Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)

[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17548-17584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06781]

[[Page 17547]]

Vol. 80

Wednesday,

No. 62

April 1, 2015

Part II

Department of Housing and Urban Development

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24 CFR Parts 5, 92, 200, et al.

Violence Against Women Reauthorization Act of 2013: Implementation in
HUD Housing Programs; Proposed Rule

Federal Register / Vol. 80 , No. 62 / Wednesday, April 1, 2015 /
Proposed Rules

[[Page 17548]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 5, 92, 200, 574, 576, 578, 880, 882, 883, 884, 886,
891, 960, 966, 982, and 983

[Docket No. FR-5720-P-02]
RIN 2501-AD71

Violence Against Women Reauthorization Act of 2013:
Implementation in HUD Housing Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend HUD's regulations to fully
implement the requirements of the Violence Against Women Act (VAWA) as
reauthorized in 2013 under the Violence Against Women Reauthorization
Act of 2013 (VAWA 2013). VAWA 2013 provides enhanced statutory
protections for victims of domestic violence, dating violence, sexual
assault, and stalking. VAWA 2013 also expands VAWA protections to HUD
programs beyond HUD's public housing and Section 8 programs, which were
covered by the reauthorization of VAWA in 2005 (VAWA 2005). In addition
to proposing regulatory amendments to fully implement VAWA 2013, HUD is
also publishing for public comment two documents concerning tenant
protections required by VAWA 2013--a notice of occupancy rights and an
emergency transfer plan. Although VAWA refers to women in its title,
the statute makes clear that the protections are for all victims of
domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, sexual orientation, or age.

DATES: Comments due June 1, 2015.

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. Interested persons are invited to submit
comments regarding this proposed rule. There are two methods for
submitting public comments. 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 comments 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 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, contact Todd Thomas, Acting Director, Public Housing
Management and Operations Division, Office of Public and Indian
Housing, Room 4210, telephone number 202-402-5849; HUD's Housing Choice
Voucher program (Section 8), contact Becky Primeaux, Director, Housing
Voucher Management and Operations Division, Office of Public and Indian
Housing, Room 4216, telephone number 202-402-6050; HUD's Multifamily
Housing programs, contact Yvette M. Viviani, Director, Housing
Assistance Policy Division, Office of Housing, Room 6138, telephone
number 202-708-3000; HUD's HOME Investment Partnerships program,
contact Virginia Sardone, 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, contact William Rudy, Acting Director,
Office of HIV/AIDS Housing, Office of Community Planning and
Development, Room 7212, 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 Federal Relay Service, toll-
free, at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Purpose of This Regulatory Action

This rule commences the rulemaking process to implement those
provisions of VAWA 2013 that are not self-implementing. The
reauthorization of VAWA 2013 expanded applicability of the VAWA
protections to HUD programs beyond those HUD programs specified in VAWA
2005. VAWA 2013 also explicitly specifies sexual assault, which was not
covered in VAWA 2005, as covered by VAWA protections. VAWA 2013 also
expands the protections for victims of domestic violence, dating
violence, sexual assault, and stalking by requiring housing providers
to have emergency transfer plans, and by providing reasonable time for
tenants to establish eligibility for assistance under a VAWA-covered
program where an assisted household has to be divided as a result of
domestic violence. While the core protections of VAWA--prohibition on
denying or terminating housing assistance on the basis that an
applicant or tenant is a victim of domestic violence, dating violence,
sexual assault, or stalking--apply without rulemaking and HUD has
advised its program participants of such immediate applicability, other
requirements of VAWA 2013 must first be submitted for public comment,
and this proposed rule addresses those requirements.
The importance of having HUD's VAWA regulations updated cannot be
overstated. The expansion of VAWA 2013 to other HUD rental assistance
programs emphasizes the importance of protecting victims of domestic
violence, dating violence, sexual assault, and

[[Page 17549]]

stalking, in all HUD housing offering rental assistance. By having all
housing providers in HUD-covered programs be aware of the protections
of VAWA and the actions that they must take to provide such protections
if needed, HUD signals to all tenants in the covered housing programs
that HUD is an active part of the national response to prevent domestic
violence, dating violence, sexual assault, and stalking

Summary of the Major Provisions of This Regulatory Action

Key regulatory provisions to be addressed by this rule include
proposed regulations that would:
Include ``sexual assault'' as an action covered by VAWA
protections, an action that was not included for HUD-covered programs
by VAWA 2005.
Establish a definition for ``affiliated individual'' based
on the statutory definition and that is usable and workable for
programs covered by VAWA.
Apply VAWA protections to the Housing Trust, which was not
statutorily listed as a covered program.
Establish a reasonable period of time during which a
tenant (in situations where the tenant is not the perpetrator) may
establish eligibility to remain in housing, where the tenant's
household is divided due to domestic violence, dating, violence, sexual
assault, or stalking, and where the tenant was not the member of the
household that previously established eligibility for assistance.
Establish what constitutes a safe and available unit to
which a victim of domestic violence, dating violence, sexual assault,
or stalking can be transferred on an emergency basis.
Establish what documentation requirements, if any, should
be required of a tenant seeking an emergency transfer to another
assisted unit.
Please refer to section II of this preamble, entitled ``This
Proposed Rule'' for a more detailed discussion of all the changes
proposed by this rule.

Costs and Benefits

The benefits of HUD's proposed regulations include codifying, in
regulation, the protections of VAWA to HUD programs beyond HUD's public
housing and Section 8 programs that have been covered since VAWA 2005;
strengthening the rights of victims of domestic violence, dating
violence, sexual assault, and stalking in HUD-covered programs,
including confidentiality rights; and possibly minimizing the loss of
housing by such victims through the bifurcation of lease provision and
emergency transfer provisions. With respect to rental housing, VAWA was
enacted to bring housing stability to victims of domestic violence. It
was determined that legislation was needed to require protections for
victims of domestic violence in rental housing because landlords often
responded to domestic violence occurring in one of their rental units
by evicting the tenant regardless of whether the tenant was a victim of
domestic violence, and refusing to rent to victims of domestic violence
on the basis that violence would erupt in the victim's unit if the
individual was accepted as a tenant. To ensure that landlords
administering HUD rental assistance did not respond to domestic
violence by denying or terminating assistance, VAWA 2005 brought HUD's
public housing and Section 8 programs under the statute's purview, and
VAWA 2013 covered the overwhelming majority of HUD programs providing
rental assistance.
The costs of the regulations are primarily paperwork costs. These
are the costs of providing notice to applicants and tenants of their
occupancy rights under VAWA, the preparation of an emergency transfer
plan, and documenting an incident or incidents of domestic violence,
dating violence, sexual assault, and stalking. The costs, however, are
minimized by the fact that VAWA 2013 requires HUD to prepare the notice
of occupancy rights to be distributed to applicants and tenants; to
prepare the certification form that serves as a means of documenting
the incident or incidents of domestic violence, dating violence, sexual
assault, and stalking; and to prepare a model emergency transfer plan
that guides the entities and individuals administering the rental
assistance provided by HUD in developing their own plans.

Invitation To Comment

HUD invites comment on its proposed regulations updating VAWA
protections in HUD-covered programs. In this preamble, HUD includes
twelve requests for comment on specific issues, and welcomes
consideration of additional issues that may be identified by
commenters.

I. Background

On March 7, 2013, President Obama signed into law VAWA 2013 (Pub.
L. 113-4, 127 Stat. 54). VAWA 2013 reauthorizes and amends VAWA 1994
(Title IV, sec. 40001-40703 of Pub. L. 103-322), which was previously
reauthorized by VAWA 2000 (Pub. L. 106-386) and VAWA 2005 (Pub. L. 109-
162, approved January 5, 2006, with technical corrections made by Pub.
L. 109-271, approved August 12, 2006). As originally enacted in 1994,
VAWA provided protections and services for victims of domestic
violence, sexual assault, and stalking, and authorized funding to
combat and prosecute perpetrators of sexual and domestic violence
crimes. VAWA 1994 was not applicable to HUD programs.
The VAWA 2005 reauthorization brought HUD's public housing program
and HUD's tenant-based and project-based section 8 programs
(collectively, the Section 8 programs) under coverage of VAWA by
amending sections 6 and 8 of the United States Housing Act of 1937 (the
1937 Act) (42 U.S.C. 1437 et seq.), which are the authorizing statutes
for those programs. VAWA 2005 established that being a victim of
domestic violence, dating violence, or stalking cannot be the basis for
denial of assistance or admission to public or Section 8 housing, and
provided other protections for victims. VAWA 2005 also contained
requirements for notification to tenants of the rights and protections
provided under VAWA, provisions on the rights and responsibilities of
public housing agencies (PHAs) and owners and managers of assisted
housing, and provisions pertaining to acceptable documentation of
incidents of domestic violence and related acts and maintaining the
confidentiality of the victim. HUD regulations pertaining to VAWA 2005
protections, rights, and responsibilities are codified in 24 CFR part
5, subpart L.
Title VI of VAWA 2013, ``Safe Homes for Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking,'' contains the
provisions that are applicable to HUD programs. Specifically, section
601 of VAWA 2013 removes VAWA protections from the 1937 Act and adds a
new chapter to Subtitle N of VAWA 1994 (42 U.S.C. 14043e et seq.)
entitled ``Housing Rights.'' As applicable to HUD, this chapter
provides additional protections for tenants beyond those provided in
VAWA 2005, and expands VAWA protections to other HUD programs. In this
preamble, unless otherwise stated, HUD uses the term VAWA 2013 to refer
solely to the amendments made to Subtitle N of VAWA 1994 by VAWA 2013.
On August 6, 2013, at 78 FR 47717, HUD issued a Federal Register
notice that provided an overview of the applicability of VAWA 2013 to
HUD programs. This notice listed the new HUD housing programs that VAWA
2013 added to the list of covered housing programs, described the

[[Page 17550]]

changes that VAWA 2013 made to existing VAWA protections, and
identified certain issues for which HUD specifically sought public
comment. HUD solicited public comment for a period of 60 days, and the
public comment period closed on October 7, 2013. HUD appreciates the
public comments submitted in response to the August 6, 2013, notice,
and these public comments were taken into consideration in the
development of this proposed rule. The public comments on the August 6,
2013, notice can be found at the www.regulations.gov governmentwide
portal, under docket number FR-5720-N-01, at http://www.regulations.gov/#!docketDetail;D=HUD-2013-0074.
Many of the comments submitted in response to the August 6, 2013,
notice asked HUD to advise program participants that certain VAWA
protections are in effect without the necessity of rulemaking. In
response to these comments, HUD offices administering the housing
programs covered by VAWA 2013 reached out to participants in the HUD
programs to advise them that the basic protections of VAWA--not denying
or terminating assistance to victims of domestic violence and expanding
the VAWA protections to victims of sexual assault--are in effect, and
do not require notice and comment rulemaking for compliance, and that
they should proceed to comply with the basic VAWA protections.\1\
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\1\ See, for example, the letter to Executive Directors of
public housing agencies from the Assistant Secretary for Public and
Indian Housing, issued September 30, 2013, at http://nhlp.org/files/Sept%202013%20VAWA%20letter%20to%20PHAs.pdf, as well as
communications from HUD's HOME Investment Partnerships Programs
(HOME) at https://www.onecpd.info/resources/documents/HOMEfires-Vol11-No1-Violence-Against-Women-Reauthorization-Act-2013.pdf, and
from HUD's Office of Special Needs Assistance Programs at https://www.onecpd.info/news/reauthorization-of-the-violence-against-women-act-vawa/.
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II. This Proposed Rule

This section of the preamble describes the regulatory changes that
HUD proposes to make to HUD's regulations to fully implement the rights
and protections of VAWA 2013.

A. HUD's Cross-Cutting VAWA Regulations--24 CFR Part 5, Subpart L

Subpart L of 24 CFR part 5 contains the core requirements of VAWA
2013 that are applicable to the HUD housing programs covered by VAWA
(defined in this proposed rule as ``covered housing programs''). The
regulations in this subpart are supplemented by the regulations for the
covered housing programs. The program-specific regulations address how
certain VAWA requirements are to be implemented for the applicable
covered housing program, given the statutory and regulatory framework
for the program. While the regulations in 24 CFR part 5, subpart L,
establish the core requirements of VAWA and how the VAWA requirements
are to be implemented generally, the program specific regulations,
given the statutory parameters of the individual covered housing
program, may provide for some VAWA protections to be applied
differently from that provided in the part 5 regulations.
The variations in implementation primarily pertain to the
requirements governing: Bifurcation of a lease to remove the
perpetrator of domestic violence, dating violence, sexual assault, or
stalking; emergency transfers; and who can request documentation
pertaining to incidents of domestic violence, dating violence, sexual
assault, or staking. The variations are largely found in the programs
administered by HUD's Office of Community Planning and Development
(CPD).
VAWA 2013 continues to contain language that reflects the structure
of the HUD housing programs first covered by VAWA 2005; that is,
housing that is administered by a public housing agency (PHA). The VAWA
2013 provisions do not quite match the structure of the newly covered
HUD programs, in which housing is not administered by a PHA. In
proposing how the VAWA protections are to be implemented in the newly
covered programs, HUD took into account both the statutory and
regulatory framework of each program and HUD's experiences in both
administering the program and in working with the different entities
that administer the program. In each case, HUD strived to fulfill the
underlying intent of the VAWA protections and provide meaningful
protection to victims of domestic violence, dating violence, sexual
assault, or stalking. As the proposed regulatory text reflects, for
some of the newly covered programs, greater responsibility to provide
and oversee VAWA protections is placed on the entities that receive
funding directly from HUD. For the other newly covered programs, more
responsibility is placed on the housing owners or managers. For
example, the HOME Investment Partnerships Program (HOME program)
provides formula grants to States and localities for a wide range of
activities including building, buying, and/or rehabilitating affordable
housing for rent or homeownership or providing direct rental assistance
to low-income people, but the States and local jurisdictions are not
responsible for administering assistance for rental housing in the same
way that public housing agencies administer the public housing program.
Under the HOME program, the assistance is administered by the property
owner or manager, with the directly funded agencies (the states and
localities) overseeing the administration of this eligible activity.\2\
Additionally, some of the newly covered programs provide more
discretion to the entities that HUD funds, while others are more
prescriptive. For example, under HUD's Housing Opportunities for
Persons With AIDS (HOPWA) program, the authorizing statute allows for
family members of a HOPWA-eligible tenant who dies, to continue for a
reasonable grace period, not to exceed 1 year, to remain in the unit,
and provides assistance with moving expenses to the remaining family
members. These program variations are reflected in the proposed
regulations set out in this rule.
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\2\ HUD's Guide for Property Owners participating in the HOME
program provides additional information on the allocation of
responsibilities. See http://portal.hud.gov/hudportal/documents/huddoc?id=19760_2009homerentalpo.pdf.
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Specific solicitation of comment 1: HUD specifically seeks comment
from the participants in each of the HUD-covered programs, who are
familiar with how a specific HUD-covered program operates, on whether
the proposed regulations for the specific HUD-covered program carry out
the intent of VAWA within the statutory parameters of the program.
Applicability (24 CFR 5.2001)
Existing Sec. 5.2001 lists the HUD programs covered by VAWA. This
rule would amend Sec. 5.2001 to include the new HUD housing programs
added by VAWA 2013, and to advise that the regulations in 24 CFR part
5, subpart L, address the statutory requirements of VAWA but that
application of the requirements to a specific program, as discussed in
the preceding section, may vary given the statutory and regulatory
framework of that individual covered housing program.
As provided in Sec. 5.2001, applicable ``assistance'' provided
under the covered housing programs generally consists of two types (one
or both): Tenant-based rental assistance, which is rental assistance
that is provided to the tenant; and project-based assistance, which is
assistance that attaches to the unit in which the tenant resides. For
project-based assistance, the assistance may consist of such assistance
as

[[Page 17551]]

operating assistance, development assistance, and mortgage interest
rate subsidy. Unless specificity is necessary to identify a particular
type of assistance covered by VAWA, this preamble and the proposed
regulations use the term ``assistance'' to refer broadly to the
assistance provided under the covered housing programs.
Definitions (Sec. 5.2003)
Introductory text (Revised): The introductory text of Sec. 5.2003
provides that certain terms are defined in subpart A of 24 CFR part 5.
This rule would remove the terms ``1937 Act'' and ``Responsible
Entity'' from the introductory text, as these terms are no longer used
in this subpart given the extension of VAWA protections beyond 1937 Act
programs.
Actual and imminent threat (Moved from Sec. 5.2005(e) to Sec.
5.2003): The definition of ``actual and imminent threat'' is currently
found in Sec. 5.2005(e). HUD does not propose to revise the
definition, but rather to move the definition from Sec. 5.2005(e) to
the definition section, Sec. 5.2003. HUD believes that the definition
of ``actual and imminent threat'' is more appropriately placed in the
definition section of the VAWA regulations.
Affiliated Individual (New): VAWA 2013 replaces the term
``immediate family member'' with ``affiliated individual.'' VAWA 2013
defines ``affiliated individual'' to mean, with respect to an
individual: ``(A) a spouse, parent, brother, sister, or child of that
individual, or an individual to whom that individual stands in loco
parentis; or (B) any individual, tenant, or lawful occupant living in
the household of that individual.'' The replacement of ``immediate
family member'' with ``affiliated individual'' is intended to cover
individuals lawfully occupying a unit but who may not necessarily meet
a definition of ``family.'' \3\
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\3\ VAWA 2005 defined ``immediate family member'' as (i) a
spouse, parent, brother or sister, or child of that person, or an
individual to whom that person stands in loco parentis; or (ii) any
other person living in the household of that person and related to
that person by blood or marriage.
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Under VAWA, an individual who is an immediate family member as
defined under VAWA 2005 or an affiliated individual under the broader
terminology adopted in VAWA 2013 does not receive VAWA protections if
the individual is not on the lease. However, if an affiliated
individual is a victim of domestic violence, dating violence, sexual
assault, or stalking, and the tenant is not the perpetrator of such
actions, the tenant cannot be evicted or have assistance terminated
because of the domestic violence, dating violence, sexual assault, or
stalking suffered by the affiliated individual. In addition, if the
affiliated individual were to apply for housing assistance, the
affiliated individual could not be denied assistance on the basis that
the affiliated individual is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
HUD adds this definition of ``affiliated individual'' to Sec.
5.2003, but proposes to modify the statutory definition slightly for
purposes of clarity and replaces the Latin term ``in loco parentis''
with plain language terminology. HUD proposes to define ``affiliated
individual'' as follows: Affiliated individual, with respect to an
individual, means: (A) A spouse, parent, brother, sister, or child of
that individual, or a person to whom that individual stands in the
place of a parent to a child (for example, the affiliated individual is
a child in the care, custody, or control of that individual); or (B)
any individual, tenant, or lawful occupant living in the household of
that individual.
In response to HUD's August 6, 2013, notice, a few commenters asked
for more information about who could be considered an ``affiliated
individual,'' and whether a live-in aide or caregiver would qualify. A
commenter stated that because program participants must inform housing
authorities and gain approval for the admittance of all household
members, ``affiliated individuals'' should not include those who are
unreported members of a household, or else it would result in the
situation in which VAWA protections would extend to individuals
violating program regulations.
HUD agrees with the commenter and does not read the statute to
apply VAWA protections to guests, and unreported members of the
household. The protections of VAWA are directed to the tenants.
Generally, tenants in the HUD programs covered by VAWA (in some HUD
programs, tenants are referred to as ``program participants'' or
``participants'') are individuals, who, at the time of admission, were
screened for compliance with the eligibility requirements specified by
the HUD covered program in which the tenant participates. Once
admitted, these tenants have contractual rights under a lease and may
have certain administrative protections, such as a right to an informal
hearing before termination of assistance or eviction occurs. These
rights and privileges do not apply to unauthorized or unreported
members of the household, such as guests, nor do they apply to
affiliated individuals.\4\ If a guest, an unreported member of the
household, or an affiliated individual is sexually assaulted, the
tenant may not be evicted because of the sexual assault, as long as the
tenant was not the perpetrator. While a live-in aide or caregiver who
resides in a unit may be a lawful occupant, nonetheless such individual
is not a tenant and the protections of VAWA would not apply, except
that the live-in aide or caregiver cannot be denied assistance if he or
she independently applies for assistance. Similarly, if an affiliated
individual is a victim of domestic violence, dating violence, sexual
assault, or stalking, the tenant with whom the affiliated individual
resides cannot be evicted or have assistance terminated on the basis of
the violence suffered by the affiliated individual, and, consequently,
the affiliated individual may receive indirectly the benefit of
continued assistance to the tenant.
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\4\ In addition to contractual rights and rights under VAWA,
tenants have rights under State law. See http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/tenantrights. http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/tenantrights.
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A commenter asked that the VAWA regulations contain a definition of
``family'' that is consistent with HUD's definition of ``family'' at 24
CFR 5.403. With the removal of reference to ``family'' in the VAWA
statute and regulations, HUD believes there is no need to add a
definition of ``family'' in the VAWA regulations. Additionally, the
majority of HUD programs covered by VAWA 2013 already incorporate the
definition of ``family'' in 24 CFR 5.403.\5\
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\5\ See HUD's regulations at 24 CFR 92.2, 200.3, 236.1, 574.3,
891.105, 982.4.
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Bifurcate (Revised): Bifurcation of a lease was provided in VAWA
2005 as an option available to a covered housing provider (which term
is defined below), and bifurcation of a lease remains an option, not a
mandate under VAWA 2013.
This rule would amend the definition of ``bifurcate'' to remove
reference to a ``public housing or section 8 lease'' since VAWA 2013
makes bifurcation of a lease an option in all covered housing programs,
subject to permissibility to bifurcate a lease under the program
requirements and/or state and local laws, as may be applicable.
This rule also proposes to revise the definition of ``bifurcate''
to reflect that VAWA 2013 authorizes a covered housing provider to
evict, remove, or terminate assistance to any individual who is a
tenant or a lawful occupant of a unit and who engages in criminal
activity directly relating to domestic

