[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47717-47722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18920]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5720-N-01]


The Violence Against Women Reauthorization Act of 2013: Overview 
of Applicability to HUD Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice provides an overview of the applicability to HUD 
programs of the recently enacted Violence Against Women Reauthorization 
Act of 2013. The 2013 law expands the number of HUD programs subject to 
the statute's protections beyond HUD's public housing and section 8 
tenant-based and project-based programs. This notice highlights the key 
changes made by this statute, lists the HUD programs now covered by 
this statute, provides an overview of key provisions applicable to HUD 
programs, and advises of HUD's plans to issue rules or guidance on this 
new law. This notice is not program guidance for any individual HUD 
program covered by the new law. HUD will issue guidance and/or rules, 
as may be applicable, for covered programs at a later date. This notice 
is issued to provide an overview of the Violence Against Women 
Reauthorization Act of 2013, and alert HUD's program participants to 
the provisions applicable to HUD programs.
    In addition to providing an overview, this notice seeks comment 
from HUD program participants and other interested members of the 
public on certain issues. Comments received in response to this 
solicitation will aid HUD in developing additional guidance and 
regulations.

DATES: Comment Due Date: October 7, 2013.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
10276, Washington, DC 20410-0500. Communications must refer to the 
above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the docket number and 
title above.
    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

[[Page 47718]]

interested members of the public. Commenters should follow the 
instructions provided on that 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 document.

    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 appointment to review the public comments must be 
scheduled in advance 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 Relay Service at 800-877-8339. Copies of all comments submitted 
are available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION:  For information about: HUD's Public Housing 
program, contact Becky Primeaux, Director, Public Housing Management 
and Operations Division, Office of Public and Indian Housing, Room 
4210, telephone number 202-402-6050; HUD's Housing Choice Voucher 
program (Section 8) contact Laure Rawson, Director, Housing Voucher 
Management and Operations Division, Office of Public and Indian 
Housing, Room 4216, telephone number 202-402-2425; HUD's Multifamily 
Housing programs, contact Catherine M. Brennan, Director, Housing 
Assistance Policy Division, Office of Housing, telephone number 202-
708-3000; HUD's HOME Investment Partnerships program, contact Virginia 
Sardone, Deputy Director, Office of Affordable Housing Programs, Office 
of Community Planning and Development, Room 7164, telephone number 202-
708-2684; HUD's Housing Opportunities for Persons With Aids (HOPWA) 
program, please contact William Rudy, Deputy Director, Office of HIV/
AIDS Housing, Office of Community Planning and Development, telephone 
number 202-708-1934; and HUD's Homeless programs, contact Ann Marie 
Oliva, Director, Office of Special Needs Assistance, Office of 
Community Planning and Development, telephone number 202-708-4300. The 
address for all offices is the Department of Housing and Urban 
Development, 451 7th Street SW., Washington, DC 20410. The telephone 
numbers listed above are not toll-free numbers. Persons with hearing or 
speech impairments may access these numbers through TTY by calling the 
toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 7, 2013, President Obama signed into law the Violence 
Against Women Reauthorization Act of 2013 (Pub. L. 113-4, 127 Stat. 54) 
(VAWA 2013). VAWA 2013 reauthorizes and amends the Violence Against 
Women Act of 1994, as previously amended, (title IV, sec. 40001-40703 
of Pub. L. 103-322, 42 U.S.C. 13925 et seq.) \1\ VAWA 2013, among other 
things, enhances judicial and law enforcement tools to combat violence 
against women; improves services for victims; enhances services, 
protection, and justice for young victims of violence; strengthens the 
health care system's response to violence against women; and expands 
protections for Native American women and immigrants. The provisions of 
VAWA 2013 that are applicable to HUD programs are found in title VI of 
VAWA 2013, which is entitled ``Safe Homes for Victims of Domestic 
Violence, Dating Violence, Sexual Assault, and Stalking.'' Section 601 
of VAWA 2013 amends subtitle N of VAWA (42 U.S.C. 14043e et seq.) to 
add a new chapter entitled ``Housing Rights.''
---------------------------------------------------------------------------

