

* * * * *
    (b) * * *
    (8) Protection for victims of domestic violence, dating violence, 
and stalking, 24 CFR part 5, subpart L.

0
32. Amend Sec.  960.203 to add paragraph (c)(4) to read as follows:


Sec.  960.203  Standards for PHA tenant selection criteria.

* * * * *
    (c) * * *
    (4) PHA tenant selection criteria are subject to 24 CFR part 5, 
subpart L, protections for victims of domestic violence, dating 
violence, and stalking.
* * * * *

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER 
PROGRAM

0
33. The authority citation for part 982 continues to read as follows:

    Authority: 42 U.S.C. 1437f and 3535d.


0
34. Amend Sec.  982.53 to revise the section heading and add paragraph 
(e) to read as follows:


Sec.  982.53  Equal opportunity requirements and protection for victims 
of domestic violence.

* * * * *
    (e) Protection for victims of domestic violence, dating violence, 
and stalking. The PHA must apply 24 CFR part 5, subpart L, in all 
applicable cases where there is involved incidents of, or criminal 
activity related to, domestic violence, dating violence, and stalking.

0
35. Amend Sec.  982.201 to revise paragraph (a), to read as follows:


Sec.  982.201  Eligibility and targeting.

    (a) When applicant is eligible: General. The PHA may admit only 
eligible families to the program. To be eligible, an applicant must be 
a ``family;'' must be income-eligible in accordance with paragraph (b) 
of this section and 24 CFR part 5, subpart F; and must be a citizen or 
a noncitizen who has eligible immigration status as determined in 
accordance with 24 CFR part 5, subpart E. If the applicant is a victim 
of domestic violence, dating violence, or stalking, 24 CFR part 5, 
subpart L, applies.
* * * * *

0
36. Revise Sec.  982.202(d) to read as follows:


Sec.  982.202  How applicants are selected: General requirements.

* * * * *
    (d) Admission policy. The PHA must admit applicants for 
participation in accordance with HUD regulations and other 
requirements, including but not limited to 24 CFR part 5, subpart L, 
protection for victims of domestic violence, dating violence, and 
stalking, and with PHA policies stated in the PHA administrative plan 
and the PHA plan. The PHA admission policy must state the system of 
admission preferences that the PHA uses to select applicants from the 
waiting list, including any residency preference or other local 
preference.
* * * * *

0
37. Amend Sec.  982.307 to add paragraph (b)(4) to read as follows:


Sec.  982.307  Tenant screening.

* * * * *
    (b) * * *
    (4) In cases involving a victim of domestic violence, dating 
violence, and stalking, 24 CFR part 5, subpart L, applies.

0
38. Revise Sec.  982.310(h)(4) to read as follows:


Sec.  982.310  Owner termination of tenancy.

* * * * *
    (h) * * *
    (4) Nondiscrimination limitation and protection for victims of 
domestic violence. The owner's termination of tenancy actions must be 
consistent with fair housing and equal opportunity provisions of 24 CFR 
5.105, and with the provisions for protection of victims of domestic 
violence, dating violence, and stalking in 24 CFR part 5, subpart L.

0
39. Revise the last sentence of Sec.  982.353(b) to read as follows:


Sec.  982.353  Where family can lease a unit with tenant-based 
assistance.

* * * * *
    (b) * * * The initial PHA must not provide such portable assistance 
for a participant if the family has moved out of the assisted unit in 
violation of the lease, except that if the family moves out in 
violation of the lease in order to protect the health or safety of a 
person who is or has been the victim of domestic violence, dating 
violence, or stalking and who reasonably believed he or she was 
imminently threatened by

[[Page 72345]]

harm from further violence if he or she remained in the dwelling unit, 
and has otherwise complied with all other obligations under the Section 
8 program, the family may receive a voucher from the PHA and move to 
another jurisdiction under the housing choice voucher program.
* * * * *
0
40. Amend Sec.  982.452(b)(1) to add a second sentence to read as 
follows:


Sec.  982.452  Owner responsibilities.