[[Page 17552]]

violence, dating violence, sexual assault, or stalking against an
affiliated individual or other individual, without evicting, removing,
terminating assistance to, or otherwise penalizing a victim of such
criminal activity who is also a tenant or lawful occupant of the
housing.
The rule proposes to define ``bifurcate'' to mean dividing a lease
as a matter of law, subject to the permissibility of such process under
the requirements of the applicable covered housing program and State or
local law, such that certain tenants or lawful occupants can be evicted
or removed and the remaining tenants or lawful occupants can continue
to reside in the unit under the same lease requirements or as may be
revised depending upon the eligibility for continued occupancy of the
remaining tenants and lawful occupants.
VAWA 2013 also revises the bifurcation process in VAWA 2005, and
these changes are addressed in Sec. 5.2009.
Covered housing program (New): VAWA 2013 includes a definition for
``covered housing program.'' The statutory definition includes the VAWA
2005 covered housing programs (public housing and Section 8 programs)
and the new HUD housing programs added by VAWA 2013. HUD proposes to
adopt the statutory definition, with the proposed inclusion of the
Housing Trust Fund program, as discussed below.\6\
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\6\ A commenter on the August 6, 2013, notice asked about
coverage of the Rural Development Voucher program. This program is
administered by the U.S. Department of Agriculture (USDA) and HUD
refers the commenter to USDA for VAWA information about USDA
programs.
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For some of the HUD covered housing programs, the program may
include assistance to which VAWA protections may not apply. For
example, HUD's HOME program offers homeownership assistance (see 24 CFR
part 92), and the HOME program's homeownership assistance is not
covered by VAWA. The type of assistance to which VAWA protections
apply, based on the statutory provisions themselves, is assistance for
rental housing, as discussed under the proposed definition of
``assistance.'' This type of assistance generally involves a tenant, a
landlord (the individual or entity that owns and/or leases rental
units) and a lease specifying the occupancy rights and obligations of
the tenant.\7\ It is this relationship in which VAWA intervenes to
ensure that, in covered housing programs, a tenant or other lawful
occupant who is a victim of domestic violence, dating violence, sexual
assault, or stalking is not further victimized by being evicted, having
assistance terminated, or having assistance denied solely because the
individual is a victim of domestic violence, dating violence, sexual
assault, or stalking.
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\7\ For HUD programs, the assistance provided under a covered
housing program may be assistance to the unit (assistance tied to
the unit) assistance to the tenant (assistance tied to the tenant)
or mortgage interest rate subsidies.
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Accordingly, this rule defines ``covered housing program'' to
encompass the HUD programs specified by the statute. The following
highlights the types of assistance in which the VAWA protections apply
to a covered housing program, given the statutory structure of the
program. HUD does not highlight in the regulatory text of 24 CFR part
5, subpart L, the types of assistance within each covered housing
program to which VAWA protections apply or may not apply. Programs
change, as a result of statutory changes, including changes made by
appropriations acts, and providing such specificity of assistance in
the part 5 regulatory text could quickly be outdated. However, the
program-specific regulations will reflect any changes in the coverage
of VAWA protections.
(1) Section 202 Supportive Housing for the Elderly (12 U.S.C.
1701q), with implementing regulations at 24 CFR part 891. Coverage of
the Section 202 Supportive Housing for the Elderly program includes
Senior Preservation Rental Assistance Contracts (SPRAC), and Project
Assistance Contracts (PAC). Coverage excludes Section 202 Direct Loan
Projects that are without project-based Section 8 assistance
(assistance necessary for VAWA coverage).\8\
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\8\ Section 202 of the National Housing Act of 1959 authorized
HUD to make long-term loans directly to multifamily housing projects
and the loan proceeds were used to finance the construction of
multifamily rental housing for persons age 62 years or older and for
persons with disabilities. Amendments to Section 202 in 1990
replaced the direct loan program with capital advance programs for
owners of housing designed for elderly or disabled residents. All
projects that received Section 202 direct loans are eligible for
project-based assistance under Section 8 but without such assistance
the housing is not rental housing to which VAWA protections would
apply.
---------------------------------------------------------------------------

(2) Section 811 Supportive Housing for Persons with Disabilities
(42 U.S.C. 8013), with implementing regulations at 24 CFR part 891.
Coverage of the Section 811 Supportive Housing for Persons with
Disabilities program includes housing assisted under the Capital
Advance Program and the Section 811 Rental Assistance Program, as
authorized under the Frank Melville Supportive Housing Investment Act
(Pub. L. 111-274, approved January 4, 2011).
(3) Housing Opportunities for Persons With AIDS (HOPWA) program (42
U.S.C. 12901 et seq.), with implementing regulations at 24 CFR part
574. Coverage of the HOPWA program includes housing receiving
assistance as provided in 24 CFR 574.320 and 574.340. In addition, and
as provided in the HOPWA regulations, the protections of VAWA apply to
project-based assistance or tenant-based rental assistance as provided
in Sec. Sec. 574.300 and 574.320, and to community residences as
provided in Sec. 547.300.
(4) HOME Investment Partnerships (HOME) program (42 U.S.C. 12741 et
seq.), with implementing regulations at 24 CFR part 92. Coverage of the
HOME program includes HOME tenant-based rental assistance and rental
housing assisted with HOME funds, except as may be otherwise provided
in 24 CFR 92.359.
(5) Homeless programs under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), including the Emergency
Solutions Grants program (with implementing regulations at 24 CFR part
576, coverage includes short- and medium-term rental assistance as
provided in 24 CFR 576.407(g)), the Continuum of Care program (with
implementing regulations at 24 CFR part 578), and the Rural Housing
Stability Assistance program (with regulations forthcoming, see March
27, 2013, proposed rule at 78 FR 18726, and 78 FR 18746).\9\ For the
Continuum of Care program, the VAWA protections apply to all permanent
housing and transitional housing, except safe havens,\10\ for which

[[Page 17553]]

Continuum of Care grant funds are used for acquisition, rehabilitation,
new construction, leasing, rental assistance, or operating costs. The
VAWA protections also apply where funds are used for homelessness
prevention, but only where the funds are used to provide short- and/or
medium-term rental assistance.\11\
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\9\ As noted in HUD's August 6, 2013, Federal Register notice,
HUD stated, in footnote 4, that VAWA 2013 says 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. (See 78 FR at 44719.) However, subtitle A does not address
a program, but rather provides definitions, and other general
provisions, applicable to title IV. HUD reiterates here its view
that the intent of Congress was 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
Stability Assistance program. HUD is cognizant that the statutory
reference is to a single program, and the predominant program
addressed under title IV, subtitle A, is the Continuum of Care
Program. That said, HUD proposes to apply the VAWA protections, to
the extent practicable, to the Emergency Solutions Grants Program
and the Rural Housing Stability Assistance Program, which are
authorized under subtitles B and D of the Act, respectively.
\10\ The Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless
Assistance Act, to, among other changes, repeal the ``Safe Havens
for Homeless Individuals Demonstration Program.'' Therefore, HUD has
not funded any new safe haven projects, but HUD will continue to
renew funding for existing safe haven projects as long as the
project continues to operate in accordance with certain
requirements. See https://www.hudexchange.info/resources/documents/SafeHavenFactSheet_CoCProgram.PDF. A safe haven is a form of
supportive housing that serves hard-to-reach homeless persons with
severe mental illness, who come primarily from the streets and have
been unable or unwilling to participate in housing or supportive
services.
\11\ Funding, for example, to cover mediation, credit
counseling, or case management are homeless prevention activities
not covered by VAWA.
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(6) 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 (BMIR) pursuant to section 221(d)(5), with implementing
regulations at 24 CFR part 221. The Section 221(d)(3) BMIR program
insured and subsidized mortgage loans to facilitate new construction or
substantial rehabilitation of multifamily rental cooperative housing
for low- and moderate-income families. The program is no longer active,
but Section 221(d)(3) BMIR properties that remain in existence are
covered by VAWA. Coverage of Section 221(d)(3)/(d)(5) BMIR housing does
not include section 221(d)(3)/(d)(5) BMIR projects that refinance under
section 223(a)(7) or 223(f) of the National Housing Act where the
interest rate is no longer determined under section 221(d)(5).
(7) Multifamily rental housing under section 236 of the National
Housing Act (12 U.S.C. 1715z-1), with implementing regulations at 24
CFR part 236. Coverage of the Section 236 program includes not only
those projects with mortgages under section 236(j) of the National
Housing Act, but also non-FHA-insured projects that receive interest
reduction payments (``IRP'') under section 236(b) of the National
Housing Act and formerly insured Section 236 projects that continue to
receive interest reduction payments through a ``decoupled'' IRP
contract under section 236(e)(2) of the National Housing Act. Coverage
also includes projects that receive rental assistance payments
authorized under section 236(f)(2) of the National Housing Act.
(8) 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) \12\ (with regulations at
24 CFR chapter IX), tenant-based and project-based voucher assistance
under section 8 of the 1937 Act (42 U.S.C. 1437f) (with regulations at
24 CFR chapter VIII and IX), and the Section 8 Moderate Rehabilitation
Single-Room Occupancy (SRO) (with implementing regulations at 24 CFR
part 882, subpart H).
---------------------------------------------------------------------------

\12\ A commenter asked whether Moving-to-Work PHAs must comply
with VAWA and the answer is yes. They are not exempt from
compliance.
---------------------------------------------------------------------------

(9) The Housing Trust Fund (12 U.S.C. 4568) (with regulations
forthcoming). In addition to the statutorily covered housing programs,
HUD proposes to include in the definition of ``covered housing
programs'' the Housing Trust Fund (HTF). In its proposed rule to
establish program regulations for HTF, published on October 29, 2010,
at 75 FR 66978, HUD proposed to codify the HTF program regulations in
the same CFR part, 24 CFR part 92, in which the HOME program
regulations are codified. HUD stated that the reason for the proposed
codification of the HTF regulations in the same CFR part as the HOME
program regulations was that the two programs were similar to each
other in most respects.\13\ Given the similarities between the HTF
program and the HOME program, and the statutory coverage of the HOME
program by VAWA 2013, HUD submits that the HTF is an appropriate
program to add to the list of covered programs.
---------------------------------------------------------------------------

\13\ See HUD's October 29, 2010, proposed rule at 75 FR 66970.
---------------------------------------------------------------------------

Specific solicitation of comment 2: HUD specifically solicits
comment on applying VAWA protections to rental housing assisted under
the HTF program in the same manner that HUD is proposing to apply the
VAWA protections to rental housing assisted under the HOME program.
Covered housing provider (New): This rule proposes to add a
definition of ``covered housing provider.'' This term would be used in
the part 5, subpart L, regulations to refer collectively to the
individuals or entities under the VAWA covered housing programs, such
as a public housing agency (PHA), state or local government, sponsor,
owner, mortgagor, grantee, recipient, or the subrecipient that has
responsibility for the administration and/or oversight of VAWA
protections. The existing regulations in 24 CFR part 5, subpart L,
reference only PHAs and owners and managers of assisted housing,
reflecting the limited coverage by VAWA 2005. This rule proposes the
term ``covered housing providers,'' to reflect that, under VAWA 2013,
implementation of VAWA protections and responsibilities are not limited
to PHAs, owners, and managers of assisted housing.
The program-specific regulations for the HUD programs covered by
VAWA identify the individual or entity that carries out the duties and
responsibilities of the covered housing provider, as set forth in part
5, subpart L. For any of the covered housing programs, there may be
more than one covered housing provider; that is, depending upon the
VAWA duty or responsibility to be performed, the covered housing
provider may not always be the same individual or entity. This is the
case generally for the newly covered HUD programs, for the reasons
discussed earlier in this preamble, and that is that they are not
administered by a PHA as was the case under the HUD program covered by
VAWA 2005. For example, in the Section 8 Housing Assistance Payment
programs, for which regulations are found in 24 CFR parts 880, 883,
884, and 886, and for which administration involves both a PHA and an
owner of the housing, it is the PHA, not the owner, that is responsible
for distributing to applicants and tenants the ``notice of occupancy
rights under VAWA, and certification form'' described at 24 CFR
5.2005(a). It is the owner (not the PHA) that may choose to bifurcate a
lease as described at 24 CFR 5.2009(a), and as discussed below, but it
is the PHA, not the owner, that is responsible for providing the
``reasonable time to establish eligibility for assistance following
bifurcation of a lease'' described at 24 CFR 5.2009(b), which is also
discussed below.
Domestic violence (Revised): HUD proposes to revise the definition
of ``domestic violence'' to reflect the statutory inclusion of
``intimate partner'' and ``crimes of violence'' in the definition for
this term. (See 42 U.S.C. 13925(a)(8).) Neither term is defined in
title VI of VAWA of 2013. The term ``intimate partner'' is defined in
section 40002(a) of VAWA 1994 (see 18 U.S.C. 2266), and addressed (but
not revised) in section 3 of VAWA 2013. Section 3 of VAWA provides
``universal definitions'' for VAWA. (See 42 U.S.C. 13925(a).) Title 18
of the U.S. Code addresses Crimes and Criminal Procedure, and part I,
chapter 110A of this title addresses domestic violence and stalking.
Section 2266 of title 18 defines ``intimate partner'' to include a
spouse, former spouse, a person who shares a child in common, and a
person who cohabits or has cohabited as a spouse; or a person who is or
has been in a romantic or intimate relationship,

[[Page 17554]]

as determined by factors such as the length and type of relationship;
or any other person similarly situated to a spouse who is protected by
the domestic or family violence laws of the State or tribal
jurisdiction. The term ``crime of violence'' is defined in 18 U.S.C. 16
to mean: ``an offense that has as an element the use, attempted use, or
threatened use of physical force against the person or property of
another, or (b) any offense that is a felony and that, by its nature,
involves a substantial risk that physical force against the person or
property of another may be used in the course of committing the
offense.'' HUD does not include the definitions for these terms but
provides a cross-reference to their definitions in title 18 of the U.S.
Code.
Immediate family member (Removed): As noted earlier, VAWA 2013
replaces the definition of ``immediate family member'' and substitutes
``affiliated individual.'' HUD therefore proposes to remove the
definition of ``immediate family member'' from the definition section.
Sexual assault (New): While VAWA 2005 contained provisions to
protect victims of sexual assault (see 42 U.S.C. 14043e-1), reference
to victims of sexual assault was not included in the amendments to
sections 6 and 8 of the 1937 Act, which established the VAWA
protections for HUD's public housing and Section 8 programs. (See 42
U.S.C. 1437d(3) and 1437f(9) prior to amendment by VAWA 2013.) VAWA
2013 extends VAWA protections to victims of sexual assault for all HUD-
covered housing programs. The term ``sexual assault'' is statutorily
defined as ``any nonconsensual sexual act proscribed by Federal,
tribal, or State law, including when the victim lacks capacity to
consent.'' (See 42 U.S.C. 13925(a).)
This rule would add the definition of ``sexual assault'' to the
definitions in 24 CFR part 5, subpart L, and would also add reference
to victims of sexual assault where other victims protected under VAWA
are addressed (i.e., victims of domestic violence, dating violence,
sexual assault, or stalking) to the regulations for the covered housing
programs.
Stalking (Revised): VAWA 2013 removed the definition of
``stalking'' in title VI, but a definition of ``stalking'' remains in
title I of VAWA. Title I defines ``stalking'' as ``engaging in a course
of conduct directed at a specific person that would cause a reasonable
person to--(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress.'' (See 42 U.S.C.
13925(a)(30)). HUD proposes to substitute this definition for the
definition of ``stalking'' in Sec. 5.2003.
VAWA (Revised): This rule would revise the definition of VAWA to
solely cite to the applicable U.S. Code citations.
VAWA Protections (Sec. 5.2005)--Revised To Include New Protections
VAWA 2013 expands on the protections provided by VAWA 2005, and
which are currently codified in HUD's regulations at 24 CFR 5.2005.
VAWA 2005 obligated each PHA, owner, and manager of assisted housing to
provide notice to tenants of their rights under VAWA, including the
right to confidentiality. In addition, VAWA 2005 obligated each PHA to
provide notice to owners and managers of assisted housing of their
rights and obligations under VAWA. These requirements are addressed in
HUD's existing regulations at 24 CFR 5.2005(a).
Notice of occupancy rights under VAWA and certification form (Sec.
5.2005(a)(1)(i)) and (ii): VAWA 2013 requires HUD, as opposed to the
individual covered housing provider, to develop the notice of rights
available under VAWA, which HUD refers to as the ``Notice of Occupancy
Rights under VAWA.'' VAWA 2013 provides that each covered housing
provider is to distribute the notice of occupancy rights developed by
HUD, together with the certification form specified by VAWA 2013
(discussed below). The notice and certification form are to be
distributed at such times as directed by VAWA.
VAWA 2013 states that the notice, to be developed by HUD, must also
include the rights to confidentiality and the limits to such
confidentiality. The confidentiality rights provided by VAWA and the
limits on such rights, which are to be addressed in this notice, are
also proposed to be codified in Sec. 5.2007(c) of HUD's regulations,
as further discussed below. VAWA 2013 provides that any information
submitted to a covered housing provider by an applicant or tenant (the
individual), including the fact that the individual is a victim of
domestic violence, dating violence, sexual assault, or stalking, shall
be maintained in confidence by the covered housing provider and may not
be entered into any shared database or disclosed to any other entity or
any other individual, except to the extent that the disclosure is: (1)
Requested or consented to by the individual in writing, (2) required
for use in an eviction proceeding involving VAWA protections, or (3)
otherwise required by applicable law. The ``otherwise required by
applicable law'' includes any additional procedures that may be
provided under the regulations of the applicable covered HUD programs,
or as required by other Federal, State, or local law.
Unlike the emergency transfer plan, discussed below, which VAWA
2013 refers to as a ``model plan,'' the statute does not refer to the
notice of occupancy rights as a ``model'' notice. HUD believes that the
difference in referring to the emergency transfer plan as a model plan
but not referring to the notice of occupancy rights as a model notice
may pertain, with respect to the plan, to the ability and feasibility
of a covered housing provider to transfer a victim of domestic
violence, dating violence, sexual assault, or stalking to an available
and safe unit, which may vary significantly given program differences.
However, the basic protections of VAWA apply to all covered housing
programs, notwithstanding program differences.
HUD, therefore, reads the statutory provision as requiring covered
housing providers to issue the notice as developed by HUD, without
substantive changes to the core protections and confidentiality rights
in the notice, but that covered housing providers should customize the
notice to reflect the specific assistance provided under the particular
covered housing program, and to their program operations that may
pertain to or affect the notice of occupancy rights. For example,
covered housing providers should add to the notice information that
identifies the covered program at issue (e.g., Housing Choice Voucher
program), the name of the covered housing provider (e.g., the Housing
Authority of Any Town), how much time a tenant would be given to
relocate to new housing in the event the covered housing provider
undertakes lease bifurcation and the tenant must move from the unit,
and any additional information and terminology that is used in the
program and makes the notice of occupancy rights more meaningful to the
applicants and tenants that receive the notice (e.g., use of
``apartment'' or ``housing'' in lieu of ``unit'').
Approved certification form (Sec. 5.2005(a)(1)(ii)): VAWA 2013
provides that an approvable certification form is one that: (1) States
that an applicant or tenant is a victim of domestic violence, dating
violence, sexual assault, or stalking; (2) states that the incident of
domestic violence, dating violence, sexual assault, or stalking that is
the ground for VAWA protection meets the requirements under VAWA; and
(3) includes the name of the individual who committed the domestic
violence, dating violence,