    \1\ In this notice, the Violence Against Women Act of 1994, as 
amended over the years, is referred to solely as VAWA unless it is 
necessary or appropriate to refer to a specific reauthorization of 
VAWA. VAWA, established in 1994 as title IV of the Violent Crime 
Control and Law Enforcement Act of 1994, (Pub. L. 103-322, approved 
September 13, 1994), has been reauthorized in 2000 through Division 
B of the Victims of Trafficking and Violence Protection Act of 2000 
(Pub. L. 106-386) and in 2005 through The Violence Against Women Act 
and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-
162) (VAWA 2005). The references to ``VAWA'' in this notice include 
the amendments in 2000 and 2005, unless explicitly noted otherwise. 
The full text of the new law in pdf and plain text versions can be 
found, respectively, at http://www.gpo.gov/fdsys/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf, and http://www.gpo.gov/fdsys/pkg/PLAW-113publ4/html/PLAW 113publ4.htm.
---------------------------------------------------------------------------

    Section 4 of VAWA 2013, entitled ``Effective Date,'' provides that 
``Except as otherwise specifically provided in this Act, the provisions 
of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of 
this Act shall not take effect until the beginning of the fiscal year 
following the date of enactment of this Act.'' Section 601 of title VI, 
which addresses HUD programs, does not have a one-year delayed 
effective date. (Section 602 of title VI addresses a housing grants 
program administered by the Department of Justice.) While the 
provisions of section 601 are effective upon enactment, this does not 
mean that these provisions are self-executing (self-executing means no 
implementing or interpreting regulation is necessary to enable the 
regulated parties to comply with the new provisions). VAWA 2005 was 
largely self-executing because VAWA 2005 amended the authorizing 
statutes for HUD's public housing and tenant-based and project-based 
section 8 programs and, by working within the framework of those 
statutes, VAWA 2005 facilitated the ability for participants in HUD's 
public housing and section 8 programs to immediately comply with the 
VAWA 2005 provisions. VAWA 2013 did not amend the authorizing statutes 
for the newly covered HUD programs, and therefore additional guidance 
and rulemaking will be required to enable and facilitate compliance 
with the VAWA 2013 provisions.
    HUD Statutes and Programs Affected by VAWA 2013. In addition to 
HUD's public housing and section 8 tenant-based and project-based 
rental assistance programs that were subject to VAWA, VAWA 2013 makes 
the following HUD programs subject to the VAWA protections:
     Section 202 Supportive Housing for the Elderly (12 U.S.C. 
1701q) \2\;
---------------------------------------------------------------------------

    \2\ It is HUD's view that VAWA 2013 does not cover Section 202 
Direct Loan projects that are without project-based section 8 
assistance. The statutory definition to ``covered housing program'' 
cites to the current section 202 (capital advance) authority. In 
cases where Congress seeks to make requirements applicable to the 
Section 202 Direct Loan projects, Congress would include language 
such as ``section 202 of the Housing Act of 1959 as in effect before 
the enactment of the Cranston-Gonzalez National Affordable Housing 
Act of 1990,'' as seen in the American Homeownership Economic 
Opportunity Act of 2000 (AHEO), as amended by the Section 202 
Supportive Housing for the Elderly Act of 2010. Such language was 
not included in VAWA 2013. VAWA 2013 is also not applicable to 
section 202 when such assistance is coupled with Section 162 
Assistance (Project Assistance Contracts). Additionally, VAWA 2013 
is not applicable to the new Senior Preservation Rental Assistance 
Contracts.
---------------------------------------------------------------------------

     Section 811 Supportive Housing for Persons with 
Disabilities (42 U.S.C. 8013) \3\;
---------------------------------------------------------------------------

    \3\ This includes the Capital Advance Program, as well as the 
section 811 Rental Assistance Program, as authorized under the Frank 
Melville Supportive Housing Investment Act.
---------------------------------------------------------------------------

     Housing Opportunities for Persons With AIDS (HOPWA) 
program (42 U.S.C. 12901 et seq.);
     HOME Investment Partnerships (HOME) program (42 U.S.C. 
12741 et seq.); Homeless programs under title IV of the McKinney-Vento 
Homeless

[[Page 47719]]