* * * * *
    (1) * * * The fact that an applicant is or has been a victim of 
domestic violence, dating violence, or stalking is not an appropriate 
basis for denial of tenancy if the applicant otherwise qualifies for 
tenancy.
* * * * *
0
41. Revise Sec. Sec.  982.551(e) and 982.551(l) to read as follows:


Sec.  982.551  Obligations of participant.

* * * * *
    (e) Violation of lease. The family may not commit any serious or 
repeated violation of the lease. Under 24 CFR 5.2005(a), an incident or 
incidents of actual or threatened domestic violence, dating violence, 
or stalking will not be construed as a serious or repeated lease 
violation by the victim or threatened victim of the domestic violence, 
dating violence, or stalking, or as good cause to terminate the 
tenancy, occupancy rights, or assistance of the victim.
* * * * *
    (l) Crime by household members. The members of the household may 
not engage in drug-related criminal activity or violent criminal 
activity or other criminal activity that threatens the health, safety, 
or right to peaceful enjoyment of other residents and persons residing 
in the immediate vicinity of the premises (see Sec.  982.553). Under 24 
CFR 5.2005(b), criminal activity directly related to domestic violence, 
dating violence, or stalking, engaged in by a member of a tenant's 
household or any guest or other person under the tenant's control, 
shall not be cause for termination of tenancy, occupancy rights, or 
assistance of the victim, if the tenant or immediate family member of 
the tenant is the victim.
* * * * *
0
42. Revise Sec.  982.552(c)(2)(v) to read as follows:


Sec.  982.552  PHA denial or termination of assistance for the family.

* * * * *
    (c) * * *
    (2) * * *
    (v) Nondiscrimination limitation and protection for victims of 
domestic violence. The PHA's admission and termination actions must be 
consistent with fair housing and equal opportunity provisions of Sec.  
5.105 of this title, and with the requirements of 24 CFR part 5, 
subpart L, protection for victims of domestic violence, dating 
violence, and stalking.
* * * * *
0
43. Amend Sec.  982.553 to add a new paragraph (e), to read as follows:


Sec.  982.553  Denial of admission and termination of assistance for 
criminals and alcohol abusers.

* * * * *
    (e) In cases of criminal activity related to domestic violence, 
dating violence, or stalking, the victim protections of 24 CFR part 5, 
subpart L, apply.

PART 983--PROJECT-BASED VOUCHER (PBV) PROGRAM

0
44. The authority citation for part 983 continues to read as follows:

    Authority: 42 U.S.C. 1437f and 3535(d).


0
44A. Amend Sec.  983.4 to add a new proviso in alphabetical order as 
follows:


Sec.  983.4  Cross-reference to other federal requirements.

* * * * *
    Protection for victims of domestic violence, dating violence, and 
stalking. See 24 CFR part 5, subpart L.
* * * * *

0
45. Amend Sec.  983.251 to add paragraph (a)(3) to read as follows:


Sec.  983.251  How participants are selected.

    (a) * * *
    (3) The protections for victims of domestic violence, dating 
violence, and stalking in 25 CFR part 5, subpart L, apply to admission 
to the project-based program.
* * * * *


0
46. Amend Sec.  983.255 to add paragraph (d) to read as follows:


Sec.  983.255  Tenant screening.

* * * * *
    (d) The protections for victims of domestic violence, dating 
violence, and stalking in 25 CFR part 5, subpart L, apply to tenant 
screening.

0
47. Amend Sec.  983.257 to add a new sentence at the end of paragraph 
(a) to read as follows:


Sec.  983.257  Owner termination of tenancy and eviction.

    (a) * * * 24 CFR part 5, subpart L, on protection for victims of 
domestic violence, dating violence, and stalking applies to this part.
* * * * *

    Dated: October 30, 2008.
Roy A. Bernardi,
Deputy Secretary.
 [FR Doc. E8-28235 Filed 11-26-08; 8:45 am]
BILLING CODE 4210-67-P