[[Page 17555]]

sexual assault, or stalking, if the name is known and safe to provide.
(See 42 U.S.C. 14043e-11(c)(3).)
Timing of distribution of notice of occupancy rights (Sec.
5.2005(a)(2)): VAWA 2013 directs the covered housing provider to
provide the notice of occupancy rights and certification form to an
applicant or tenant at the following times: (1) At the time the
applicant is denied residency in a dwelling unit assisted under the
covered housing program; (2) at the time the individual is admitted to
a dwelling unit assisted under the covered housing program; and (3) at
the time that any notification of eviction or notification of
termination of rental assistance is issued. The proposed regulatory
text includes these time periods but rewords the first two periods of
time to read as follows: (1) At the time the applicant is denied
assistance or admission under the covered housing program, and (2) at
the time the individual is provided assistance or admission under the
covered housing program.
Specific solicitation of comment 3: Given the many HUD programs
that are being added to VAWA coverage by VAWA 2013, HUD is considering
requiring that, at a minimum, the newly covered HUD programs distribute
the notice of occupancy rights and certification form to all current
tenants and not only to new tenants (i.e., at the time an individual is
provided assistance or admission under the covered housing program).
HUD specifically solicits comment on this proposal and whether there is
a less burdensome way to reach out to all existing tenants in the newly
covered HUD programs about their rights under VAWA.
Notice and certification form to be available in other languages
(Sec. 5.2005(a)(3)): VAWA 2013 also requires the notice and
certification form to be available in multiple languages, consistent
with guidance issued by HUD, implementing title VI of the Civil Rights
Act, which prohibits discrimination on the basis of race, color, and
national origin. (42 U.S.C. 14043e-11(d)(2).) The HUD Guidance was
required by Executive Order 13116 and implements HUD title VI and
related regulations in 24 CFR 1.4. HUD's Guidance requires recipients
of Federal financial assistance to take reasonable steps to ensure
meaningful access to programs and services by individuals with Limited
English Proficiency (LEP) and to reduce barriers that can preclude
meaningful access by LEP individuals. See HUD Final Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient
Persons (January 22, 2007), available at http://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pdf. The guidance contains a four-part
individualized assessment for recipients to use to determine the extent
of their obligations, and an appendix with examples of how the four-
part assessment might apply.
Prohibited basis for denial or termination of assistance or
eviction (Sec. 5.2005(b)): As discussed above, VAWA 2013 provides, to
the extent applicable, the same protections for applicants and tenants.
This proposed rule would therefore combine the protections for
applicants (currently found at Sec. 5.2005(b)) and the protections for
tenants (currently found at Sec. 5.2005(c)) into one paragraph at
Sec. 5.2005(b). (See 42 U.S.C. 14043e-11(b)(1).) In proposed Sec.
5.2005(b), paragraph (b)(1) would state the general prohibition
pertaining to denial or termination of assistance or eviction.
The prohibition, generally (Sec. 5.2005(b)(1)). Paragraph (b)(1)
of Sec. 5.2005(b)(1) provides that, under a covered housing program,
neither an applicant nor tenant assisted may be denied assistance or
admission, have assistance terminated, or be evicted on the basis that
the applicant or tenant is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking, if the applicant or
tenant otherwise qualifies for admission, assistance, participation, or
occupancy under a covered housing program.
Termination on the basis of criminal activity (Sec. 5.2005(b)(2)):
In proposed Sec. 5.2005(b), paragraph (b)(2) would address the VAWA
prohibition on denying or terminating assistance or evicting a tenant
solely on the basis of criminal activity directly related to domestic
violence, dating violence, sexual assault, or stalking if the tenant or
affiliated individual is the victim or threatened victim of such
activity. VAWA 2005 prohibited denying or terminating assistance or
evicting a tenant solely on the basis of criminal activity directly
related to domestic violence, dating violence, or stalking if the
tenant or immediate family member is the victim of such activity. VAWA
2013 expands the 2005 statutory prohibition to include reference to
sexual assault and reference to affiliated individuals, and this rule
would revise this protection to reflect the change in terminology.
A commenter on the August 6, 2013, notice asked for clarification
of the meaning of the term ``directly relating'' in the context of
criminal activity stating that it assumed that the use of the word
``directly'' was intended to limit the reach of the protection. The
commenter is correct. The prohibition in VAWA on denying or terminating
assistance on the basis of criminal activity, is not intended to cover
all criminal activity, such as criminal activity related to the selling
and distribution of narcotics, but rather solely to the criminal
activity that specifically relates to domestic violence, dating
violence, sexual assault, or stalking. HUD believes that, read in
context of the full VAWA provision, the term is clear and no further
elaboration is needed.
Construction of lease terms and terms of assistance (Sec.
5.2005(c)): Proposed new paragraph (c) of Sec. 5.2005 would
incorporate the direction of VAWA 2013 on how to construe certain lease
terms and terms of rental assistance. VAWA 2013 provides that an
incident of actual or threatened domestic violence, dating violence,
sexual assault, or stalking shall not be construed as: (1) A serious or
repeated violation of a lease executed under a covered housing program
by the victim or threatened victim of such incident; or (2) good cause
for terminating the assistance, tenancy, or occupancy rights under a
covered housing program of a victim or threatened victim of such
incident. (See 42 U.S.C. 14043e-11(b)(2).)
Although ``actual or threatened'' was removed by VAWA 2013 from
almost all places that this term appeared in VAWA 2005, VAWA 2013
retains its use here with respect to direction on how to construe
leases. The limited use of ``actual or threatened'' in VAWA 2013 may be
because the VAWA protections that are applicable to individuals under
the ``threat'' of domestic violence, dating violence, sexual assault,
or stalking are limited to tenants; thus, necessitating the need to
reference to ``threatened'' acts in determining lease violations. A
tenant's fear of ``threatened'' harm also arises in the context of a
tenant's request to be transferred to another unit. (See discussion of
the emergency transfer plan later in this preamble.)
It is HUD's position that consideration of ``threatened'' acts of
domestic violence is an important component of reducing domestic
violence, and the intent of VAWA is to reduce domestic violence. In
support of this position, HUD notes that the term ``crime of violence''
is used in VAWA's definition of ``domestic violence.'' ``Crime of
violence'' is defined in 18 U.S.C. 16 to mean (a) an offense that has
an element the use, attempted use, or threatened

[[Page 17556]]

use of physical force against the person or property of another or (b)
any other offense that is a felony and that, by its nature, involves a
substantial risk that physical force against the person or property of
another may be used in the course of committing the offense.
Limitation of VAWA protections (Sec. 5.2005(d)): Paragraph (d) of
Sec. 5.2005 would continue to address the limitations of VAWA
protections, but would be revised to reflect changes made by VAWA 2013.
Those changes include the expansion of coverage of HUD programs beyond
HUD's public housing and Section 8 programs, and new terminology such
as ``affiliated individual.''
HUD proposes to incorporate in Sec. 5.2005(d) the language
currently found in paragraph (b) of Sec. 5.2009 (Remedies available to
victims of domestic violence, dating violence, sexual assault or
stalking). Section 5.2009(b) addresses court orders and provides that
nothing in VAWA may be construed to limit the authority of a covered
housing provider to honor court orders and civil protection orders. HUD
views this provision as a limitation on VAWA protections, since such
orders may result in the disclosure of confidential information, and
therefore has moved this language to Sec. 5.2005(d)(1).
Although not required by VAWA, HUD retains paragraph (d)(3) of
existing Sec. 5.2005 (Sec. 5.2005(d)(4) in the proposed rule) that
encourages a covered housing provider to evict or terminate assistance
as provided in Sec. 5.2005(d) only when there are no other actions
that could be taken to reduce or eliminate the threat of domestic
violence. This paragraph provides that any eviction or termination of
assistance, as provided in the regulations, should be utilized by a
covered housing provider only when there are no other actions that
could be taken to reduce or eliminate the threat, including, but not
limited to, transferring the victim to a different unit, barring the
perpetrator from the property, contacting law enforcement to increase
police presence or develop other plans to keep the property safe, or
seeking other legal remedies to prevent the perpetrator from acting on
a threat. This paragraph was added to HUD's regulations in response to
public comment in the prior rulemaking. Covered housing providers are
strongly encouraged, although not mandated, to use eviction or
termination as a last resort.
Removal of definition of ``actual and imminent threat'' in Sec.
5.2005: As noted earlier in this preamble, HUD proposes to move the
definition of ``actual and imminent threat'' to the definition section,
Sec. 5.2003.
Emergency transfer plan (Sec. 5.2005(e)): VAWA 2013 increases
protection for victims of domestic violence, dating violence, sexual
assault, and stalking by requiring HUD to develop and adopt a model
emergency transfer plan for use by covered housing providers. HUD
addresses the requirements for the emergency transfer plan in Sec.
5.2005(e).
VAWA 2013 provides that the emergency transfer plan: (1) Must allow
tenants who are victims of domestic violence, dating violence, sexual
assault, or stalking to transfer to another available and safe dwelling
unit assisted under a covered housing program if the tenant expressly
requests the transfer; the tenant reasonably believes that the tenant
is threatened with imminent harm from further violence if the tenant
remains within the same dwelling unit assisted under a covered housing
program; or in the case of a tenant who is a victim of sexual assault,
the sexual assault occurred on the premises during the 90-day period
preceding the tenant's request for transfer; and (2) must incorporate
reasonable confidentiality measures to ensure that the covered housing
provider does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence, dating
violence, sexual assault, or stalking against the tenant. (See 42
U.S.C. 14043e-11(e).)
HUD emphasizes certain points about the statutory language.
First, the statutory language refers to ``reasonable
confidentiality measures'' and HUD replaces ``reasonable'' with
``strict'' confidentiality measures. HUD cannot overstate the
importance of guarding the identity of victims of domestic violence,
dating violence, sexual assault, and stalking and believes ``strict''
better reflects the intent of VAWA, which is optimum protections for
victims of domestic violence.
Second, the statutory documentation requirements of VAWA, which are
specified below in the discussion of Sec. 5.2007, are not statutorily
required with respect to a tenant requesting an emergency transfer.
Under a strict interpretation of section 41411(c)(1), (3)(A)(ii), and
(3)(B)(ii) of VAWA, the statutory requirements regarding documentation
only apply when a victim of domestic violence, dating violence, sexual
assault, or stalking requests ``protection under subsection (b)'' of
section 41411, which pertains only to lease bifurcation and the
prohibited bases for denial or termination of assistance or eviction.
Emergency transfers, in contrast, are covered in subsections (e) and
(f) of section 41411 and the statute is silent regarding documentation
requirements for requests for protection under those subsections. In
addition, the statutory language refers to ``tenants who are victims of
domestic violence, dating violence, sexual assault, and stalking.''
This phrasing possibly indicates that the tenant may have already been
determined to be victim of domestic violence, dating violence, sexual
assault, and stalking, and, therefore, no need for further
documentation.
HUD has reasonable discretion over what documentation requirements,
if any, to apply or allow when victims of domestic violence, dating
violence, sexual assault, or stalking request an emergency transfer
from their existing unit to another safe and available unit. However,
as noted earlier, because the statutory language refers to ``victims of
domestic violence'' there is also the implication that the individual
may have already been determined, through documentation, to be a victim
of domestic violence and, therefore, further documentation would not be
required.
In Sec. 5.2007, HUD provides that the documentation requirements
specified in paragraph (a) of Sec. 5.2007 do not apply to a request
for an emergency transfer requested under Sec. 5.2005(e), unless
otherwise specified by HUD by notice, or by the covered housing
provider in its emergency transfer plan. Inclusion in the emergency
transfer plan of any documentation requirements related to emergency
transfer provides earlier notification to tenants of documentation
requirements that may be imposed by the covered housing provider.
Specific solicitation of comment 4: HUD believes that documentation
requirements pertaining to the need for an emergency transfer are
important for both the tenant and the covered housing provider. HUD
invites comments on requiring documentation in the situation in which a
tenant who is a victim of domestic violence, dating violence, sexual
assault, or stalking requests an emergency transfer from the tenant's
existing unit to another safe and available unit, and what that
documentation might include. HUD welcomes commenters' views on whether
documentation requirements should be imposed for tenants requesting
emergency transfer, and, if so, whether less stringent documentation
requirements should apply due to the emergency nature of the requests
or more stringent documentation requirements should apply due to the
increased costs and risks that transfers might present to housing
owners, grantees, and PHAs.

[[Page 17557]]

HUD also seeks comment on the possibility of requiring documentation
after the emergency transfer has been achieved, which would then
provide a record for the covered housing provider as to why such a move
was necessary.
The statutory language refers to transfer to an ``available and
safe dwelling unit assisted under a covered housing program.'' The
tenant must expressly request the transfer and the tenant reasonably
believe that the tenant is threatened with imminent harm from further
violence if the tenant remains within the same dwelling unit, or in the
case of a tenant who is a victim of sexual assault, the sexual assault
occurred on the premises during the 90-day period preceding the request
for transfer. The use of the terms ``available and safe unit'' reflect
the limits of the covered housing provider's responsibility to transfer
a victim of domestic violence, dating violence, sexual assault, or
stalking to another unit.
Under an emergency transfer, the covered housing provider relocates
a tenant who is a victim of such actions from the unit in which the
tenant is residing to another unit if the covered housing provider has
a unit that is: (1) Not occupied and available to the tenant given
possible considerations that may be applicable, such as eligibility
requirements, waiting list, tenant preferences or prioritization, unit
restrictions, or term limitations; and (2) safe (for example, an
unoccupied unit immediately next door to the unit in which the victim
is residing would, on its face, be safer than the unit in which the
victim is currently residing, but the degree and extent of safety may
be questionable if the perpetrator remains in the unit in which the
victim was residing).
HUD reads ``under a covered housing program'' to mean the covered
housing provider must, at a minimum, transfer the tenant to a unit
under the provider's control and assisted under the same covered
program as the unit in which the tenant was residing, again, if a unit
is available and is safe. An example of the meaning of control can be
found in the Section 202 Supportive Housing for the Elderly program.
Under this program, a covered housing provider would not be able to
transfer a tenant to another Section 202 project that has a sponsor
that is different from the sponsor of the project in which the tenant
who is seeking to move is residing.
A covered housing provider, however, may transfer the tenant to a
unit assisted under another covered program administered by the covered
housing provider if a unit is available and safe, and if feasible given
any possible differences in tenant eligibility. HUD provides in Sec.
5.2005(e) that, with respect to emergency transfer of tenants, nothing
in Sec. 5.2005(e) is to be construed to supersede any eligibility, or
other occupancy requirements, that may apply under a covered housing
program.
Specific solicitation of comment 5: HUD also specifically solicits
comment on available and safe dwelling units that a covered housing
provider is required to consider in transferring a tenant, who
expressly requests a transfer, as a result of an incident of domestic
violence, dating violence, sexual assault, or stalking.
Specific solicitation of comment 6: HUD further solicits comment on
whether it would be helpful to covered housing providers if HUD issues
a model transfer request that includes the criteria for requesting the
transfer; i.e., reasonable belief that the tenant is being threatened.
HUD notes that HUD's Section 8 tenant-based rental program allows a
family to move with continued assistance within a PHA's jurisdiction or
to another PHA's jurisdiction (portability). The Section 8 tenant-based
regulations at 24 CFR 982.314 provide that a family or member of a
family may move with continued assistance if the move is needed to
protect the health and safety of the family or family member as a
result of domestic violence, dating, violence, sexual assault, or
stalking, or any family member has been the victim of a sexual assault
that occurred on the premises during the 90-day period preceding the
family's request to move. This regulation provides that a PHA may not
terminate assistance if a family moves with or without prior
notification to the PHA because the family or member of the family
reasonably believed they were in imminent threat from further violence
(however, any family member that has been the victim of a sexual
assault that occurred on the premises during the 90-day period
preceding the family's move or request to move, is not required to
believe that he or she was threatened with imminent harm from further
violence if he or she remained in the dwelling unit).
HUD's Continuum of Care (CoC) program regulations currently provide
for transfer of tenant-based rental assistance for a family fleeing
domestic violence, dating violence, sexual assault, or stalking. HUD's
regulation at 24 CFR 578.51(c)(3) covers program participants who have
complied with all program requirements during their residence and who
have been victims of domestic violence, dating violence, sexual
assault, or stalking. Section 578.51(c)(3) provide that program
participants must reasonably believe they are imminently threatened by
harm from further domestic violence, dating violence, sexual assault,
or stalking (which would include threats from a third party, such as a
friend or family member of the perpetrator of the violence). If program
participants remain in the assisted unit, Sec. 578.51(c)(3) provides
that they must be able to document the violence and the basis for their
belief. If program participants receiving tenant-based rental
assistance satisfy the requirements of 24 CFR 578.51(c)(3), then they
may retain rental assistance and move to a different CoC geographic
area if they choose to move out of the assisted unit to protect their
health and safety.
HUD is aware that the transfers of tenants from one unit to another
are not without costs, and HUD proposes that covered housing providers
follow, to the extent possible, existing policies and procedures in
place with respect to transfers, and make every effort to facilitate
transfers as quickly as possible, and to minimize such costs or bear
such costs, where possible, consistent with existing policies and
practices. HUD's CoC regulations, in addition to containing regulations
that provide for a victim of domestic violence, dating violence, sexual
assault, or stalking to retain his or her tenant-based rental
assistance and move to a different CoC geographic area, include
reasonable one-time moving costs as eligible supportive services cost.
(See 24 CFR 578.53(e)(2).)
Specific solicitation of comment 7. For covered housing providers
that have been involved in a transfer of tenants from one unit,
regardless of the reason for the transfer, HUD specifically solicits
comment on the costs of such transfer (including information on who
bears the costs of the transfer) and the paperwork involved to achieve
such transfer. For covered housing providers that have not been
involved in transfers, HUD solicits comment on the anticipated costs of
such transfer and anticipated paperwork involved.
VAWA documents: In addition to the proposed amendments discussed
above, the appendices to the proposed rule present for public comment
the documents that HUD is required to develop by VAWA: Appendix A to
this proposed rule presents the notice of occupancy rights; Appendix B
presents the model emergency transfer plan; and Appendix C presents the
proposed certification form.