Assistance Act (McKinney-Vento) (42 U.S.C. 11360 et seq.) \4\;
---------------------------------------------------------------------------

    \4\ VAWA 2013 states that ``the program under subtitle A of 
title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11360 et seq.)'' is a VAWA covered housing program. However, 
subtitle A of title IV does not include a program. Therefore, HUD 
submits that it was Congress's intent to include the programs found 
elsewhere in title IV, which include the Emergency Solutions Grants 
program, the Continuum of Care program, and the Rural Housing 
Assistance Stability program.
---------------------------------------------------------------------------

     Federal Housing Administration (FHA) mortgage insurance 
for multifamily rental housing, under section 221(d)(3) of the National 
Housing Act (12 U.S.C. 17151(d)) with a below-market interest rate 
pursuant to section 221(d)(5) (such housing is eligible for FHA 
mortgage insurance for single-room occupancy pursuant to section 223(g) 
of the National Housing Act);
     FHA mortgage insurance for multifamily rental housing 
under section 236 of the National Housing Act (12 U.S.C. 1715z-1); and
     HUD programs assisted under the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.), specifically, public housing under 
section 6 of the 1937 Act (42 U.S.C. 1437d) and tenant-based and 
project-based rental assistance under section 8 of the 1937 Act (42 
U.S.C. 1437f).
    These HUD programs, together with rural housing assistance under 
certain sections of the Housing Act of 1949 and the low-income housing 
tax credit program under section 42 of the Internal Revenue Code, are 
referred to collectively in this notice, as ``covered housing 
programs.'' In this notice, HUD refers to the HUD programs included in 
the covered housing programs as ``HUD covered programs.'' Housing made 
available under the HUD covered programs will be referred to as 
``assisted housing'' in this notice.
    While VAWA 2013 provides protections for individuals on tribal 
lands, VAWA 2013 does not list housing assisted under HUD's Indian 
Housing programs in the list of HUD covered programs.

II. Pre-VAWA 2013 Requirements Compared to VAWA 2013 Requirements

    Regulations pertaining to VAWA protections and rights and 
responsibilities are already in place, in 24 CFR part 5, subpart L, for 
HUD's public housing and section 8 tenant-based and project-based 
rental assistance (collectively, the section 8 program). VAWA 2005 \5\ 
made VAWA protections applicable to HUD's public housing and section 8 
programs. The VAWA 2013 amendments to sections 6 and 8 of the 1937 Act 
remove from these two sections of the 1937 Act certain provisions 
relating to admission, occupancy, and termination of assistance 
policies and rights and responsibilities of PHAs, owners, and managers 
as such policies and responsibilities relate to domestic violence, 
dating violence, and stalking; the documentation of these acts and 
confidentiality; and related definitions. These provisions are removed 
from the 1937 Act because, as discussed in more detail below, VAWA 2013 
relocates these provisions to section 41441 of VAWA, which makes these 
provisions applicable to the programs added by VAWA 2013, and continues 
to make these provisions applicable to sections 6 and 8 of the 1937 
Act. VAWA 2013 expands VAWA protections beyond sections 6 and 8 of the 
1937 Act, but does not amend the authorizing statutes for the HUD 
covered programs. For purposes of clarity in this notice, the statutory 
requirements that were previously in place for sections 6 and 8 of the 
Housing Act of 1937 are referred to as ``pre-VAWA 2013'' requirements 
throughout this notice.
---------------------------------------------------------------------------

    \5\ See footnote 1.
---------------------------------------------------------------------------

    The following section provides a review of the pre-VAWA 2013 
requirements and highlights the changes made by VAWA 2013. While 
rulemaking will be needed to conform HUD's existing VAWA regulations to 
the VAWA 2013 requirements and to establish VAWA regulations for the 
HUD programs newly covered by VAWA 2013, the following also identifies 
specific issues for which HUD seeks comment to inform HUD in the 
development of regulations or guidance, or both, as may be applicable.