[[Page 17558]]

Documenting the Occurrence of Domestic Violence, Dating Violence,
Sexual Assault, or Stalking (Sec. 5.2007)
This proposed rule would amend Sec. 5.2007, which addresses
documenting domestic violence, dating violence, or stalking and, now,
following VAWA 2013, documenting sexual assault. The proposed rule
would also revise the heading of this section to include reference to
``sexual assault.'' VAWA 2013 does not make significant changes to the
documentation content and procedures required by VAWA 2005. The types
of documents that an applicant or tenant are eligible to submit are
largely the same as in HUD's existing VAWA regulations, but there are
some changes.
Request for documentation (Sec. 5.2007(a)): As is the case in the
current regulations, if an applicant for assistance, or a tenant
assisted under a covered housing program represents to the covered
housing provider that the individual is entitled to the protections
under Sec. 5.2005, or to remedies under Sec. 5.2009, the covered
housing provider may request that the applicant or tenant submit to the
covered housing provider the documentation required in Sec. 5.2007. If
the covered housing provider makes this request, the request must be in
writing. As noted earlier in this preamble, the documentation
requirements in Sec. 5.2007(a) are not specified in this proposed rule
as applicable to a request made by the tenant for an emergency transfer
under Sec. 5.2005(e), but HUD is considering requiring documentation
for tenants requesting emergency transfer and has, earlier in this
preamble, specifically solicited comment on this issue.
Timeline for submission of requested documentation (Sec.
5.2007(a)(2)(ii)): The time period for an applicant or tenant to submit
documentation remains 14 business days following the date that the
covered housing provider requests, in writing, such documentation. This
is the same as in the existing regulations and, as in the existing
regulation, the covered housing provider can extend the time period for
the applicant or tenant to submit the necessary documentation.
Permissible documentation and submission requirements (Sec.
5.2007(b)): HUD proposes to reorganize existing Sec. 5.2007 to
consolidate the documentation requirements, including submission
requirements, into paragraph (b). Under this proposed reorganization an
applicant or tenant's statement or other evidence is now included in
paragraph (b), along with the other forms of documentation, instead of
in a separate paragraph in Sec. 5.2007, as is currently found in HUD's
existing regulations at Sec. 5.2007(d). Paragraph (b), as proposed to
be revised by this rule, would also address failure to provide the
documentation (currently Sec. 5.2007(c)) and conflicting evidence
presented by the applicant or tenant (currently Sec. 5.2007(e)).
Paragraph (b) would also incorporate the statutory language, new to
VAWA 2013, that provides that nothing in VAWA 2013 shall be construed
to require a covered housing provider to request that an individual
submit documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or stalking.
Certification form (Sec. 5.2007(b)(1)(i)): VAWA 2013 retains, as
acceptable documentation, a certification form, approved by HUD. The
certification form, as acceptable documentation, is addressed in HUD's
existing regulations at Sec. 5.2007(b), and, under this proposed rule
would be addressed in Sec. 5.2005(a)(1)(ii).
As a result of VAWA 2005, HUD issued two approved certification
forms. Form HUD-50066 is used for covered housing programs administered
by HUD's Office of Public and Indian Housing. Form HUD-91066 is used
for covered housing 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/.
Through the Paperwork Reduction Act process, the HUD covered
housing programs will combine these forms into one (to be used for all
programs) and modify the language to reflect updated terminology. The
proposed combined certification form is modified to abbreviate the
space given to a victim to describe the incident of domestic violence.
HUD was concerned that the length of space made available on the form
signaled that a very detailed description was required, which is not
the case. As noted earlier in this preamble, HUD's proposed
certification form is provided in Appendix C to this rule.
Specific solicitation of comment 8: HUD specifically solicits
comment on the content of the proposed certification form.
Specifically, HUD solicits comment from housing providers, as well as
victims, survivors, and their advocates, who have experience with forms
HUD-50066 and HUD-91066, about whether these forms have been useful and
whether HUD should make any changes to the new proposed certification
form provided in Appendix C.
Document signed by a professional (Sec. 5.2007(b)(1)(ii)): VAWA
2013 retains as an acceptable document, a document signed by an
employee, agent, or volunteer of a victim service provider; an
attorney; medical professional; or mental health professional
(collectively ``professionals'' and ``professional'' individually) from
whom the victim has sought assistance. In addition to the professionals
listed in VAWA 2005, VAWA 2013 provides that the document may include
the signature from a mental health professional. VAWA 2013 eliminates
the requirement that the professional attest that the incident of abuse
is ``bona fide.'' VAWA 2013 provides that the professional must attest,
under penalty of perjury, the professional's belief in the occurrence
of the incident of domestic violence, dating violence, sexual assault,
stalking, that is grounds for protection under VAWA, and that the
incident meets the definition of the applicable abusive action as
provided in Sec. 5.2003.
Official government or court records (Sec. 5.2007(b)(1)(iii)):
VAWA 2013 continues to provide, as acceptable documentation of domestic
violence, dating violence, sexual assault, and stalking, a Federal,
State, tribal, territorial, or local police or court record and adds to
this a record provided by an administrative agency, such as a state
child protective services agency. An administrative agency, under a
dictionary for legal terminology, is a governmental body with the
authority to implement and administer particular legislation. (See
Black's Law Dictionary, 8th Edition, 1999.)
Other documentation acceptable to the covered housing provider
(Sec. 5.2007(b)(1)(iv)): In addition to the documentation specified by
the statute, VAWA 2013 gives the housing provider the discretion to
accept documentation other than that prescribed by statute. This
provision is comparable to the provision in VAWA 2005 which allowed the
covered housing provider to accept an individual's verbal statements or
other corroborating evidence.
Conflicting documentation (Sec. 5.2007(b)(2)): Paragraph (b)(2)
specifies the actions that a covered housing provider may take if the
covered housing provider is confronted with conflicting documentation
about the incident of domestic violence, dating violence, sexual
assault, or stalking. This paragraph provides, as does the existing
regulation on conflicting documentation, that if the covered housing
provider receives documentation under Sec. 5.2007(b)(1) that contains
conflicting information

[[Page 17559]]

(including certification forms from two or more members of a household
each claiming to be a victim and naming one or more of the other
petitioning household members as the perpetrator), the covered housing
provider may require an applicant or tenant to submit third-party
documentation as provided in Sec. 5.2007(b)(1)(ii) or (b)(iii). The
statute specifies no time period in which the third-party documentation
is to be submitted.
Specific solicitation of comment 9: HUD specifically solicits
comment on whether the 14-business-day time period for submitting
documentation requested by the covered housing provider under Sec.
5.2007(a)(2)(ii) should also apply to a third-party document requested
under (Sec. 5.2007(b)(2). VAWA establishes the 14-business-day minimum
time period for the victim to submit the requested documentation to the
covered housing provider, and this time frame seems reasonable as a
starting base for submission of third-party documentation, but this
specific solicitation of comment recognizes that more time may be
needed by the victim to obtain third-party documentation.
Confidentiality requirements (Sec. 5.2007(c)): The confidentiality
requirements are revised primarily to reflect terminology changes in
the statute. However, with respect to entering any information
pertaining to an individual being a victim of domestic violence, dating
violence, sexual assault, or stalking (confidential information) into a
shared database, VAWA 2013 changed the ``shall not be entered'' to a
``may not be entered,'' but retains the exceptions to such prohibition.
HUD is retaining the ``shall not'' phrasing that is in HUD's existing
regulations. Given that VAWA 2013 continues to carve out exceptions to
the prohibition on disclosure, and given that VAWA 2013 retains the
``shall be maintained in confidence'' clause, it is HUD's view that the
prohibition is firm, not discretionary, unless one of the exceptions is
present.
The statute and HUD's existing regulations provide that the VAWA-
related information provided by a tenant shall be kept confidential
unless required to be disclosed, among other permissible actions, for
use in an eviction proceeding. HUD adds that disclosure is also
permissible for use in a hearing regarding termination of assistance
from the covered program. VAWA 2013 provides that the information
provided by a tenant that is a victim of domestic violence, dating
violence, sexual assault, or stalking must be kept confidential unless
requested or consented by the individual in writing, required for use
in an eviction proceeding, or otherwise required by law. A hearing to
determine termination of assistance is required in some covered housing
programs.
The remaining changes made to 24 CFR 5.2007 are those required to
extend VAWA provisions to victims of sexual assault, and to expand the
HUD programs subject to the regulations under VAWA 2013.
Remedies Available to Victims of Domestic Violence, Dating Violence,
Sexual Assault, or Stalking (Sec. 5.2009)
As with the other sections in 24 CFR part 5, subpart L, this
proposed rule would amend Sec. 5.2009, which addresses remedies
available for victims, to include victims of sexual assault and would
revise the heading of this section to include the same.
Lease bifurcation: Existing Sec. 5.2009(a) addresses the option
(not a mandate) of a covered housing provider to bifurcate a lease to
evict, remove, or terminate assistance to a perpetrator of a VAWA crime
without evicting, removing, or terminating rental assistance to the
remaining tenants. This option was provided in VAWA 2005. HUD's
existing regulations in Sec. 5.2009 provide that notwithstanding any
Federal, State, or local law to the contrary, a PHA, owner, or
management agent (the housing providers covered under VAWA 2005) may
bifurcate a lease. The existing regulations also emphasize that,
consistent with VAWA 2005, any eviction, removal, or termination of
occupancy rights or assistance must be carried out in accordance with
the procedures prescribed by Federal, State or local law for
termination of assistance.
VAWA 2013 does not reflect that bifurcation of a lease may occur
``notwithstanding any Federal, State, or local law to the contrary''
but does reiterate the language in VAWA 2005 that the option to
bifurcate a lease is subject to other Federal, State, or local law that
may address bifurcation of a lease. Accordingly, HUD would revise Sec.
5.2009(a) to remove the ``notwithstanding'' clause.
By providing that bifurcation of lease is an option, not a mandate,
VAWA 2005 and VAWA 2013 both recognize that this remedy may not be an
option in all covered housing programs, given statutory requirements of
the program.
Reasonable time to establish eligibility for assistance or find
alternative housing following bifurcation of a lease (Sec. 5.2009(b)):
VAWA 2013 adds another remedy for victims of domestic violence, dating
violence sexual assault, and stalking, which will be added at Sec.
5.2009(b)(1). The new remedy provides that if a covered housing
provider exercises the option to bifurcate a lease and evicts, removes,
or terminates assistance to the individual who was the perpetrator of
domestic violence, dating violence, sexual assault, or stalking, and
that individual was the tenant eligible for assistance under the
covered housing program, the covered housing provider shall provide any
remaining tenant the opportunity to establish eligibility for
assistance under the covered housing program. If the remaining tenant
cannot establish eligibility, the covered housing provider shall
provide the tenant with a reasonable period of time, as determined by
HUD, to find new housing or to establish eligibility for assistance
under another covered housing program.\14\ (See 42 U.S.C. 14043e-
11(b)(3)(B).) VAWA provides that the purpose of this provision is to
not penalize the tenant victim or other tenants, who are not the
perpetrators and are not eligible for assistance, by leaving them
without housing.
---------------------------------------------------------------------------

\14\ As noted later in this preamble, under some covered
programs, the covered housing provider that bifurcates the lease
(the owner of the assisted housing) may not be the covered housing
provider (for example, the PHA) that determines family eligibility
for assistance. For example, the PHA (not the owner) is the covered
housing provider responsible for providing the ``Notice of occupancy
rights under VAWA, and certification form'' described at Sec.
5.2005(a). In addition, the owner (not the PHA) is the covered
housing provider that may choose to bifurcate a lease as described
at Sec. 5.2009(a), but the PHA (not the owner) is the covered
housing provider responsible for providing the ``Reasonable time to
establish eligibility for assistance following bifurcation of a
lease'' described at Sec. 5.2009(b).'' See proposed regulations at
Sec. 982.53(e).
---------------------------------------------------------------------------

The complication that this provision presents is whether the
authorizing statutes for the covered housing programs allow continued
assistance to any individual if eligibility has not been established.
Several commenters raised this concern in response to the August 6,
2013, notice, and asked if assistance would continue once the only
eligible tenant was removed. The response varies given the statutory
framework of each program.
For example, HUD's HOPWA program already has in place in its
regulations at 24 CFR part 574, a provision that allows, in limited
instances, a surviving member or members of a household residing in a
unit receiving assistance under the HOPWA program to remain in the
unit. Section 574.310(e) of HUD's HOPWA regulations provides that with
respect to the surviving member or members of a family who were living
in a unit assisted under the HOPWA program with the person with AIDS at

[[Page 17560]]

the time of his or her death, housing assistance and supportive
services under the HOPWA program shall continue for a grace period
following the death of the person with AIDS. The grantee or project
sponsor shall establish a reasonable grace period for continued
participation by a surviving family member, but that period may not
exceed 1 year from the death of the family member with AIDS. The
grantee or project sponsor shall notify the family of the duration of
their grace period and may assist the family with information on other
available housing programs and with moving expenses. HUD proposes to
amend this section to allow for the grace period to include victims of
domestic violence, and to further establish that the minimum grace
period can be no less than 90 days (the minimum time period HUD is
proposing as discussed below) and the maximum period can be no more
than 1 year as provided in the existing regulations.
HUD's CoC program has a similar provision in its regulations at 24
CFR part 578 for permanent supportive housing projects. Section
578.75(i) of the CoC regulations provides that for permanent supportive
housing projects, surviving members of any household who were living in
a unit assisted under this part at the time of the qualifying member's
death, long-term incarceration, or long-term institutionalization, have
the right to rental assistance under this section until the expiration
of the lease in effect at the time of the qualifying member's death,
long-term incarceration, or long-term institutionalization. HUD would
propose to amend this section to allow for the CoC grace period to
extend to tenants (permanent supportive housing tenants) needing to
establish eligibility after lease bifurcation.
As noted earlier, under VAWA 2013, reasonable time to establish
eligibility for assistance is required if the covered housing provider
opts to bifurcate the lease. Therefore, covered housing providers that
exercise the bifurcation of lease option must be certain that, under
the requirements of the covered housing program, they can provide the
remaining tenant or tenants reasonable time to establish eligibility
and allow the tenants to remain in the housing unit without assistance
or to have the assistance continued for a reasonable period of time
until eligibility is established. If the tenant cannot establish
eligibility within a reasonable time, after the bifurcation of the
lease the covered housing provider shall also provide the tenant
reasonable time to find new housing or to establish eligibility for
housing under another covered housing program.
HUD recognizes that, under some covered programs, the covered
housing provider that bifurcates the lease (the owner of the assisted
housing) may not be the covered housing provider (for example, the PHA)
that determines family eligibility for assistance. This situation
emphasizes the importance of the regulations for the specific covered
housing program in determining how certain VAWA provisions are to be
implemented.
Specific solicitation of comment 10: HUD specifically solicits
comments on actions that covered housing providers may be able to take
to help remaining tenants stay in housing or to continue to receive
assistance consistent with requirements of the existing covered housing
program. HUD also solicits comment on how a covered housing provider
may establish an interim rent obligation on the remaining tenant during
the time afforded to establish eligibility. It could be the case that
HUD would not cover the assistance and an individual would have to pay
a full rental amount. In such case, how would such a rental amount be
determined and would rent be based on, for example, the subsidy HUD
provides to the PHA for the unit.
Specific solicitation of comment 11: In addition to seeking
comment, generally, on actions a covered housing provider may take to
keep tenants in housing, HUD seeks comment on its Emergency Solutions
Grants and CoC programs. HUD specifically requests comment on what
lease requirements should apply when tenant-based rental assistance is
used for homelessness prevention under the Emergency Solutions Grants
and CoC programs, and the family wishes to stay in its existing
housing.
Reasonable period of time to establish eligibility: VAWA 2013
leaves it to the applicable Federal agency, in this case HUD, to
establish a reasonable time for any remaining tenants, following
bifurcation of a lease, to establish eligibility. If the tenant cannot
establish eligibility after the bifurcation of the lease, the covered
housing provider shall provide the tenant reasonable time to find new
housing or to establish eligibility for housing under another covered
housing program. HUD would establish this reasonable period in Sec.
5.2009(b)(2).
Commenters on the August 6, 2013, notice offered several time
periods as being a reasonable time period to establish eligibility. The
majority of the commenters submitted a time period of no less than 60
days and a maximum of 90 days. A few commenters submitted that the time
period should be 120 days, and a few others suggested a 180-day period.
Some commenters suggested that HUD allow the housing provider to
determine the reasonable period of time to establish eligibility, but
the majority of commenters did not favor that approach.
HUD agrees with those commenters recommending that 90 days would be
a reasonable period for the remaining tenant or tenants to establish
eligibility. For HUD covered housing programs, such as HUD's HOPWA
program and CoC program, which already provide an ``eligibility grace
period,'' HUD does not propose to alter those periods, but rather would
amend those regulations to extend those grace periods to victims of
domestic violence. HUD proposes to establish the 90-day period for the
HUD covered housing programs that do not currently have an eligibility
grace period.
In determining what may constitute a reasonable period to establish
eligibility, HUD looked at its regulations in 24 CFR part 5, subpart B
(Disclosure and Verification of Social Security Numbers and Employer
Identification Numbers; Procedures for Obtaining Income Information) as
a possible model to determine a reasonable period to provide to a
tenant to establish eligibility under a covered housing program. A
period of 90 calendar days is used in HUD's regulation at 24 CFR 5.216
(Disclosure and verification of Social Security and Employer
Identification Numbers) to allow for a household to obtain a Social
Security number for a new household member that is under the age of
six. (See 24 CFR 5.216(e)(ii).) A period of 90 calendar days is also
used as the period to allow an applicant to produce a Social Security
number to maintain eligibility to for participation in the Section 8
Moderate Rehabilitation Single Room Occupancy (SRO) program for
Homeless Individuals under 24 CFR part 882, subpart H. (See 24 CFR
5.216(h)(2).) HUD viewed these ``disclosure'' regulations as providing
support that a minimum 90-day period presents a reasonable period to
establish eligibility under a HUD covered housing program.
HUD notes that VAWA 2013 directs that the covered housing provider
``shall provide'' the remaining tenant (or tenants) with reasonable
time to find new housing or to establish eligibility for the housing in
which the tenant currently resides. HUD therefore proposes a minimum
90-day period that would be divided into two time periods: One time
period would be to establish eligibility to remain in the unit in which

[[Page 17561]]

the tenant is now residing, and a second time period would be to allow
the tenant to locate alternative housing if the tenant is unable to
establish eligibility for the unit in which the tenant is now residing.
For the first period, the rule provides for 60 calendar days,
commencing from the date of bifurcation of the lease, for the tenant to
establish eligibility to remain in the unit in which the tenant is now
residing. For the second reasonable period, the rule provides for 30
calendar days, commencing from the 61st date from the date of
bifurcation of the lease for the tenant to find alternative housing.
Of course, during first (60 days) period and the second (30 days)
period, the tenant may undertake efforts to both establish eligibility
to remain in the unit in which the tenant is residing and to find
alternative housing. HUD is proposing division of the time period for
the tenant to obtain housing so that the tenant has sufficient
opportunity to explore both options, provided by statute, for the
tenant to obtain housing. A covered housing provider is strongly
encouraged to assist a tenant in efforts to establish eligibility for
the covered housing in which the tenant is participating, and then
assist in finding alternative housing if it no longer seems possible
that the tenant will be able to establish eligibility for the covered
housing program.
For each of these time periods, the proposed rule would allow, but
not mandate, covered providers to grant an extension for up to 30 days,
subject, however, to the program regulations under the applicable
covered housing program authorizing the covered housing provider to
grant an extension, as part of the covered housing providers standard
policies and practices or, alternatively, granting such an extension on
a case-by-case basis. For some covered housing programs--for example,
HUD's public housing and Section 8 voucher programs where demand for
available housing and assistance is high--a period of more than 90 days
may adversely affect applicants waiting for admission to public housing
or receipt of a voucher, and, therefore, for these programs, the
proposed is for a maximum period of 90 days, without an extension.
It is important to note that the reasonable time period may only be
provided to tenants by covered housing providers that remain subject to
the requirements of the other covered housing program once the eligible
tenant departs the unit. Therefore the reasonable time period does not
apply, generally, if the only assistance provided is tenant-based
rental assistance. For such assistance, the assistance is tied to the
tenant not the unit. However, where the assistance is tied to the unit,
such as project-based assistance, operating assistance, or construction
or rehabilitation assistance, the covered housing provider may provide
the reasonable period of time to establish eligibility.
In addition, it is the tenant's responsibility to establish
eligibility for assistance under the covered housing program or find
alternative housing. While the covered housing provider may assist the
tenant in the individual's efforts to establish eligibility for
assistance under a covered housing program, or find alternative
housing, and is encouraged to do so, the responsibility remains with
the tenant to establish eligibility for assistance or find alternative
housing.
Specific solicitation of comment 12: HUD specifically solicits
comment on the ``reasonable'' time periods proposed in this rule. HUD
recognizes that all of its covered rental programs have waiting lists
for individuals and families already determined to be eligible who are
waiting on an available unit to occupy. On the other hand, HUD wants to
ensure that, consistent with the statute, covered housing providers
allow sufficient time for individuals and families already occupying
the unit to remain in the unit if possible, and not further contribute
to populations lacking housing stability.
In this regard, HUD has added a new paragraph (c) to Sec. 5.2009,
which encourages covered housing providers to undertake whatever
actions permissible and feasible under their respective programs to
assist individuals residing in their units who are victims of domestic
violence, dating violence, sexual assault, or stalking to remain in
their units or other units under the covered housing program or other
covered housing providers, and for the covered housing provider to bear
the costs of any transfer, where permissible.
Court orders: Section 5.2009(b) of HUD's existing VAWA regulations,
which pertain to court orders, is proposed to be moved, as discussed
earlier in this preamble, to Sec. 5.2005(d)(1).
Effect on Other Laws (Sec. 5.2011)
With the exception of including ``sexual assault,'' this section
would remain unchanged.

B. Proposed Conforming Amendments to 24 CFR parts 92, 93, 200, 574,
576, 578, 880, 882, 883, 884, 886, 891, 960, 966, 982, and 983

For the programs already covered by VAWA, additional proposed
amendments are primarily directed to include reference to sexual
assault, which was added by VAWA 2013.
For the new HUD programs covered by VAWA 2013, the proposed rule
would amend the regulations of the HUD-covered housing programs to
cross-reference the applicability of the VAWA regulations in 24 CFR
part 5, subpart L. However for certain of the newly covered programs,
such as the HOME program, the HOPWA program, the Emergency Solutions
Grants program, and the CoC program, regulations beyond reference to
the core VAWA requirements provided in part 5, subpart L, are necessary
to guide how the VAWA requirements are to be implemented in accordance
with the unique program requirements of these four programs, the first
three of which are formula funded programs.\15\
---------------------------------------------------------------------------

\15\ Although HOPWA is primarily a formula program, it does have
a competitive grant component that is funded annually.
---------------------------------------------------------------------------

As noted earlier in this preamble, HUD also proposes to amend the
HOPWA regulations at 24 CFR 578.75(i) to include a reasonable time for
the remaining members of the household to continue occupancy in the
housing after the qualifying member was evicted for having engaged in
domestic violence, dating violence, sexual assault, or stalking.
For the multifamily housing programs administered by HUD's Office
of Housing, the proposed conforming amendment is made to 24 CFR part
200, subpart A, under the undesignated heading of Miscellaneous Cross-
Cutting Regulations. To this group of important cross-cutting
regulations, HUD would add the requirement to comply with the VAWA
protections.
While this rule proposes to make the necessary regulatory
amendments to fully implement VAWA 2013 in all HUD-covered housing
programs, the HUD offices administering assistance under the covered
programs will develop guidance for their covered housing providers to
further assist covered housing providers in their implementation of
VAWA and elaborate on such nonregulatory requirements, such as
encouraging the providers to aid remaining tenants in their efforts to
establish eligibility for assistance and how such aid may be provided.
The guidance will be in such forms that HUD program offices generally
issue

[[Page 17562]]

guidance to supplement and support statutory or regulatory program
requirements, such as Office of Housing or PIH notices, Federal Housing
Administration (FHA) mortgagee letters, etc. HUD recognizes that for
HUD and the covered housing providers to more effectively assist
victims of domestic violence, dating violence, sexual assault, or
stalking, assistance may be needed from service providers, charitable
organizations, and others in the community in which the housing is
located, and HUD and covered housing providers will reach out to such
organizations.

III. Paperwork Reduction Act

Paperwork Reduction Act

The information collection requirements contained in this proposed
rule have been submitted to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In
accordance with the Paperwork Reduction Act, 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 OMB
control number.
The burden of the information collections in this proposed rule is
estimated as follows:

Reporting and Recordkeeping Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of respondents in covered programs Number of Estimated
------------------------------------------------------------------ responses per average Estimated annual
24 CFR section PH & * respondent response time burden (in hours)
Sec. 8 MF * HSG HOME HOPWA Homeless (annually) ** (in hours) ** **
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.2005(a) (Notice of Occupancy 3,400 23,000 180,487 255 450-CoC............. 1 0.30 545,346.
Rights. 360-ESG.............
230-RHS.............
1,040...............
5.2005(a) Certification.......... 3,400 23,000 180,487 255 450-CoC............. 1 0.30 545,346.
360-ESG.............
230-RHS.............
1,040...............
5.2005(e) Emergency Transfer Plan 3,400 23,000 180,487 255 450-CoC............. 1 8.00 1,665,456.
360-ESG.............
230-RHS.............
1,040...............
5.2005(a) (Notice of Occupancy ......... ......... ......... ......... .................... .............. .............. 0.5. First year
Rights ***. only--modification
s to form to
reflect housing
provider
5.2005(a) Certification ***...... ......... ......... ......... ......... .................... .............. .............. 0.5. First year
only--modification
s to form to
reflect housing
provider
5.2005(e) Emergency Transfer Plan ......... ......... ......... ......... .................... .............. .............. 2 hrs. First year
****. only--preparing
emergency plan
based on HUD's
model.
5.2007(b)(1)..................... 3,400 23,000 180,487 255 450-CoC............. 1 1 00 181,782.
Documenting incident of DV....... ......... ......... ......... ......... 360-ESG230-RHS 1,040 .............. ..............
5.2009 Bifurcation of lease...... 3,400 23,000 180,487 255 450-CoC............. 1 8.00 1,454,256
360-ESG 230-RHS.....
1,040...............
----------------------------------------------------
Total Burden (for all HUD ......... ......... ......... ......... .................... .............. .............. 4,392,189.
programs covered by VAWA).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* With the exception of the emergency transfer plan, the information collection items listed in this table already apply to public housing, Section 8,
and multifamily housing programs. Accordingly, no new burden is established for these programs, except for the requirement to establish an emergency
transfer plan, and, as such, they are not counted in the reporting and recordkeeping burden established by VAWA 2013.
** These hours pertain to distribution by the housing provider and review by the tenants in these programs.
*** These are the forms required to be developed by HUD. For the Notice of Occupancy Rights and Certification, the housing provider need only customize
to reflect the covered program and identify the housing provider. The Emergency Transfer Plan is a model plan and therefore the housing provider may
seek to make more substantive changes.

In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting from
members of the public and affected agencies comments on the following
concerning this collection of information:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;

[[Page 17563]]

(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology; e.g., permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Under the provisions
of 5 CFR part 1320, OMB is required to make a decision concerning this
collection of information between 30 and 60 days after the publication
date. Therefore, a comment on the information collection requirements
is best assured of having its full effect if OMB receives the comment
within 30 days of the publication. This time frame does not affect the
deadline for comments to the agency on the proposed rule, however.
Comments must refer to the proposal by name and docket number (5720-P-
02) and must be sent to: HUD Desk Officer, Office of Management and
Budget, New Executive Office Building, Washington, DC 20503, Fax
number: 202-395-6947 and Ms. Colette Pollard, Reports Liaison Officer,
Department of Housing and Urban Development, 451 7th Street SW., Room
2204, Washington, DC 20410.
Interested persons may submit comments regarding the information
collection requirements electronically through the Federal eRulemaking
Portal at http://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 http://www.regulations.gov Web site can be viewed by other
commenters and interested members of the public. Commenters should
follow the instructions provided on that site to submit comments
electronically.

IV. Findings and Certifications

Executive Order 12866, Regulatory Planning and Review

OMB reviewed this rule under Executive Order 12866 (entitled,
``Regulatory Planning and Review''). This rule was determined to be a
``significant regulatory action,'' as defined in section 3(f) of the
order but not economically significant, as provided in section 3(f)(1)
of the order. In accordance with the Executive order, HUD has assessed
the potential costs and benefits, both quantitative and qualitative, of
this regulatory action. The potential costs associated with this
regulatory action are those resulting primarily from the statute's
documentation requirements.

Need for Regulatory Action

This regulatory action is required to conform the provisions of
HUD's VAWA regulations to those of title VI of VAWA 2013, codified at
42 U.S.C. 14043e et seq. The 2013 statutory changes both expand the HUD
programs to which VAWA applies and expand the scope of the VAWA
protections, so that HUD's existing regulations reflect and implement
the full protection and coverage of VAWA.
As stated at the outset of this preamble to this proposed rule, the
importance of having HUD's VAWA regulations updated cannot be
overstated. The expansion of VAWA 2013 to other HUD rental assistance
programs emphasizes the importance of protecting victims of domestic
violence, dating violence, sexual assault, and stalking, in all HUD
housing offering rental assistance. By having all covered housing
providers be aware of the protections of VAWA and the actions that they
must take to provide such protections if needed, HUD signals to all
tenants in the covered housing programs that HUD is an active part of
the national response to prevent domestic violence, dating violence,
sexual assault, and stalking.
In addition to expanding the applicability of VAWA to HUD programs
beyond HUD's Section 8 and public housing programs, VAWA 2013 expands
the protections provided to victims of domestic violence, dating
violence, sexual assault, and stalking, which must be incorporated in
HUD's codified regulations. For example, under VAWA 2013, victims of
sexual assault are specifically protected under VAWA for the first time
in HUD-covered programs (compare, e.g., current 24 CFR 5.2005(b) and
(c)(1) with Sec. 5.2005(b)(1) and (c) of this proposed rule). Another
example is the statutory replacement of the term ``immediate family
member'' with the term ``affiliated individual.'' Where HUD's current
VAWA regulations provided that a nonperpetrator tenant would be
protected from being evicted or denied housing because of acts of
domestic violence, dating violence, or stalking committed against a
family member (see current 24 CFR 5.2005(c)(2)), under VAWA 2013, the
same protections apply to a non-perpetrator tenant because of acts of
domestic violence, dating violence, or stalking committed against an
``affiliated individual.'' The replacement of ``immediate family
member'' with ``affiliated individual'' reflects differing domestic
arrangements and must be incorporated in HUD's regulations.
VAWA 2013 also increases protection for victims of domestic
violence, dating violence, sexual assault, and stalking by requiring
HUD to develop a model emergency transfer plan to guide covered housing
providers in the development and adoption of their own emergency
transfer plans. VAWA also changes the procedures for the notification
to tenants and applicants of their occupancy rights under VAWA. Prior
to VAWA 2013, public housing agencies administering HUD's public
housing and Section 8 assistance were responsible for the development
and issuance such notification to tenants. Under VAWA 2013, HUD must
develop the notice. Thus, HUD's VAWA regulations must reflect that HUD
will prescribe the notice of occupancy rights to be distributed by
covered housing providers.

Range of Regulatory Approaches Considered

Regarding conformance to, and implementation of, the changes made
by VAWA 2013, which is the primary purpose of this rulemaking, HUD has
very little discretion to consider actions different from the actions
and documents required by the statute. The core protections and the
documentation required by VAWA are vital to providing the necessary
protections for the victims of domestic violence, dating violence,
sexual assault, and stalking.
VAWA 2013 does present some implementation challenges for the newly
covered HUD programs. The VAWA 2013 provisions did not alter the VAWA
2005 to more suitably address the ``administration'' structure of the
newly covered HUD programs. As noted earlier in this preamble, the VAWA
2013 language continues to match more effectively the type housing that
is administered by a PHA; that is, the public housing and Section 8
programs covered by VAWA 2005. As further noted earlier in this
preamble, in proposing how the VAWA protections are to be implemented
in the newly covered programs, HUD took into account both the statutory
and regulatory framework of each program, and HUD's experiences in both
administering such program and in working with the different entities
administering such programs. In each case, HUD strived to ensure that
the proposed regulations for the newly

[[Page 17564]]

covered programs protect victims of domestic violence, dating violence,
sexual assault, or stalking, as contemplated by VAWA. The proposed
regulations for the newly covered programs do not offer alternative
approaches for implementation of VAWA in these programs, but rather how
HUD believes the protections of VAWA are to be implemented given the
structure of these programs. However, the specific questions posed by
HUD for comment in this preamble reflect alternative approaches that
HUD is considering but HUD values input from the public on these
approaches, including listing the Housing Trust Fund as a covered HUD
program. HUD submits that, with this program's significant similarity
to the HOME program, the Housing Trust Fund program should also offer
the VAWA protections to tenants receiving rental assistance under the
Housing Trust Fund.
As HUD also noted in the preamble, VAWA 2013 does not impose
documentation requirements on a tenant who is a victim of domestic
violence, dating violence, sexual assault, or stalking, and seeks an
emergency transfer from the tenant's current unit. As provided under
specific solicitation of comment 4 in this preamble, HUD seeks comment
on whether documentation requirement should be imposed on those seeking
emergency transfers and, if they are imposed, whether they should be
the same as those required of tenants seeking other protections of VAWA
2013.
With respect to emergency transfers, VAWA does not define what
constitutes a safe and available dwelling unit, and HUD does not
provide a definition for such unit in this rule but seeks comment on
how such unit should be defined. Under specific solicitations of
comment 5 and 9 in the preamble to this proposed rule, HUD specifically
solicits comment on actions that covered housing providers may be able
to undertake to assist tenants who are not perpetrators of domestic
violence, dating violence, sexual assault, or stalking to remain in
covered housing programs, consistent with existing program
requirements, when a tenant household is divided as a result of lease
bifurcation.
As the preamble reflects, HUD's proposed regulations adhere closely
to the statutory requirements, and the alternative approaches HUD will
consider in the context of information, feedback, and recommendations
offered by advocates for protection of victims of domestic violence,
participants in and administrators of HUD-covered programs, and the
public generally.

Costs and Benefits

As noted in the Executive Summary of this preamble, there are
several benefits, including expanding the protections of VAWA to
applicants and tenants beyond those in HUD's public housing and Section
8 programs; strengthening the rights, including confidentiality rights,
of victims of domestic violence, dating violence, sexual assault, and
stalking in HUD-covered programs; and possibly minimizing the loss of
housing by such victims through the bifurcation of lease provision,
where such action may be a feasible option. The notice of occupancy
rights to be distributed to all applicants and tenants signals the
concern of HUD and the covered housing provider about the serious
consequences of domestic violence, dating violence, sexual assault, and
stalking on the individual tenant victim and, at times, the victim's
family or individuals affiliated to the victim, and confirms the
protections to be afforded to the tenant victim if such violence
occurs. The notice of occupancy rights is presented with the goal of
helping applicants and tenants understand their occupancy rights under
VAWA. Awareness of such rights is an important benefit.
The costs of the regulations, as also noted earlier in this
preamble, are primarily paperwork costs. These are the costs of
providing notice to applicants and tenants of their occupancy rights
under VAWA, the preparation of an emergency transfer plan, and
documenting the incident or incidents of domestic violence, dating
violence, sexual assault, and stalking. The costs, however, are
minimized to some extent by the fact that VAWA 2013 requires HUD to
prepare the notice of occupancy rights, the certification form, and the
model emergency transfer plan.
In addition to the costs related to these documents, which HUD
submits is not significant given HUD's role in creating the documents,
there will be a cost with respect to a tenant claiming the protections
of VAWA and a covered housing provider responding to such incident.
This cost will vary, however, depending on the incidence of claims in a
given year and the nature and complexity of the situation. The costs
will also depend on the supply and demand for the available and safe
units in the situation of an emergency transfer request. HUD's covered
housing providers did not confront such ``movement'' costs under VAWA
2005, so it remains to be seen, through implementation of VAWA 2013, if
the transfer to a safe unit, as VAWA 2013 allows, is feasible in most
situations in which such a request is made and becomes a substantial
cost to the covered housing provider. As provided under specific
solicitation of comment 7, HUD is soliciting comment on the costs of
such transfer, and the extent of paperwork that is necessary to provide
the transfer.
The reporting and recordkeeping matrix that accompanies HUD's
Paperwork Reduction Act statement, provided above, provides HUD's
estimate of the workload associated with the reporting and
recordkeeping requirements.
The docket file is available for public inspection between the
hours of 8 a.m. and 5 p.m., weekdays, in the Regulations Division,
Office of General Counsel, Department of Housing and Urban Development,
451 7th Street SW., Room 10276, Washington, DC 20410-0500. Due to
security measures at the HUD Headquarters building, please schedule an
appointment to review the docket file by calling the Regulations
Division at 202-708-3055 (this is not a toll-free number). Persons with
hearing or speech impairments may access the telephone number above via
TTY by calling the Federal Relay Service, toll-free, at 800-877-8339.

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 proposes to fully implement the protections of VAWA 2013
in all HUD covered housing programs. These protections are statutory
and statutorily directed to be implemented. The statute does not allow
for covered housing providers who are, or may qualify as small entities
to not provide such protections to its applicants or tenants or provide
fewer protections than covered entities that are larger entities.
However, with respect to processes that may be found to be burdensome
to small covered housing providers--such as bifurcation of the lease
and the emergency transfer plan--bifurcation of the lease is a
statutory option not a mandate, and the emergency transfer plan is
contingent upon units to which victims of domestic violence, dating
violence, sexual assault, or stalking may seek transfer on an emergency
basis being available and safe. Therefore, small entities are not
required to carry

[[Page 17565]]

out these latter processes that may be more burdensome, and, indeed may
not be feasible given the fewer number of units generally managed by
smaller entities.
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 proposed rule involves a policy document that sets out
nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3) 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

Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either (i) imposes substantial direct compliance costs on State and
local governments and is not required by statute, or (ii) preempts
State law, unless the agency meets the consultation and funding
requirements of section 6 of the Executive order. This rule would not
have federalism implications and would not impose substantial direct
compliance costs on State and local governments or preempt State law
within the meaning of the Executive order. The scope of this rule is
limited to HUD covered housing programs, as such term is defined in the
rule.

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 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: 14.103, 14.135,
14.157, 14.181, 14.195, 14.231, 14.267, 14.268, 14.239, 14.241, 14.850,
14.856, and 14.871.

List of Subjects

24 CFR Part 5

Administrative practice and procedure, Aged, Claims, Crime,
Government contracts, Grant programs--housing and community
development, Individuals with disabilities, Intergovernmental
relations, Loan programs--housing and community development, Low and
moderate income housing, Mortgage insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and recordkeeping requirements,
Social security, Unemployment compensation, Wages.

24 CFR Part 92

Administrative practice and procedure, Grant programs--housing and
community development, Low and moderate income housing, Manufactured
homes, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 200

Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Home improvement, Housing standards, Lead
poisoning, Loan programs--housing and community development, Mortgage
insurance, Organization and functions (Government agencies), Penalties,
Reporting and recordkeeping.

24 CFR Part 574

Community facilities, Grant programs--housing and community
development, Grant programs--social programs, HIV/AIDS, Low and
moderate income housing, Reporting and recordkeeping requirements.

24 CFR Part 576

Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Homeless, Reporting and
recordkeeping requirements.

24 CFR Part 578

Community facilities, Continuum of Care, Emergency solutions
grants, Grant programs--housing and community development, Grant
program--social programs, Homeless, Rural housing, Reporting and
recordkeeping requirements, Supportive housing programs-- housing and
community development, Supportive services.

24 CFR Part 880

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

24 CFR Part 882

Grant programs--housing and community development, 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, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 960

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

24 CFR Part 966

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

24 CFR Part 982

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

24 CFR Part 983

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

Accordingly, for the reasons stated in the preamble, and in
accordance with HUD's authority in 42 U.S.C. 3535(d), HUD proposes to
amend 24 CFR parts 5, 92, 200, 574, 576, 578, 880, 882, 883, 884, 886,
891, 960, 966, 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:

[[Page 17566]]

Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n,
3535(d), Sec. 327, Pub. L. 109-115, 119 Stat. 2936, and 42 U.S.C.
14043e et seq., Sec. 601, Pub. L. 113-4, 127 Stat. 101.

0
2. Revise Subpart L to read as follows:

Subpart L--Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking

Sec.
5.2001 Applicability.
5.2003 Definitions.
5.2005 VAWA Protections.
5.2007 Documenting the occurrence of domestic violence, dating
violence, sexual assault, or stalking.
5.2009 Remedies available to victims of domestic violence, dating
violence, sexual assault, or stalking.
5.2001 Effect on other laws.

Sec. 5.2001 Applicability.

(a) This subpart addresses the protections for victims of domestic
violence, dating violence, sexual assault, or stalking who are applying
for, or the beneficiary of, assistance under a HUD program covered by
the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and
42 U.S.C. 14043e et seq.) (``covered housing program,'' as defined in
Sec. 5.2003). Notwithstanding the title of the statute, victims are
not limited to women but cover all victims of domestic violence, dating
violence, sexual assault, and stalking, regardless of sex, gender
identity, sexual orientation, disability, or age.
(b)(1) The applicable assistance provided under a covered housing
program generally consists of two types of assistance (one or both may
be provided): Tenant-based rental assistance, which is rental
assistance that is provided to the tenant; and project-based
assistance, which is assistance that attaches to the unit in which the
tenant resides. For project-based assistance, the assistance may
consist of such assistance as operating assistance, development
assistance, and mortgage interest rate subsidy.
(2) The regulations in this subpart are supplemented by the
specific regulations for the HUD-covered housing programs listed in
Sec. 5.2003. The program-specific regulations address how certain VAWA
requirements are to be implemented and whether they can be implemented
(for example, reasonable time to establish eligibility for assistance
as provided in Sec. 5.2009(b)) for the applicable covered housing
program, given the statutory and regulatory framework for the program.
When there is conflict between the regulations of this subpart and the
program-specific regulations, the program-specific regulations govern.
Where assistance is provided under more than one covered housing
program, the covered housing program that provides the greatest
protection to victims of domestic violence, dating violence, sexual
assault, or stalking governs.