A. Coverage for Victims of Sexual Assault

    Pre-VAWA 2013: Absence of reference to victims of sexual assault in 
HUD covered programs. Although VAWA 2005 contained provisions for 
protection of victims of sexual assault (see 42 U.S.C. 14043e-1), 
reference to protection of victims of sexual assault was not part of 
the VAWA 2005 requirements applicable to HUD programs; that is, 
reference to victims of sexual assault was not included in the 
amendments to sections 6 and 8 of the 1937 Act. (See 42 U.S.C. 1437d(3) 
and 1437f(9) prior to amendment by VAWA 2013.) ``Sexual assault'' is 
defined as ``any nonconsensual sexual act proscribed by Federal, 
tribal, or State law, including when the victim lacks capacity to 
consent'' (42 U.S.C. 13925(a)).
    VAWA 2013: Coverage of victims of sexual assault in HUD covered 
programs. VAWA 2013 extends these protections to victims of sexual 
assault participating in HUD covered programs.

B. Admission, Occupancy, and Termination of Assistance Policies

    Pre-VAWA 2013: The pre-VAWA 2013 requirements provided the 
following protections relating to admission, occupancy, and termination 
of assistance policies. The regulatory citation in parentheses that 
follows each protection provides where this protection, as applies to 
HUD's public housing and section 8 programs, is currently codified in 
HUD regulations:
     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 assisted housing if the applicant 
otherwise qualifies for assistance or admission (addressed in 24 CFR 
5.2005(b));
     Incidents or threats of domestic violence, dating 
violence, or stalking will not be construed as serious or repeated 
violations of the lease or as ``good cause'' for termination of the 
assistance, tenancy, or occupancy rights of the victim (addressed in 24 
CFR 5.2005(c)(1)); and
     Criminal activity directly relating 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 assistance, tenancy, or occupancy 
rights if the tenant or an immediate family member of the tenant is the 
victim (addressed in 24 CFR 5.2005(c)(2)).
    VAWA 2013: The protections described above are also included in 
VAWA 2013 and apply to all HUD covered programs. In each of the 
protections described above, VAWA 2013 also adds sexual assault 
whenever the pre-VAWA 2013 language references ``domestic violence, 
dating violence, or stalking.''
    Criminal activity. VAWA 2013 also expands protections relating to 
the prohibition of terminating assistance because of criminal activity 
directly relating to domestic violence, dating violence, sexual 
assault, or stalking by replacing the term ``immediate family member'' 
with ``affiliated individual.'' VAWA 2013 provides that criminal 
activity directly relating to domestic violence, dating violence, 
sexual assault, or stalking that is 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

[[Page 47720]]

occupancy rights if the tenant or an affiliated individual of the 
tenant is the victim or threatened victim of the domestic violence, 
dating violence, sexual assault, or stalking (emphasis added).
    Affiliated individual. VAWA 2013 defines an ``affiliated 
individual,'' with respect to an individual, as a spouse, parent, 
brother, sister, or child of that individual, or an individual to whom 
that individual stands in loco parentis, or any individual, tenant, or 
lawful occupant living in the household of that individual.
    The 2011 Senate legislation for reauthorization of VAWA, the VAWA 
Reauthorization Act of 2011 (S. 1925), introduced the term ``affiliated 
individual.'' The Senate Report accompanying that legislation (Senate 
Rpt. 112-153, March 12, 2012) explained the reason for the introduction 
of that term. The report stated in relevant part as follows: ``[T]o 
better reflect the terminology used by the housing industry, the bill 
replaces the term `immediate family member' with `affiliated 
individual' in referring to other victims associated with the tenant 
who are protected under this provision.'' (Senate Rpt. 112-153, at page 
13.\6\)
---------------------------------------------------------------------------

    \6\ See http://www.gpo.gov/fdsys/pkg/CRPT-112srpt153/pdf/CRPT-112srpt153.pdf.
---------------------------------------------------------------------------

C. Rights and Responsibilities of PHAs, Owners, and Managers

    Pre-VAWA 2013: Noninterference with rights and responsibilities of 
PHAs, Owners, and Managers. Pre-VAWA 2013 requirements provided that 
the policies governing admission, occupancy, and termination of 
assistance are not to interfere with certain rights and 
responsibilities of public housing agencies (PHAs), owners, or managers 
\7\ regarding criminal activity or acts of violence against family 
members or others.
---------------------------------------------------------------------------