Sec. 5.2003 Definitions.

The definitions of PHA, HUD, household, and other person under the
tenant's control are defined in subpart A of this part. As used in this
subpart L:
Actual and imminent threat refers to a physical danger that is
real, would occur within an immediate time frame, and could result in
death or serious bodily harm. In determining whether an individual
would pose an actual and imminent threat, the factors to be considered
include: The duration of the risk, the nature and severity of the
potential harm, the likelihood that the potential harm will occur, and
the length of time before the potential harm would occur.
Affiliated individual, with respect to an individual, means:
(1) A spouse, parent, brother, sister, or child of that individual,
or a person to whom that individual stands in the place of a parent to
a child (for example, the affiliated individual is a child in the care,
custody, or control of that individual); or
(2) Any individual, tenant, or lawful occupant living in the
household of that individual.
Bifurcate means to divide a lease as a matter of law, subject to
the permissibility of such process under the requirements of the
applicable HUD covered program and State or local law, such that
certain tenants or lawful occupants can be evicted or removed and the
remaining tenants or lawful occupants can continue to reside in the
unit under the same lease requirements or as may be revised depending
upon the eligibility for continued occupancy of the remaining tenants
and lawful occupants.
Covered housing program consists of the following HUD programs:
(1) Section 202 Supportive Housing for the Elderly (12 U.S.C.
1701q), with implementing regulations at 24 CFR part 891.
(2) Section 811 Supportive Housing for Persons with Disabilities
(42 U.S.C. 8013), with implementing regulations at 24 CFR part 891.
(3) Housing Opportunities for Persons With AIDS (HOPWA) program (42
U.S.C. 12901 et seq.), with implementing regulations at 24 CFR part
574.
(4) HOME Investment Partnerships (HOME) program (42 U.S.C. 12741 et
seq.), with implementing regulations at 24 CFR part 92.
(5) Homeless programs under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), including the Emergency
Solutions Grants program (with implementing regulations at 24 CFR part
576), the Continuum of Care program (with implementing regulations at
24 CFR part 578), and the Rural Housing Stability Assistance program
(with regulations forthcoming).
(6) 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 (BMIR) pursuant to section 221(d)(5), with implementing
regulations at 24 CFR part 221.
(7) Multifamily rental housing under section 236 of the National
Housing Act (12 U.S.C. 1715z-1), with implementing regulations at 24
CFR part 236.
(8) 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) (with regulations at 24 CFR
Chapter IX), tenant-based and project-based rental assistance under
section 8 of the 1937 Act (42 U.S.C. 1437f) (with regulations at 24 CFR
chapters VIII and IX), and the Section 8 Moderate Rehabilitation Single
Room Occupancy (with implementing regulations at 24 CFR part 882,
subpart H).
(9) The Housing Trust Fund (12 U.S.C. 4568) (with regulations
forthcoming).
Covered housing provider refers to the individual or entity under a
covered housing program that has responsibility for the administration
and/or oversight of VAWA protections and includes PHAs, sponsors,
owners, mortgagors, managers, State and local governments or agencies
thereof, nonprofit or for-profit organizations or entities. The
program-specific regulations for the covered housing programs identify
the individual or entity that carries out the duties and
responsibilities of the covered housing provider as set forth in part
5, subpart L. For any of the covered housing programs, it is possible
that there may be more than one covered housing provider; that is,
depending upon the VAWA duty or responsibility to be performed by a
covered housing provider, the covered housing provider may not always
be the same individual or entity.
Dating violence means violence committed by a person:

[[Page 17567]]

(1) Who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
(2) Where the existence of such a relationship shall be determined
based on a consideration of the following factors:
(i) The length of the relationship;
(ii) The type of relationship; and
(iii) 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 or intimate partner 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 or intimate partner, 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. The term
``intimate partner'' is defined in 18 U.S.C. 2266 and the term ``crime
of violence'' is defined in 18 U.S.C. 16.
Sexual assault means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the victim lacks capacity
to consent.
Stalking means engaging in a course of conduct directed at a
specific person that would cause a reasonable person to:
(1) Fear for his or her safety or the safety of others; or
(2) Suffer substantial emotional distress.
VAWA means the Violence Against Women Act of 1994, as amended (42
U.S.C. 13925 and 42 U.S.C. 14043e et seq.).

Sec. 5.2005 VAWA protections.

(a) Notice of occupancy rights under VAWA, and certification form.
(1) The following notice and certification form must be provided by a
covered housing provider to each of its applicants and to each of its
tenants:
(i) A ``Notice of Occupancy Rights under VAWA,'' as prescribed and
in accordance with directions provided by HUD, that explains the VAWA
protections under this subpart, including the right to confidentiality,
and any limitations on those protections; and
(ii) A certification form, in a form approved by HUD, to be
completed by the victim to document an incident of domestic violence,
dating violence, sexual assault or stalking, and that:
(A) States that the applicant or tenant is a victim of domestic
violence, dating violence, sexual assault, or stalking;
(B) States that the incident of domestic violence, dating violence,
sexual assault, or stalking that is the ground for protection under
this subpart meets the applicable definition for such incident under
Sec. 5.2003; and
(C) Includes the name of the individual who committed the domestic
violence, dating violence, sexual assault, or stalking, if the name is
known and safe to provide.
(2) The notice required by paragraph (a)(1)(i) of this section and
certification form required by paragraph (a)(1)(ii) of this section
must be provided to an applicant or tenant no later than at each of the
following times:
(i) At the time the applicant is denied assistance or admission
under a covered housing program;
(ii) At the time the individual is provided assistance or admission
under the covered housing program; and
(iii) With any notification of eviction or notification of
termination of assistance.
(3) The notice required by paragraph (a)(1)(i) of this section and
the certification form required by paragraph (a)(1)(ii) of this section
must be made available in multiple languages, consistent with guidance
issued by HUD in accordance with Executive Order 13166 (Improving
Access to Services for Persons with Limited English Proficiency, signed
August 11, 2000, and published in the Federal Register on August 16,
2000 (at 65 FR 50121).
(b) Prohibited basis for denial or termination of assistance or
eviction--(1) General. An applicant for assistance or tenant assisted
under a covered housing program may not be denied admission to, denied
assistance under, terminated from participation in, or evicted from the
housing on the basis that the applicant or tenant is or has been a
victim of domestic violence, dating violence, sexual assault, or
stalking, if the applicant or tenant otherwise qualifies for admission,
assistance, participation, or occupancy.
(2) Termination on the basis of criminal activity. A tenant in a
covered housing program may not be denied tenancy or occupancy rights
solely on the basis of criminal activity directly relating to domestic
violence, dating violence, sexual assault, or stalking if:
(i) The criminal activity is engaged in by a member of the
household of a tenant or any guest or other person under the control of
the tenant, and
(ii) The tenant or an affiliated individual of the tenant is the
victim or threatened victim of such domestic violence, dating violence,
sexual assault or stalking.
(c) Construction of lease terms and terms of assistance. An
incident of actual or threatened domestic violence, dating violence,
sexual assault, or stalking shall not be construed as:
(1) A serious or repeated violation of a lease executed under a
covered housing program by the victim or threatened victim of such
incident; or
(2) Good cause for terminating the assistance, tenancy, or
occupancy rights under a covered housing program of the victim or
threatened victim of such incident.
(d) Limitations of VAWA protections. (1) Nothing in this section
limits the authority of a covered housing provider, when notified of a
court order, to comply with a court order with respect to:
(i) The rights of access or control of property, including civil
protection orders issued to protect a victim of domestic violence,
dating violence, sexual assault, or stalking; or
(ii) The distribution or possession of property among members of a
household in a case.
(2) Nothing in this section limits any available authority of a
covered housing provider to evict or terminate assistance to a tenant
for any violation not premised on an act of domestic violence, dating
violence, sexual assault, or stalking that is in question against the
tenant or an affiliated individual of the tenant. However, the covered
housing provider must not subject the tenant, who is or has been a
victim of domestic violence, dating violence, sexual assault, or
stalking, or is affiliated with an individual who is or has been a
victim of domestic violence, dating violence, sexual assault or
stalking, to a more demanding standard than other tenants in
determining whether to evict or terminate assistance.
(3) Nothing in this section limits the authority of a covered
housing provider to terminate assistance to or evict a tenant under a
covered housing program if the covered housing provider can demonstrate
an actual and imminent threat to other tenants or those employed at or
providing service to property of the covered housing provider would be
present if that tenant or lawful occupant is not evicted or terminated
from assistance. In this context, words, gestures, actions, or other
indicators will be considered an ``actual and imminent threat'' if they
meet the standards provided in the definition of ``actual and imminent
threat'' in Sec. 5.2003.

[[Page 17568]]

(4) Any eviction or termination of assistance, as provided in
paragraph (d)(3) of this section should be utilized by a covered
housing provider only when there are no other actions that could be
taken to reduce or eliminate the threat, including, but not limited to,
transferring the victim to a different unit, barring the perpetrator
from the property, contacting law enforcement to increase police
presence or develop other plans to keep the property safe, or seeking
other legal remedies to prevent the perpetrator from acting on a
threat. Restrictions predicated on public safety cannot be based on
stereotypes, but must be tailored to particularized concerns about
individual residents.
(e) Emergency transfer plan. Each covered housing provider, as
identified in the program specific regulations for the covered housing
program, shall adopt an emergency transfer plan, based on HUD's model
emergency transfer plan, and that incorporates the following
components:
(1) The emergency transfer plan must allow tenants who are victims
of domestic violence, dating violence, sexual assault, or stalking to
transfer to another unit under the covered housing program in which the
tenant has been residing or to a unit in another covered housing
program if such transfer is permissible under applicable program
regulations, provided that a unit is available and safe, and provided,
further, that:
(A) The tenant expressly requests the transfer; and
(B)(i) The tenant reasonably believes there is a threat of imminent
harm from further violence if the tenant remains within the same
dwelling unit that the tenant is currently occupying; or
(ii) In the case of a tenant who is a victim of sexual assault, the
sexual assault occurred on the premises during the 90-day period
preceding the date of the request for transfer; and
(2) The emergency transfer plan must incorporate strict
confidentiality measures to ensure that the covered housing provider
does not disclose the location of the dwelling unit of the tenant to a
person who committed or threatened to commit an act of domestic
violence, dating violence, sexual assault, or stalking against the
tenant.
(3) Nothing in this subsection (e) may be construed to supersede
any eligibility or other occupancy requirements that may apply under a
covered housing program.

Sec. 5.2007 Documenting the occurrence of domestic violence, dating
violence, sexual assault, or stalking.

(a) Request for documentation. (1) Under a covered housing program,
if an applicant or tenant represents to the covered housing provider
that the individual is a victim of domestic violence, dating violence,
sexual assault, or stalking entitled to the protections under Sec.
5.2005, or remedies under Sec. 5.2009, the covered housing provider
may request, in writing, that the applicant or tenant submit to the
covered housing provider the documentation specified in paragraph
(b)(1) of this section. The documentation requirements in this
paragraph (a) are not applicable to a request made by the tenant for a
request for an emergency transfer under Sec. 5.2005(e), unless
otherwise specified by HUD by notice.
(2)(i) If an applicant or tenant does not provide the documentation
requested under paragraph (a)(1) of this section within 14 business
days after the date that the tenant receives a request in writing for
such documentation from the covered housing provider, nothing in Sec.
5.2005 or Sec. 5.2009, which addresses the protections of VAWA, may be
construed to limit the authority of the covered housing provider to:
(A) Deny admission by the applicant or tenant to the covered
housing program;
(B) Deny assistance under the covered housing program to the
applicant or tenant;
(C) Terminate the participation of the tenant in the covered
housing program; or
(D) Evict the tenant, or a lawful occupant that commits a violation
of a lease.
(ii) A covered housing provider may, at its discretion, extend the
14-business-day deadline under paragraph (a)(2)(i) of this section.
(b) Permissible documentation and submission requirements. (1) In
response to a written request to the applicant or tenant from the
covered housing provider, as provided in paragraph (a) of this section,
the applicant or tenant may submit, as documentation of the occurrence
of domestic violence, dating violence, sexual assault, or stalking:
(i) The certification form described in Sec. 5.2005(a)(1)(ii); or
(ii) A document:
(A) Signed by an employee, agent, or volunteer of a victim service
provider, an attorney, or medical professional, or a mental health
professional (collectively, ``professional'') from whom the victim has
sought assistance relating to domestic violence, dating violence,
sexual assault, or stalking, or the effects of abuse;
(B) Signed by the applicant or tenant; and
(C) Specifies that, under penalty of perjury, the professional
believes in the occurrence of the incident of domestic violence, dating
violence, sexual assault, or stalking that is the ground for protection
and remedies under this subpart meets the applicable definition under
Sec. 5.2003; or
(iii) A record of a Federal, State, tribal, territorial or local
law enforcement agency, court, or administrative agency; or
(iv) At the discretion of a covered housing provider, a statement
or other evidence provided by the applicant or tenant.
(2) If a covered housing provider receives documentation under
paragraph (b)(1) of this section that contains conflicting information
(including certification forms from two or more members of a household
each claiming to be a victim and naming one or more of the other
petitioning household members as the perpetrator), the covered housing
provider may require an applicant or tenant to submit third-party
documentation, as described in paragraphs (b)(1)(ii), (b)(1)(iii), or
(b)(1)(iv) of this section.
(3) Nothing in this paragraph (b) shall be construed to require a
covered housing provider to request that an individual submit
documentation of the status of the individual as a victim of domestic
violence, dating violence, sexual assault, or stalking.
(c) Confidentiality. Any information submitted to a covered housing
provider under this section, including the fact that an individual is a
victim of domestic violence, dating violence, sexual assault, or
stalking (confidential information), shall be maintained in confidence
by the covered housing provider.
(1) The covered housing provider shall not allow any individual
administering assistance on behalf of the covered housing provider or
any persons within their employ (e.g., contractors) or in the employ of
the covered housing provider to have access to confidential information
unless explicitly authorized by the covered housing provider for
reasons that specifically call for these individuals to have access to
this information under applicable Federal, State, or local law.
(2) The covered housing provider shall not enter confidential
information described in paragraph (c) of this section into any shared
database or disclose such information to any other

[[Page 17569]]

entity or individual, except to the extent that the disclosure is:
(i) Requested or consented to in writing by the individual;
(ii) Required for use in an eviction proceeding or hearing
regarding termination of assistance from the covered program; or
(iii) Otherwise required by applicable law.
(d) A covered housing provider's compliance with the protections of
Sec. Sec. 5.2005 and 5.2009, based on documentation received under
this section shall not be sufficient to constitute evidence of an
unreasonable act or omission by the covered housing provider. However,
nothing in this paragraph (d) of this section shall be construed to
limit the liability of a covered housing provider for failure to comply
with Sec. Sec. 5.2005 and 5.2009.

Sec. 5.2009 Remedies available to victims of domestic violence,
dating violence, sexual assault, or stalking.

(a) Lease bifurcation. (1) A covered housing provider may in
accordance with paragraph (a)(2) of this section, bifurcate a lease, or
remove a household member from a lease in order to evict, remove,
terminate occupancy rights, or terminate assistance to such member who
engages in criminal activity directly relating to domestic violence,
dating violence, sexual assault, or stalking against an affiliated
individual or other individual:
(i) Without regard to whether the household member is a signatory
to the lease; and
(ii) Without evicting, removing, terminating assistance to, or
otherwise penalizing a victim of such criminal activity who is also a
tenant or lawful occupant.
(2) A lease bifurcation, as provided in paragraph (a)(1) of this
section, shall be carried out in accordance with any requirements or
procedures as may be prescribed by Federal, State, or local law for
termination of assistance or leases and in accordance with any
requirements under the relevant covered housing program.
(b) Reasonable time to establish eligibility for assistance or find
alternative housing following bifurcation of a lease. The reasonable
time to establish eligibility under a covered housing program or find
alternative housing is specified in paragraph (b) of this section, or
alternatively in the program-specific regulations governing the
applicable covered housing program. Some covered housing programs may
provide different time frames than are specified in this paragraph (b),
and in such cases, the program-specific regulations govern.
(1) Reasonable time to establish eligibility assistance. (i) If a
covered housing provider exercises the option to bifurcate a lease as
provided in paragraph (a) of this section, and the individual who was
evicted or for whom assistance was terminated was the eligible tenant
under the covered housing program, the covered housing provider shall
provide to any remaining tenant or tenants a period of 60 calendar days
from the date of bifurcation of the lease to:
(A) Establish eligibility for the same covered housing program
under which the evicted or terminated tenant was the recipient of
assistance at the time of bifurcation of the lease; or
(B) Establish eligibility under another covered housing program.
(ii) The 60-calendar-day period provided by paragraph (b)(1) of
this section can only be provided to a remaining tenant if the
governing statute of the covered program authorizes an ineligible
tenant to remain in the unit without assistance. The 60-calendar-day
period does not supersede any period to establish eligibility for the
covered housing program that may already be provided by the covered
housing program. The 60-calendar-day period is the total period
provided to a remaining tenant to establish eligibility under the two
options provided in paragraphs (b)(1)(i)(A) and (B)of this section.
(iii) The covered housing provider, subject to authorization under
the regulations of the applicable covered housing program, may extend
the 60-calendar-day period up to an additional 30 calendar days.
(2) Reasonable time to find alternative housing provider. (i) If a
tenant is unable to establish eligibility for the covered housing
program, as provided in paragraph (b)(1) of this section, the covered
housing provider must give the tenant an additional 30 calendar days to
find alternative housing. The additional 30 days shall commence
following the 61st day after date of bifurcation of the lease.
(ii) The covered housing provider may, subject to authorization
under the regulations of the applicable covered housing program, extend
the 30-calendar-day period up to an additional 30 calendar days.
(c) Efforts to promote housing stability for victims of domestic
violence, dating violence, sexual assault, or stalking. Covered housing
providers are encouraged to undertake whatever actions permissible and
feasible under their respective programs to assist individuals residing
in their units who are victims of domestic violence, dating violence,
sexual assault, or stalking to remain in their units or other units
under the covered housing program or other covered housing providers,
and for the covered housing provider to bear the costs of any transfer,
where permissible.

Sec. 5.2011 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, sexual assault, or stalking.

PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM

0
3. The authority citation for part 92 continues to read as follows:

Authority: 42 U.S.C. 3535(d) and 12701-12839.

0
4. In Sec. 92.253, paragraph (a) is revised and paragraph (d) is
amended by removing the ``and'' following paragraph (5), adding ``and''
at the end of paragraph (6), and adding a new paragraph (d)(7) to read
as follows:

Sec. 92.253 Tenant protections and selection.

(a) Lease. There must be a written lease between the tenant and the
owner of rental housing assisted with HOME funds that is for a period
of not less than 1 year, unless by mutual agreement between the tenant
and the owner a shorter period is specified. The lease must incorporate
the VAWA lease term/addendum required under Sec. 92.359(e), except as
otherwise provided by Sec. 92.359(b).
* * * * *
(d) Tenant selection. * * *
(7) Comply with the VAWA requirements prescribed in Sec. 92.359.
0
5. Section 92.359 is added to read as follows:

Sec. 92.359 VAWA requirements.

(a) General. (1) The Violence Against Women Act (VAWA) requirements
set forth in 24 CFR 5, subpart L, apply to all HOME tenant-based rental
assistance and rental housing assisted with HOME funds, except as
otherwise provided in this section.
(2) For the HOME program, ``covered housing provider,'' as such
term is used in HUD's regulations in 24 CFR part 5, subpart L, and that
is designated to carry out the duties and responsibilities specified in
24 CFR part 5, subpart L, refers to:
(i) The housing owner for the purposes of Sec. 5.2005(d)(1),
(d)(3), and (d)(4) and Sec. 5.2009(a);

[[Page 17570]]

(ii) The participating jurisdiction or its designee for purposes of
Sec. 5.2005(e); and
(iv) The housing owner and entity administering tenant-based rental
assistance for the purposes of Sec. 5.2005(d)(2) and Sec. 5.2007.
(b) Effective date. Compliance with the VAWA requirements under
this section and 24 CFR part 5, subpart L, is not required for any
tenant-based rental assistance or rental housing project for which the
date of the HOME funding commitment is earlier than [insert effective
date of the final rule].
(c) Notification requirements. The participating jurisdiction is
responsible for providing a notice and certification form that meet the
requirements of Sec. 5.2005(a) to each owner of HOME-assisted rental
housing and each entity that administers HOME tenant-based rental
assistance.
(1) For HOME-assisted units. Each owner of HOME-assisted rental
housing must provide the notice and certification form described in 24
CFR 5.2005(a) to each applicant for a HOME-assisted unit at the time
the applicant is admitted or denied admission to a HOME-assisted unit.
Each owner of HOME-assisted rental housing must also provide the notice
and certification form described in 24 CFR 5.2005 with any notification
of eviction from a HOME-assisted unit.
(2) For HOME tenant-based rental assistance. Each entity that
administers HOME tenant-based rental assistance must provide the notice
and certification form described in 24 CFR 5.2005(a) to each applicant
for HOME tenant-based rental assistance when the applicant's HOME
tenant-based rental assistance is approved or denied. Each entity that
administers HOME tenant-based rental assistance must also provide the
notice and certification form described in 24 CFR 5.2005(a) to a tenant
receiving HOME tenant-based rental assistance when the entity provides
the tenant with notification of termination of the HOME tenant-based
rental assistance and when the entity learns that the tenant's housing
owner intends to provide the tenant with notification of eviction.
(d) Bifurcation of lease requirements. The requirements of 24 CFR
5.2009(b) do not apply to HOME-assisted rental units or housing for
which HOME tenant-based rental assistance is the only assistance
provided (i.e., the housing is not assisted housing under a covered
housing program, as defined in 24 CFR 5.2003). With respect to this
housing, the following requirements apply when a lease is bifurcated in
accordance with 24 CFR 5.2009(a):
(1) The participating jurisdiction or its designee must establish a
bifurcation policy, which at a minimum specifies:
(i) What constitutes a reasonable opportunity for the remaining
tenant to establish eligibility for the HOME-assisted unit, if the
qualifying tenant is removed through bifurcation;
(ii) What constitutes a reasonable opportunity for the remaining
tenant to establish eligibility for HOME tenant-based rental
assistance, if the qualifying tenant is removed through bifurcation;
and
(iii) Which provisions, if any, the VAWA lease term/addendum for
HOME tenant-based rental assistance must include to protect the
remaining tenant, if the qualifying tenant is removed through
bifurcation.
(2) If the qualifying tenant for a HOME-assisted unit is removed
through bifurcation, the owner must provide any remaining tenant a
reasonable opportunity, as determined by the participating
jurisdiction, to establish eligibility for the HOME-assisted unit. If
the remaining tenant cannot establish eligibility, the owner must give
the tenant at least 60 days to find other housing, beginning on the
date the tenant is determined ineligible.
(3) If HOME tenant-based rental assistance is the only assistance
provided, the following requirements apply:
(i) If the qualifying tenant for the HOME tenant-based rental
assistance is removed through the bifurcation, the housing owner and
the entity administering the HOME tenant-based rental assistance must
provide any remaining tenant(s) a reasonable opportunity, as determined
by the participating jurisdiction, to establish eligibility for the
HOME tenant-based rental assistance.
(ii) When a family separates under 24 CFR 5.2009(a) and both
resulting families remain eligible for HOME tenant-based rental
assistance, the participating jurisdiction or its designee must
determine on a case-by-case basis which of the resulting families will
keep the current HOME tenant-based rental assistance and whether the
other resulting family will receive new HOME tenant-based rental
assistance.
(e) VAWA lease term/addendum. The participating jurisdiction is
responsible for developing a VAWA lease term/addendum to incorporate
the VAWA requirements that apply to the owner under this section,
including the prohibited bases for eviction and restrictions on
construing lease terms under 24 CFR 5.2005(b) and (c). This VAWA lease
term/addendum must also provide that the tenant may terminate the lease
without penalty if the participating jurisdiction or its designee
determines that the tenant has met the conditions for an emergency
transfer under 24 CFR 5.2005(e). When HOME tenant-based rental
assistance is provided, the lease term/addendum must require the owner
to notify the entity administering HOME tenant-based rental assistance
before the owner initiates a bifurcation of the lease or provides
notification of eviction to the tenant. If HOME tenant-based rental
assistance is the only assistance provided (i.e., the unit is not
assisted housing under a covered housing program, as defined in 24 CFR
5.2003), the VAWA lease term/addendum may be written to expire at the
end of the rental assistance period.
(f) Period of applicability. For HOME-assisted rental housing, the
requirements of this section shall apply to the owner or manager of the
housing for the duration of the affordability period. For HOME tenant-
based rental assistance, the requirements of this section shall apply
to the owner or manager of the tenant's housing for the period for
which the rental assistance is provided.
0
6. Section 92.504(c)(3)(v) is amended by adding paragraph (c)(3)(v)(F)
to read as follows:

Sec. 92.504 Participating jurisdiction responsibilities; written
agreements; on-site inspection.

* * * * *
(c) Provisions in written agreements: * * *
(3) * * *
(i) * * *
(v) * * *
(F) The VAWA requirements prescribed in Sec. 92.359.
* * * * *

PART 200--INTRODUCTION TO FHA PROGRAMS

0
7. The authority citation for Part 200 continues to read as follows:

Authority: 12 U.S.C. 1702-1715z-21 and 42 U.S.C. 3535(d).
0
8. Add Sec. 200.38 to read as follows:

Sec. 200.38 Protections for victims of domestic violence.

(a) The requirements for protection for victims of domestic
violence, dating violence, sexual assault, or stalking in 24 CFR part
5, subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking) apply to programs administered
under section 236 and under sections 221(d)(3) and (d)(5) of the
National Housing Act, as follows:

[[Page 17571]]

(1) 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 (BMIR) pursuant to section 221(d)(5), with implementing
regulations at 24 CFR part 221. The Section 221(d)(3) BMIR program
insured and subsidized mortgage loans to facilitate new construction or
substantial rehabilitation of multifamily rental cooperative housing
for low- and moderate-income families. The program is no longer active,
but section 221(d)(3) BMIR properties that remain in existence are
covered by VAWA. Coverage of section 221(d)(3) and (d)(5) BMIR housing
does not include section 221(d)(3) and (d)(5) BMIR projects that
refinance under section 223(a)(7) or 223(f) of the National Housing Act
where the interest rate is no longer determined under section
221(d)(5).
(2) Multifamily rental housing under section 236 of the National
Housing Act (12 U.S.C. 1715z-1), with implementing regulations at 24
CFR part 236. Coverage of the section 236 program includes not only
those projects with FHA-insured project mortgages under section 236(j),
but also non-FHA-insured projects that receive interest reduction
payments (``IRP'') under section 236(b) and formerly insured section
236 projects that continue to receive interest reduction payments
through a ``decoupled'' IRP contract under section 236(e)(2). Coverage
also includes projects that receive rental assistance payments
authorized under section 236(f)(2).
(b) For the programs administered under paragraph (a) of this
section, ``covered housing provider'' as such term is used in 24 CFR
part 5, subpart L, refers to the mortgagor, or owner, as applicable,
and as provided in guidance issued by HUD.

PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

0
9. The authority citation for part 574 continues to read as follows:

Authority: 42 U.S.C. 3535(d) and 12901-12912.

0
10. Add Sec. 574.460 to read as follows:

Sec. 574.460 Remaining participants following bifurcation of a lease
or eviction as a result of domestic violence.

With respect to participants living in a unit assisted under the
HOPWA program with a person with AIDS, and the person with AIDS was
found to have engaged in domestic violence, dating violence, sexual
assault or stalking, the grantee or project sponsor shall provide a
reasonable grace period for continued participation by the remaining
participants, which period shall be no less than 90 days, and not more
than 1 year, from the date of eviction of the person with AIDS. The
grantee or project sponsor shall notify the remaining participants of
the duration of their grace period and may assist them with information
on other available housing programs and with moving expenses.
0
11. Add Sec. 574.604 to read as follows:

Sec. 574.604 Protections for victims of domestic violence, dating
violence, sexual assault, and stalking.

(a) General--(1) Applicability of VAWA. The VAWA requirements set
forth in 24 CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking), apply to all
housing assisted with HOPWA grant funds for acquisition,
rehabilitation, conversion, lease, and repair of facilities to provide
housing; new construction; and operating costs provided in Sec.
574.300. The requirements set forth in 24 CFR part 5, subpart L, also
apply to project- or tenant-based rental assistance as provided in
Sec. Sec. 574.300 and 574.320, and community residences, as provided
in Sec. 574.340.
(2) Inapplicability of VAWA. The requirements set forth in 24 CFR
5, subpart L do not apply to short-term supported housing, as provided
in Sec. 574.330.
(b) Covered housing provider. For the programs administered under
paragraph (a) of this section, ``covered housing provider'' as such
term is used in 24 CFR part 5, subpart L, is the HOPWA grantee, project
sponsor, or housing or facility owner, as described in this section.
(1)(i) For HOPWA-assisted units, the HOPWA grantee is responsible
for ensuring that the project sponsor:
(A) Sets policy for determining ``reasonable opportunity'' for
establishing eligibility for remaining tenants in HOPWA facility-based
assistance--minimum 90 days, maximum 1 year;
(B) Provides notice of occupancy rights and the certification form
at admission, denial of assistance, termination, or eviction;
(C) Adopts and administers emergency transfer plan, and
facilitating emergency transfers; and
(D) Maintains the confidentiality of documentation submitted by
tenants requesting emergency transfers and of each tenant's housing
location.
(ii)(A) If a tenant seeks VAWA protections, the tenant must submit
such request through the project sponsor (or grantee if the grantee is
directly administering housing assistance). The project sponsor will
work with the facility owner to facilitate protections on the tenant's
behalf. Project sponsors must follow the documentation specifications
in 24 CFR 5.2007 and maintain confidentiality as provided in 24 CFR
5.2007.
(B) The facility owner is responsible for using a HOPWA lease
addendum with VAWA protections and, if such option is exercised,
bifurcating the lease to evict the tenant that perpetrated the domestic
violence, dating violence, sexual assault, or stalking.
(2)(i) For tenant-based rental assistance, the HOPWA grantee is
responsible for ensuring that the project:
(A) Sets policy for determining ``reasonable opportunity'' for
establishing eligibility for remaining tenants in HOPWA facility-based
assistance--minimum 90 days, maximum 1 year;
(B) Provides notice of occupancy rights and the certification form
at admission, denial of assistance, termination, or eviction;
(C) Adopts and administers emergency transfer plan, and facilitates
emergency transfers; and
(D) Maintains the confidentiality of documentation submitted by
tenants requesting emergency transfers and of each tenant's housing
location.
(ii)(A) If a tenant seeks VAWA protections, the tenant must submit
such request through the project sponsor (or the grantee if the grantee
is directly administering housing assistance). The project sponsor will
work with the facility owner to facilitate protections on the tenant's
behalf. Project sponsors must follow the documentation specifications
in 24 CFR 5.2007 and maintain confidentiality as provided in 24 CFR
5.2007. The project sponsor is also responsible for determining on a
case-by-case basis whether to provide new tenant-based rental
assistance to a remaining tenant if an emergency transfer results in
division of the household.
(B) The facility owner is responsible for using a HOPWA lease
addendum with VAWA protections and, if such option is exercised,
bifurcating the lease to evict the tenant that perpetrated the domestic
violence, dating violence, sexual assault, or stalking.
(c) Effective date. For formula grants, compliance with the VAWA
requirements under this section and 24 CFR part 5, subpart L, is not
required for any project covered under Sec. 574.604(a) for which the
date of the HOPWA funding commitment is earlier than

[[Page 17572]]

[insert effective date of the final rule]. For competitive grants, VAWA
requirements under this section and 24 CFR part 5, subpart L, are
incorporated in the annual notice of funding availability (NOFA) and
made applicable through the grant agreement or Renewal Memorandum,
executed for the first full fiscal year that commences on [insert
effective date of the final rule].
(d) Notification requirements. (1) As provided in paragraph (b) of
this section, the grantee is responsible for ensuring that each
eligible person applying to or assisted under the eligible activities
described in Sec. 574.604(a) receives the notice and certification
form described in 24 CFR 5.2005 at the following times:
(i) At the time the eligible person is denied tenant-based rental
assistance or admission to a HOPWA-assisted unit;
(ii) At the time the eligible person is admitted to a HOPWA-
assisted unit or begins receiving tenant-based rental assistance; and
(iii) With any notification of eviction from the HOPWA-assisted
unit or termination of HOPWA tenant-based rental assistance.
(2) The grantee is responsible for ensuring that, for each tenant
receiving HOPWA tenant-based rental assistance, the owner or manager of
the tenant's housing unit commits to provide the notice and
certification form described in 24 CFR 5.2005 with any notification of
eviction that the owner or manager provides to the tenant during the
period for which the tenant is receiving HOPWA tenant-based rental
assistance. This commitment, as well as the confidentiality
requirements under 24 CFR 5.2007(c), must be set forth in the VAWA
lease term/addendum required under paragraph (e) of this section.
(e) Definition of reasonable time. For the purpose of 24 CFR
5.2009(b), the reasonable time is the reasonable grace period described
in 24 CFR 547.460.
(f) VAWA lease term/addendum. As provided in paragraph (b) of this
section, the facility owner or housing owner, as applicable, is
responsible for developing a VAWA lease term/addendum to incorporate
all obligations and prohibitions that apply to the housing owner under
24 CFR part 5, subpart L, including the prohibited bases for eviction
under 24 CFR 5.2005(b). The VAWA lease term/addendum must also provide
that the tenant may terminate the lease without penalty if a
determination is made that the tenant has met the conditions for an
emergency transfer under 24 CFR 5.2005(e). For tenant-based rental
assistance, the VAWA lease term/addendum may be written to expire at
the end of the rental assistance period, except where the tenant's
housing is assisted under a ``covered housing program,'' as defined in
24 CFR 5.2003. The facility owner or housing owner, as applicable, is
responsible for ensuring the VAWA lease term/addendum is added to the
leases for all HOPWA-assisted units and the leases for all eligible
persons receiving HOPWA tenant-based rental assistance.

PART 576--EMERGENCY SOLUTIONS GRANTS PROGRAM

0
12. The authority citation for part 576 continues to read as follows:

Authority: 42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).

0
13. In Sec. 576.105, add paragraph (a)(7) to read as follows:

Sec. 576.105 Housing relocation and stabilization services.

(a) * * *
(7) If a program participant receiving short- or medium-term rental
assistance under Sec. 576.106 meets the conditions for an emergency
transfer under 24 CFR 5.2005(e), ESG funds may be used to pay damages
caused by early termination of the program participant's lease. These
costs are not subject to the 24-month limit on rental assistance under
Sec. 576.106.
* * * * *
0
14. In Sec. 576.106, paragraphs (e) and (g) are revised to read as
follows:

Sec. 576.106 Short-term and medium-term rental assistance.

* * * * *
(e) Rental assistance agreement. The recipient or subrecipient may
make rental assistance payments only to an owner with whom the
recipient or subrecipient has entered into a rental assistance
agreement. The rental assistance agreement must set forth the terms
under which rental assistance will be provided, including the
requirements that apply under this section. The rental assistance
agreement must provide that, during the term of the agreement, the
owner must give the recipient or subrecipient a copy of any notice to
the program participant to vacate the housing unit or any complaint
used under State or local law to commence an eviction action against
the program participant. Each rental assistance agreement that is
executed or renewed on or after [insert the effective date of the final
rule] must include all tenant protections under 24 CFR part 5, subpart
L, except 24 CFR 5.2005(e). If the housing is not assisted under
another ``covered housing program'', as defined in 24 CFR 5.2003, the
agreement may provide that the owner's obligations under 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), expire at the end of the rental
assistance period.
* * * * *
(g) Lease. Each program participant receiving rental assistance
must have a legally binding, written lease for the rental unit, unless
the assistance is solely for rental arrears. The lease must be between
the owner and the program participant. Where the assistance is solely
for rental arrears, an oral agreement may be accepted in place of a
written lease, if the agreement gives the program participant an
enforceable leasehold interest under state law and the agreement and
rent owed are sufficiently documented by the owner's financial records,
rent ledgers, or canceled checks. For program participants living in
housing with project-based rental assistance under paragraph (i) of
this section, the lease must have an initial term of 1 year. Each lease
executed on or after [insert the effective date of the final rule] must
include a lease provision or incorporate a lease addendum that includes
all protections that apply to tenants under 24 CFR part 5, subpart L
(Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking), except 24 CFR 5.2005(e). If the housing is not
assisted under another ``covered housing program'', as defined in 24
CFR 5.2003, the lease provision or lease addendum may be written to
expire at the end of the rental assistance period.
* * * * *
0
15. In Sec. 576.407, add paragraph (g) to read as follows:

Sec. 576.407 Other Federal requirements.

* * * * *
(g) Protection for victims of domestic violence, dating violence,
sexual assault, or stalking. (1) The requirements of 24 CFR part 5,
subpart L apply to all eligibility and termination decisions that are
made with respect to ESG rental assistance on or after [insert the
effective date of the final rule]. The recipient must ensure that the
requirements under 24 CFR part 5, subpart L, are included or
incorporated into rental assistance agreements and leases as provided
in Sec. 576.106(e) and (g).
(2) For the ESG program, ``covered housing provider,'' as such term
is used in HUD's regulations in 24 CFR part 5, subpart L, and that is
designated to carry out the duties and responsibilities

[[Page 17573]]

specified in 24 CFR part 5, subpart L, refers to:
(i) The recipient or subrecipient that administers the rental
assistance for the purposes of Sec. 5.2005(e);
(ii) The housing owner for the purposes of Sec. 5.2005(d)(1),
(d)(3), and (d)(4) and Sec. 5.2009(a);
(iii) The housing owner and the recipient or subrecipient that
administers the rental assistance for the purposes of Sec.
5.2005(d)(2) and Sec. 5.2009(b); and
(iv) The housing owner and the recipient or subrecipient that
administers the rental assistance for the purposes of Sec. 5.2007,
unless otherwise provided in a written policy authorized by this
section.
(3) As provided under 24 CFR 5.2005(a)(1) and (3), each recipient
or subrecipient that determines eligibility for or administers ESG
rental assistance is responsible for ensuring that the notice and
certification form described under 24 CFR 5.2005(a)(1) is provided to
each applicant for ESG rental assistance and each program participant
receiving ESG rental assistance at each of the following times:
(i) When an individual or family is denied ESG rental assistance;
(ii) When a program participant begins receiving ESG rental
assistance;
(iii) When a program participant is notified of termination of ESG
rental assistance; and
(iv) When a program participant receives notification of eviction.
(3)(i) The recipient must develop an emergency transfer plan to
meet the requirements of 24 CFR 5.2005(e) or require its subrecipients
that administer ESG rental assistance to develop emergency transfer
plans to meet the requirements of 24 CFR 5.2005(e). If the recipient
requires its subrecipients to develop the plans, the recipient must
specify whether:
(A) One plan is to be developed for the recipient's jurisdiction as
a whole;
(B) One plan is to be developed for each Continuum of Care in which
the subrecipients are located; or
(C) One plan is to be developed for each subrecipient that
administers ESG rental assistance.
(ii) Once the applicable plan is developed, each recipient and
subrecipient that administers ESG rental assistance must adopt and
implement the plan in accordance with 24 CFR 5.2005(e).
(4) The recipient or subrecipient that administers ESG rental
assistance may establish a written policy that allows or requires
program participants to seek the recipient or subrecipient's assistance
in preventing an owner from taking actions prohibited by VAWA. The
policy must be appended to the notice of occupancy rights under VAWA
and in the VAWA protection provisions in leases and rental assistance
agreements as provided under Sec. 576.106. At a minimum, the policy
must provide that if a program participant seeks the recipient or
subrecipient's assistance in preventing an owner's action:
(i) The recipient or subrecipient may request documentation under
Sec. 5.2007, but the program participant will not be required to
provide documentation to the owner, except under court order;
(ii) The recipient or subrecipient must determine whether the
program participant is entitled to protection under VAWA, and
immediately advise the program participant of the determination; and
(iii) If the program participant is entitled to protection, the
recipient or subrecipient must notify the owner in writing that the
program participant is entitled to protection under VAWA and of the
actions that are prohibited under VAWA, and the recipient or
subrecipient must work with the owner on the program participant's
behalf to resolve the matter. Any further sharing or disclosure of the
program participant's information will be subject to the requirements
in Sec. 5.2007.