    \7\ Please note that in HUD's housing programs the term 
``manager'' as used in VAWA 2013 is synonymous with the phrase 
``management agent.''
---------------------------------------------------------------------------

    Option to bifurcate lease. Specifically, pre-VAWA 2013 requirements 
provided that notwithstanding the restrictions placed on admission, 
occupancy, and termination of occupancy or assistance as discussed in 
preceding section B of this notice, or any Federal, State, or local law 
to the contrary, a PHA, owner, or manager of assisted housing may 
bifurcate a lease for housing in order to evict, remove, or terminate 
assistance to any individual who is a tenant or lawful occupant of the 
housing who engages in criminal acts of physical violence against 
family members or others without evicting, removing, terminating the 
assistance to, or otherwise penalizing a victim of such violence, who 
is a tenant or lawful occupant (addressed in 24 CFR 5.2009(a)).
    VAWA 2013: Bifurcation of lease and opportunity to establish 
eligibility for remaining tenants. VAWA 2013 continues to allow for 
lease bifurcation, but changes the language regarding the violent acts 
(``criminal acts of physical violence against family members or 
others'' becomes ``criminal activity directly relating to domestic 
violence, dating violence, sexual assault, or stalking against an 
affiliated individual or other individual''), and mandates that if such 
bifurcation occurs, and the removed tenant or lawful occupant was the 
sole tenant eligible to receive assistance under a covered housing 
program, the PHA, owner, or manager shall provide any remaining tenant 
the opportunity to establish eligibility for the covered housing 
program.
    If the remaining tenant cannot establish eligibility, the PHA, 
owner, or manager is required to provide the tenant a reasonable time 
to find new housing or to establish eligibility under another covered 
housing program. VAWA 2013 provides that the appropriate agency, in 
this case HUD, with respect to HUD covered programs, is to determine 
what constitutes a reasonable time.
    HUD will provide through rulemaking or guidance, as may be 
applicable, what constitutes a reasonable time for remaining tenants to 
find new housing or establish eligibility under another HUD covered 
housing program.
    Specific request for comment. HUD specifically solicits comment 
from HUD participants in HUD covered programs on that period that would 
be reasonable to find new housing or establish eligibility under 
another HUD covered housing program.
    Pre-VAWA 2013: Restrictions on implementing VAWA protections. Pre-
VAWA 2013 requirements also provided restrictions that the law places 
on implementing the VAWA protections, and carrying out the rights and 
responsibilities under VAWA, as discussed in section B. The regulatory 
citation in parentheses, which follows each limitation, provides where 
this limitation, as applies to HUD's public housing and section 8 
programs, is currently codified in HUD regulations. Pre-VAWA 2013 
requirements provided that VAWA:
     May not be construed to limit a PHA, owner, or manager 
from honoring various court orders issued to either protect the victim 
or address the distribution of property in case a household breaks up 
(addressed in 24 CFR 5.2009(b));
     Does not limit any otherwise available authority of a PHA, 
owner, or manager to terminate assistance or evict due to any lease 
violation unrelated to domestic violence, dating violence, or stalking, 
provided that the owner or manager does not subject a tenant to a more 
demanding standard than other tenants in determining whether to evict 
or terminate assistance (addressed in 24 CFR 5.2005(d)(1));
     May not be construed to limit the authority of a PHA, 
owner, or manager to terminate the assistance of, or evict, any 
occupant who can be demonstrated to pose an actual and imminent threat 
to other tenants or the property's employees (addressed in 24 CFR 
5.2005(d)(2)); and
     Shall not be construed to supersede any provisions of 
Federal, State, or local laws that provide greater protection for 
victims of domestic violence, dating violence, or stalking (addressed 
in 24 CFR 5.2011).
    VAWA 2013: VAWA 2013 extends these restrictions to all HUD covered 
programs. Additionally, PHAs, owners, and managers must immediately 
include victims of sexual assault in the provision currently described 
at 24 CFR 5.2005(d)(1). HUD notes that VAWA 2013 does not include 
victims of sexual assault in this provision, but as this is 
inconsistent with other changes in the law, HUD believes that the 
absence of sexual assault in this provision was an oversight in the 
drafting of the statute, rather than congressional intent to exclude 
victims of sexual assault from this provision.

D. Documentation of Domestic Violence, Dating Violence, Sexual Assault, 
or Stalking, and Confidentiality

    Pre-VAWA 2013: Documentation requirements. Pre-VAWA 2013 
requirements allowed a PHA, owner, or manager of assisted housing to 
request documentation that an applicant or tenant is a victim of 
domestic violence, dating violence, or stalking if the applicant or 
tenant seeks and requests the protections of VAWA previously discussed 
in this notice (addressed in 24 CFR 5.2007(a)). However, VAWA did not 
require a PHA, owner, or manager of assisted housing to request this 
information (addressed in 24 CFR 5.2007(d)). If a tenant or applicant 
does not provide this documentation after it is requested by the PHA, 
owner, or manager, then the PHA, owner, or manager may evict or 
terminate assistance of the tenant or a family member, for violations 
of the lease or family obligations that otherwise would

[[Page 47721]]

constitute good cause to evict or grounds for termination (addressed in 
24 CFR 5.2007(c)).
    Acceptable forms of documentation include the following (the 
regulatory citation in parentheses that follows each form of 
documentation, as applies to HUD's public housing and section 8 
programs, provides where this documentation is currently codified in 
HUD regulations):
     A certification form approved by HUD that states that an 
applicant or tenant is a victim of domestic violence, dating violence, 
or stalking, the incident of domestic violence, dating violence, sexual 
assault, or stalking that requires protection, and the name of the 
perpetrator (addressed in 24 CFR 5.2007(b)(1) and the HUD-approved 
forms are HUD-50066 and HUD-91066 \8\);
---------------------------------------------------------------------------

    \8\ The HUD-approved certification form, HUD-50066, is used by 
the HUD covered programs administered by HUD's Office of Public and 
Indian Housing. The HUD-approved certification form, HUD-91066, is 
used by the HUD covered programs administered by HUD's Office of 
Multifamily Housing, Office of Housing. These forms are available 
at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/.
---------------------------------------------------------------------------

     A document that is signed by the applicant or tenant and 
an employee, agent, or volunteer of a victim service provider, an 
attorney, or a medical professional, from whom the applicant or tenant 
has sought assistance relating to domestic violence, dating violence, 
or stalking, or the effects of abuse, in which the professional states, 
under penalty of perjury, that he or she believes that the abuse meets 
the requirements found in VAWA (addressed in 24 CFR 5.2007(b)(3));
     A Federal, State, tribal, territorial, or local police 
report or court record (addressed in 24 CFR 5.2007(b)(2)); or
     A statement or other evidence provided by an applicant or 
tenant, at the discretion of the PHA, owner, or manager (addressed in 
24 CFR 5.2007(d)).
    The applicant or tenant must provide the documentation within 14 
business days after the date that the applicant or tenant receives a 
request in writing for such documentation, though the PHA, owner, or 
manager of assisted housing may extend the 14-day deadline at his or 
her discretion (addressed in 24 CFR 5.2007(a)).
    Confidentiality requirements. Pre-VAWA 2013 requirements mandated 
that any information submitted to a PHA, owner, or manager regarding 
domestic violence, dating violence, or stalking, including the fact 
that the individual is a victim of such abuse, be kept confidential and 
may not be entered into any shared database or disclosed to any other 
entity or individual, except to the extent that the disclosure is 
requested or consented to by the individual in writing, required for 
use in an eviction proceeding, or otherwise required by applicable law 
(addressed in 24 CFR 5.2007(b)(4)). If a PHA, manager, or owner 
receives documentation that contains conflicting information, the PHA, 
owner, or manager may require an applicant or tenant to submit third-
party documentation (addressed in 24 CFR 5.2007(e)).
    VAWA 2013: Documentation and confidentiality requirements. VAWA 
2013 extends the documentation and confidentiality provisions found in 
the existing VAWA requirements to all HUD covered programs. VAWA 2013, 
as did VAWA, requires a certification form approved by the appropriate 
agency, which is HUD for the HUD covered programs.
    Development of forms for new HUD covered programs. HUD will develop 
forms, similar to forms HUD-50066 and HUD-91066 for the newly covered 
HUD programs.
    Specific request for comment. HUD specifically solicits comment on 
how these forms may be adapted for the newly covered HUD programs.
    Increased confidentiality and statement of mental health 
professional. Changes made by VAWA 2013 to the documentation and 
confidentiality requirements currently reflected at 24 CFR, part 5, 
subpart L are as follows:
     Sexual assault is added to the list of domestic violence, 
dating violence, or stalking;
     The victim of domestic violence, dating violence, sexual 
assault, or stalking is required to provide the name of the perpetrator 
on the HUD-approved certification form only if the name of the 
perpetrator is safe to provide and is known to the victim;
     An acceptable form of documentation includes a document 
that is signed by the applicant or tenant and a mental health 
professional from whom the applicant or tenant has sought assistance 
relating to domestic violence, dating violence, sexual assault, or 
stalking, or the effects of such actions, and states, under penalty of 
perjury, that the mental health professional believes that the domestic 
violence, dating violence, sexual assault, or stalking meets the 
requirements found in VAWA 2013; and
     An acceptable form of documentation includes a record of 
an administrative agency.
    Modification to existing forms. HUD will modify its existing forms, 
HUD-50066 and HUD-91066, to ensure that the forms reflect an obligation 
on the part of the victim to provide the name of the perpetrator only 
if it is safe to provide and if it is known to the victim. HUD will 
also modify its existing forms to reflect the additional acceptable 
forms of documentation that the victim may submit; for example, a 
document signed by the tenant, or a mental health professional or an 
administrative agency record. In addition, HUD will modify its forms to 
cover victims of sexual assault.

E. No superseding of greater protections

    Pre-VAWA 2013: VAWA provides that protections provided by VAWA do 
not supersede any provision of any Federal, State, or local law that 
provides greater protection for victims of domestic violence, dating 
violence, or stalking (addressed in 24 CFR 5.2011).
    VAWA 2013: VAWA 2013 expands this provision to all covered housing 
programs and adds sexual assault to the list of domestic violence, 
dating violence, or stalking.

F. Notification

    Pre-VAWA 2013: Notification of VAWA protections. Pre-VAWA 2013 
requirements obligated each PHA, owner, and manager of assisted housing 
to provide notice to tenants of their VAWA rights, including the right 
to confidentiality and the limits thereof (addressed in 24 CFR 
5.2005(a))(1) and 5.2005(a)(3)). Additionally, pre-VAWA 2013 
requirements obligated each PHA to provide notice to owners and 
managers of assisted housing of their rights and obligations under VAWA 
(addressed in 24 CFR 5.2005(a)(2)).
    VAWA 2013: Enhanced notification of VAWA protections. VAWA 2013 
extends the requirements addressed at 24 CFR 5.2005(a)(1) and 
5.2005(a)(3) to all covered HUD programs, but requires that HUD, as 
opposed to the individual housing provider, develop the notice 
outlining the applicant or tenant's rights. VAWA 2013 removes the 
statutory requirement addressed at 24 CFR 5.2005(a)(2), but this 
requirement is still in effect (via HUD's regulation) for the section 8 
program. Additionally, VAWA 2013 requires that the notice be provided 
together with the certification form discussed in section D of this 
notice. VAWA 2013 also requires notice to be provided at the time the 
applicant is denied residency in a dwelling unit, at the time the 
individual is admitted to a dwelling unit, with any notification of 
eviction or notification of termination of assistance, and in multiple 
languages, consistent with guidance issued by the Secretary of Housing 
and Urban

[[Page 47722]]

Development in accordance with Executive Order 13166.
    Development of Notice of Rights. HUD is developing the notice of 
rights, which will be issued first for comment under the Paperwork 
Reduction Act.
    Specific request for comment. HUD specifically solicits comment, in 
advance of issuance of a notice for comment under the Paperwork 
Reduction Act, on the content of the notice of tenant's rights.

G. Emergency Transfers--New Provisions in VAWA 2013

    VAWA 2013 adds increased protection for victims of abuse by 
requiring HUD to adopt a model emergency transfer plan for use by PHAs, 
owners, managers or other housing providers participating in HUD 
covered programs. The model plan must allow tenants who are victims of 
domestic violence, dating violence, sexual assault, or stalking to 
transfer to another available and safe dwelling under a covered housing 
program and must incorporate reasonable confidentiality measures to 
ensure that the public housing agency or owner or manager does not 
disclose the location of the new dwelling unit of a tenant to a person 
that commits an act of domestic violence, dating violence, sexual 
assault, or stalking against the tenant. The tenant can be granted a 
transfer only if the tenant requests a transfer, and either the tenant 
reasonably believes he or she is threatened with imminent harm from 
further violence if he or she remains in the unit or, if the tenant is 
a sexual assault victim, the sexual assault occurred on the premises 
during the 90-day period preceding the transfer request. Any transfer 
is subject to the availability of other assisted housing and subject to 
all other HUD requirements being met.
    In addition, VAWA 2013 requires HUD to establish policies and 
procedures under which victims of abuse requesting an emergency 
transfer may receive, subject to the availability of tenant protection 
vouchers, assistance through the tenant-based section 8 program.
    Specific Request for Comment. HUD specifically requests comments on 
the content of the model emergency transfer plan and the implementation 
of the tenant protection vouchers provision.

III. Complying with VAWA 2013 Requirements

    As noted earlier in this notice, HUD will undertake rulemaking to 
conform its existing VAWA regulations, currently applicable to public 
housing and section 8 programs, to the new statutory language and 
requirements, and to put in place VAWA regulations for all the HUD 
covered programs.
    HUD's Public Housing and Section 8 Programs. Since HUD's public 
housing and section 8 programs already have VAWA regulations in place, 
compliance with the VAWA 2013 requirements will be easier for PHAs, 
owners, and managers participating in these programs. With the 
exception of emergency transfer plans and the determination of what is 
a ``reasonable time'' for a victim to find new housing or establish 
eligibility for another HUD program after the abuser (a person that 
commits an act of domestic violence, dating violence, sexual assault, 
or stalking) has been removed from the program, PHAs, owners, or 
managers administering public or section 8 housing will continue to 
provide VAWA protections as provided in 24 CFR part 5, subpart L, as 
those protections are enhanced by VAWA 2013. Before such time that HUD 
develops the model Emergency Transfer Plan, PHAs, owners, or managers 
may continue to implement any transfer plan at that property/program as 
described in an agency's admissions and occupancy plan or 
administrative plan.
    New HUD Covered Programs. For those HUD covered programs that were 
not previously required to offer VAWA protections, HUD recognizes that 
full compliance with VAWA 2013 may be challenging at this time. 
Although all housing providers in HUD covered programs are concerned 
with the safety of their tenants and strive to ensure that tenants feel 
safe in their housing and the neighborhood in which the housing is 
located, HUD recognizes the challenge for maintaining safety that is 
presented by domestic violence since the threat to safety is generally 
in the tenant's own household, and the overall shortage of available 
affordable housing can complicate the ability to immediately transfer 
victims of domestic violence to other housing. The complications may be 
eased somewhat as a result of protections for victims of domestic 
violence provided by State and local laws.\9\ Having these types of 
laws in place across the Nation may help to facilitate compliance with 
VAWA 2013.
---------------------------------------------------------------------------

    \9\ See compendium of State and local laws that affect domestic 
violence survivors' housing rights compiled by the National Housing 
Law Project at http://nhlp.org/files/Domestic%20violence%20housing%20compendium%20FINAL7.pdf.
---------------------------------------------------------------------------

    Guidance to be issued for new HUD covered programs. Recognizing the 
challenges facing participants in the new HUD covered programs that are 
now subject to VAWA requirements, HUD will be issuing administrative 
guidance to help programs comply with VAWA 2013, in addition to 
promulgating regulations.

IV. Solicitation of Comment

    In this notice, HUD has highlighted certain issues for which 
comment is specifically sought, but welcomes comment on any aspect of 
this notice.

    Dated: July 31, 2013.
Shaun Donovan,
Secretary.
[FR Doc. 2013-18920 Filed 8-5-13; 8:45 am]
BILLING CODE 4210-67-P