PART 578--CONTINUUM OF CARE PROGRAM

0
16. The authority citation for part 578 continues to read as follows:

Authority: 42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).

0
17. In Sec. 578.7, paragraph (d) is added to read as follows:

Sec. 578.7 Responsibilities of the Continuum of Care.

* * * * *
(d) VAWA emergency transfer plan. The Continuum of Care must
develop the emergency transfer plan required under 24 CFR 5.2005(e) to
coordinate emergency transfers within the geographic area, which plan:
(i) Requires all recipients and subrecipients in the geographic
area to use the plan; and
(ii) Permits recipients and subrecipients of grants for tenant-
based rental assistance to use grant funds to pay damages resulting
from the early termination of a lease if the recipient or subrecipient
determines that the conditions of 24 CFR 5.2005(e) are met and the
program participant uses the emergency transfer plan to transfer to a
``safe and available unit.'' The revision will clarify what grant funds
may be used to pay and will reflect the addition of 24 CFR
5.2005(e)(3).
0
18. In Sec. 578.51, add paragraph (m) to read as follows:

Sec. 578.51 Rental assistance.

* * * * *
(m) VAWA emergency transfer plan costs. Recipients and
subrecipients of grants for tenant-based rental assistance may use
grant funds to pay damages resulting from early termination of a lease
if the conditions of Sec. 578.7(d) are met.
0
19. In Sec. 578.75, paragraph (i) is revised to read as follows:

Sec. 578.75 General operations.

* * * * *
(i) Retention of assistance after death, incarceration,
institutionalization, or eviction of qualifying member. (1) For
permanent supportive housing projects, surviving members of any
household who were living in a unit assisted under this part at the
time of the qualifying member's death, long-term incarceration, or
long-term institutionalization have the right to rental assistance
under this section until the expiration of the lease in effect at the
time of the qualifying member's death, long-term incarceration, or
long-term institutionalization.
(2) Remaining program participants following bifurcation of a lease
or eviction as a result of domestic violence. For permanent supportive
housing projects, members of any household who were living in a unit
assisted under this part at the time of a qualifying member's eviction
from the unit because the qualifying member was found to have engaged
in domestic violence, dating violence, sexual assault, or stalking,
have the right to rental assistance under this section until the
expiration of the lease in effect at the time of the qualifying
member's eviction.
0
20. In Sec. 578.91, revise paragraph (a) to read as follows:

Sec. 578.91 Termination of assistance to program participants.

(a) Termination of assistance. The recipient or subrecipient may
terminate assistance to a program participant who violates program
requirements or conditions of occupancy, subject to the requirements of
24 CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking). Termination under this
section does not bar the recipient or subrecipient from providing
further assistance at a later date to the same individual or family.
* * * * *

[[Page 17574]]

0
21. In Sec. 578.99, add paragraph (j) to read as follows:

Sec. 578.99 Applicability of other Federal requirements.

* * * * *
(j) Protections for victims of domestic violence, dating violence,
sexual assault, or stalking--(1) General. The requirements set forth in
24 CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking), implementing the
requirements of the VAWA apply to all permanent housing and
transitional housing, except safe havens, for which Continuum of Care
program funds are used for acquisition, rehabilitation, new
construction, leasing, rental assistance, or operating costs. The
requirements also apply where funds are used for homelessness
prevention, but only where the funds are used to provide short- and/or
medium-term rental assistance. For the Continuum of Care program,
``covered housing provider,'' as such term is used in HUD's regulations
in 24 CFR part 5, subpart L refers to the entity that carries out the
duties and responsibilities of a covered housing provider, as provided
in Sec. Sec. 578.7, 578.75, 578.91 and 578.99.
(2) Definition of covered housing provider. For the Continuum of
Care program, ``covered housing provider,'' as such term is used HUD's
regulations in 24 CFR part 5, subpart L, and that is designated to
carry out the duties and responsibilities specified in 24 CFR part 5,
subpart L, refers to:
(i) The entity that carries out the duties and responsibilities of
a covered housing provider, as provided in Sec. Sec. 578.7, 578.75,
578.91, and 578.99;
(ii) The owner or landlord, which may be the recipient or
subrecipient, for purposes of 24 CFR 5.2005(d)(1) and 5.2009(a);
(iii) The recipient, subrecipient, and owner or landlord for
purposes of 24 CFR 5.2005(d)(2)-(d)(4) ; and
(iv) The recipient or subrecipient for purposes of 24 CFR 5.2007 if
the recipient or subrecipient establishes a policy under Sec.
578.99(j)(5) requiring the program participant to seek the recipient's
or subrecipient's assistance; otherwise the recipient, subrecipient,
and owner or landlord for purposes 24 CFR 5.2007.
(3) Effective date. Compliance with the requirements of 24 CFR part
5, subpart L, and this paragraph (j) is required for grants awarded
pursuant to NOFAs published on or after [insert effective date of the
final rule]. Compliance is encouraged for grants awarded pursuant to
NOFAs published earlier than [insert effective date of the final rule].
(4) Notification requirements. (i) The recipient or subrecipient
must provide each individual or family applying for permanent housing
and transitional housing and each program participant the notice and
the certification form described in 24 CFR 5.2005 at each of the
following times:
(A) When an individual or family is denied permanent housing or
transitional housing;
(B) When a program participant is admitted to permanent housing or
transitional housing;
(C) When a program participant receives notification of eviction;
and
(D) When a program participant is notified of termination of
assistance.
(ii) When grant funds are used for rental assistance, the recipient
or subrecipient must ensure that the owner or manager of the housing
provides the notice and certification form described in 24 CFR
5.2005(a) to the program participant with any notification of eviction.
This commitment and the confidentiality requirements under 24 CFR
5.2007(c) must be set forth in a contract with the owner or landlord.
(5) Optional policy. A recipient or subrecipient may establish a
written policy that allows or requires program participants to seek the
recipient's or subrecipient's assistance in preventing an owner or
landlord from taking an action that is prohibited under 24 CFR part 5,
subpart L. The policy must be appended to the notice of occupancy
rights under VAWA, and included in a contract between the recipient or
subrecipient and the owner or landlord, and in any lease or sublease
between the owner or landlord and a program participant. The policy
must include the following:
(i) If a program participant seeks the recipient's or
subrecipient's assistance in preventing the owner's or landlord's
action, the program participant, upon request of the recipient or
subrecipient for documentation under 24 CFR 5.2007, will provide the
requested documentation to the recipient or subrecipient and will not
be required to provide the documentation to the owner or landlord,
except under court order. Any further sharing or disclosure of the
program participant's information will be subject to the requirements
in 24 CFR 5.2007.
(ii) The recipient or subrecipient must determine whether the
program participant is entitled to protection under 24 CFR part 5,
subpart L, and immediately advise the program participant of the
determination.
(iii) If the program participant is entitled to protection, the
recipient or subrecipient must notify the owner or landlord in writing
that the program participant is entitled to protection under 24 CFR
part 5, subpart L and of the actions that are prohibited under 24 CFR
part 5, subpart L, and must work with the owner or landlord on the
program participant's behalf to resolve the matter.
(6) Contract, lease, and occupancy agreement provisions. (i)
Recipients and subrecipients must include in any contracts and leases
between the recipient or subrecipient, and an owner or landlord of the
housing:
(A) The requirement to comply with 24 CFR part 5, subpart L; and
(B) Where the owner or landlord of the housing will have a lease
with a program participant, the requirement to include a lease
provision that includes all protections that apply to tenants under 24
CFR part 5, subpart L.
(ii) The recipient or subrecipient must include in any lease,
sublease, and occupancy agreement with the program participant a
provision that includes all protections that apply to tenants under 24
CFR part 5, subpart L. The lease, sublease, and occupancy agreement may
specify that the protections under 24 CFR part 5, subpart L, apply only
during the period of assistance under the Continuum of Care Program.
The period of assistance for housing where grant funds were used for
acquisition, construction, or rehabilitation is 15 years from the date
of initial occupancy or date of initial service provision.
(iii) Except for tenant-based rental assistance, recipients and
subrecipients must require that any lease, sublease, or occupancy
agreement with a program participant permits the program participant to
terminate the lease, sublease, or occupancy agreement without penalty
if the recipient or subrecipient determines that the conditions of 24
CFR 5.2005(e) are met.
(iv) For tenant-based rental assistance, the recipient or
subrecipient must enter into a contract with the owner or landlord of
the housing that:
(A) Requires the owner or landlord of the housing to comply with
the provisions of 24 CFR part 5, subpart L; and
(B) Requires the owner or landlord of the housing to include a
lease provision that includes all protections that apply to tenants
under 24 CFR part 5, subpart L. The lease may specify that the
protections under 24 CFR part 5, subpart L, only apply while the
program participant receives tenant-based rental assistance under the
Continuum of Care Program.

[[Page 17575]]

(7) Transition. (i) The recipient or subrecipient must ensure that
the requirements set forth in Sec. 578.99(j)(5) apply to any
contracts, leases, subleases, or occupancy agreements entered into, or
renewed, following the expiration of an existing term, on or after the
effective date in Sec. 578.99(j)(2). This obligation includes any
contracts, leases, subleases, and occupancy agreements that will
automatically renew on or after the effective date in Sec.
578.99(j)(3).
(ii) For leases for tenant-based rental assistance existing prior
to the effective date in Sec. 578.99(j)(2), recipients and
subrecipients must enter into a contract under Sec. 578.99(j)(6)(iv)
before the next renewal of the lease.
(8) Definition of reasonable time. The requirements of 24 CFR
5.2009(b) do not apply to this part. See Sec. 578.75(i)(2) for the
reasonable time provided to remaining program participants under this
part.
(9) Develop the VAWA emergency transfer plan. See Sec. 578.7(d).

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

0
22. 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
23. In Sec. 880.201, a definition of ``covered housing provider'' is
added in alphabetical order to read as follows:

Sec. 880.201 Definitions.

* * * * *
Covered housing provider. For the Section 8 Housing Assistance
Payment Program for New Construction, ``covered housing provider,'' as
such term is used in HUD's regulations in 24 CFR part 5, subpart L
(Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking), refers to the PHA or owner, as applicable given
the responsibilities of the covered housing provider as set forth in 24
CFR part 5, subpart L. For example, the PHA (not the owner) is the
covered housing provider responsible for providing the ``notice of
occupancy rights under VAWA, and certification form'' described at 24
CFR 5.2005(a). Additionally, the owner (not the PHA) is the covered
housing provider that may choose to bifurcate a lease as described at
24 CFR 5.2009(a), but the PHA (not the owner) is the covered housing
provider responsible for providing the ``reasonable time to establish
eligibility for assistance following bifurcation of a lease'' described
at 24 CFR 5.2009(b).
* * * * *
0
24. Revise Sec. 880.504(f) to read as follows:

Sec. 880.504 Leasing to eligible families.

* * * * *
(f) Protections for victims of domestic violence, dating violence,
sexual assault, or stalking. The regulations of 24 CFR part 5, subpart
L (Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking), apply to selection of tenants and occupancy
requirements in cases involving or allegedly involving incidents of, or
criminal activity related to, domestic violence, dating violence,
sexual assault, or stalking.
0
25. In Sec. 880.607 revise 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 (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking), in
all cases where domestic violence, dating violence, sexual assault,
stalking, or criminal activity directly related to domestic violence,
dating violence, sexual assault, or stalking is involved or claimed to
be involved.
* * * * *

PART 882--SECTION 8 MODERATE REHABILITATION PROGRAMS

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

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

0
27. In Sec. 882.102(b), a definition of ``covered housing provider''
is added in alphabetical order to read as follows:

Sec. 882.102 Definitions

* * * * *
Covered housing provider. For the Section 8 Moderate Rehabilitation
Programs, as provided in subparts A, D, and E of this part, ``covered
housing provider,'' as such term is used in HUD's regulations in 24 CFR
part 5, subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), refers to the PHA or owner, as
applicable given the responsibilities of the covered housing provider
as set forth in 24 CFR part 5, subpart L. For example, the PHA (not the
owner) is the covered housing provider responsible for providing the
``notice of occupancy rights under VAWA, and certification form''
described at 24 CFR 5.2005(a). In addition, the owner (not the PHA) is
the covered housing provider that may choose to bifurcate a lease as
described at 24 CFR 5.2009(a), but the PHA (not the owner) is the
covered housing provider responsible for providing the ``reasonable
time to establish eligibility for assistance following bifurcation of a
lease'' described at 24 CFR 5.2009(b).
* * * * *
0
28. 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, sexual
assault, or stalking in 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking).
0
29. Revise Sec. 882.511(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 (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking), in
all cases where domestic violence, dating violence, sexual assault, or
stalking, or criminal activity directly related to domestic violence,
dating violence, sexual assault, or stalking is involved or claimed to
be involved.
0
30. In Sec. 882.514(c), revise the fourth sentence, to read as
follows:

Sec. 882.514 Family participation.

* * * * *
(c) Owner selection of families. * * * However, the owner must not
deny program assistance or admission to an applicant based on the fact
that the applicant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking, if the applicant otherwise
qualifies for assistance or admission. * * *
* * * * *
0
31. In Sec. 882.802, a definition of ``covered housing provider'' is
added, in the alphabetical order, to read as follows:

Sec. 882.802 Definitions.

* * * * *
Covered housing provider. For the Section 8 Moderate Rehabilitation
Single Room Occupancy Program for Homeless Individuals, ``covered
housing provider,'' as such term is used in HUD's regulations in 24 CFR
part 5, subpart L (Protection for Victims of

[[Page 17576]]

Domestic Violence, Dating Violence, Sexual Assault, or Stalking),
refers to the owner as defined in this section.
* * * * *
0
32. In Sec. 882.804, paragraph (a) is revised to read as follows:

Sec. 882.804 Other Federal requirements.

(a) Participation in this program requires compliance with the
Federal requirements set forth in 24 CFR 5.105, with the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.), and with the regulations in
24 CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking).
* * * * *

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

0
33. 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
34. In Sec. 883.302, a definition of ``covered housing provider'' is
added, in the alphabetical order, to read as follows:

Sec. 883.302 Definitions

* * * * *
Covered housing provider. For the Section 8 Housing Assistance
Payments Programs--State Housing Agencies, ``covered housing
provider,'' as such term is used in HUD's regulations in 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), refers to the PHA or owner, as
applicable given the responsibilities of the covered housing provider
as set forth in 24 CFR part 5, subpart L. For example, the PHA (not the
owner) is the covered housing provider responsible for providing the
``notice of occupancy rights under VAWA, and certification form''
described at 24 CFR 5.2005(a). In addition, the owner (not the PHA) is
the covered housing provider that may choose to bifurcate a lease as
described at 24 CFR 5.2009(a), but the PHA (not the owner) is the
covered housing provider responsible for providing the ``reasonable
time to establish eligibility for assistance following bifurcation of a
lease'' described at 24 CFR 5.2009(b).
* * * * *
0
35. Revise Sec. 883.605 to read as follows:

Sec. 883.605 Leasing to eligible families.

The provisions of 24 CFR 880.504 apply, including reference at 24
CFR 880.504(f) to the requirements of 24 CFR part 5, subpart L
(Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking), pertaining to the selection of tenants and
occupancy requirements in cases involving or allegedly involving
incidents of, or criminal activity related to, domestic violence,
dating violence, sexual assault, or stalking, 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
36. 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
37. In Sec. 884.102, a definition of ``covered housing provider'' is
added, in the alphabetical order, to read as follows:

Sec. 884.102 Definitions

* * * * *
Covered housing provider. For the Section 8 Housing Assistance
Payments Programs, New Construction Set-Aside for Section 515 Rural
Rental Housing, ``covered housing provider,'' as such term is used in
HUD's regulations at 24 CFR part 5, subpart L (Protection for Victims
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking),
refers to the PHA or owner, as applicable given the responsibilities of
the covered housing provider as set forth in 24 CFR part 5, subpart L.
For example, the PHA (not the owner) is the covered housing provider
responsible for providing the ``notice of occupancy rights under VAWA,
and certification form'' described at 24 CFR 5.2005(a). Additionally,
the owner (not the PHA) is the covered housing provider that may choose
to bifurcate a lease as described at 24 CFR 5.2009(a), but the PHA (not
the owner) is the covered housing provider responsible for providing
the ``reasonable time to establish eligibility for assistance following
bifurcation of a lease'' described at 24 CFR 5.2009(b).
* * * * *
0
38. Revise Sec. 884.216(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 (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking) in all
cases where domestic violence, dating violence, sexual assault, or
stalking, or criminal activity directly related to domestic violence,
dating violence, sexual assault, or stalking is involved or claimed to
be involved.
0
39. Revise Sec. 884.223(f) to read as follows:

Sec. 884.223 Leasing to eligible families.

* * * * *
(f) The regulations in 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking) apply to selection of tenants and occupancy requirements in
cases involving or allegedly involving incidents of, or criminal
activity related to, domestic violence, dating violence, sexual
assault, or stalking.

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

0
40. 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
41. In Sec. 886.102, a definition of ``covered housing provider'' is
added, in the alphabetical order, to read as follows:

Sec. 886.102 Definitions.

* * * * *
Covered housing provider. For the Section 8 Housing Assistance
Payments Programs--Special Allocations, subpart A of this part,
``covered housing provider,'' as such term is used in HUD's regulations
at 24 CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking) refers to the
PHA or owner, as applicable given the responsibilities of the covered
housing provider as set forth in 24 CFR part 5, subpart L. For example,
the PHA (not the owner) is the covered housing provider responsible for
providing the ``notice of occupancy rights under VAWA, and
certification form'' described at 24 CFR 5.2005(a). In addition, the
owner (not the PHA) is the covered housing provider that may choose to
bifurcate a lease as described at 24 CFR 5.2009(a), but the PHA (not
the owner) is the covered housing provider responsible for providing
the ``reasonable time to establish eligibility for assistance following
bifurcation of a lease'' described at 24 CFR 5.2009(b).
* * * * *
0
42. 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

[[Page 17577]]

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 involving, or allegedly
involving, domestic violence, dating violence, sexual assault, or
stalking, or criminal activity directly relating to such violence, the
provisions of 24 CFR part 5, subpart L (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking),
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
43. 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 (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking) applies to
selection of tenants and occupancy requirements in cases involving or
allegedly involving incidents of, or criminal activity related to,
domestic violence, dating violence, sexual assault, or stalking.
0
44. In Sec. 886.302, a definition of ``covered housing provider'' is
added, in the alphabetical order to read as follows:

Sec. 886.302 Definitions.

* * * * *
Covered housing provider. For the Section 8 Housing Assistance
Program for the Disposition of HUD-Owned Projects, under subpart C of
this part, ``covered housing provider,'' as such term is used in HUD's
regulations at 24 CFR part 5, subpart L (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking),
refers to the PHA or owner, as applicable given the responsibilities of
the covered housing provider as set forth in 24 CFR part 5, subpart L.
For example, the PHA (not the owner) is the covered housing provider
responsible for providing the ``notice of occupancy rights under VAWA,
and certification form'' described at 24 CFR 5.2005(a). In addition,
the owner (not the PHA) is the covered housing provider that may choose
to bifurcate a lease as described at 24 CFR 5.2009(a), but the PHA (not
the owner) is the covered housing provider responsible for providing
the ``reasonable time to establish eligibility for assistance following
bifurcation of a lease'' described at 24 CFR 5.2009(b).
* * * * *
0
45. 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 involving, or
allegedly involving, domestic violence, dating violence, sexual
assault, or stalking, or criminal activity directly relating to such
violence, the provisions of 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking) 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
46. Revise Sec. 886.329(f) to read as follows:

Sec. 886.329 Leasing to eligible families.

* * * * *
(f) The regulations of 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking) apply to selection of tenants and occupancy requirements in
cases involving, or allegedly involving, incidents of, or criminal
activity related to, domestic violence, dating violence, sexual
assault, or stalking.

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

0
47. 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
48. In Sec. 891.105 a definition of ``covered housing provider'' is
added, in the alphabetical order, to read as follows:

Sec. 891.105 Definitions.

* * * * *
Covered housing provider. For the Supportive Housing for the
Elderly and Persons with Disabilities Program, ``covered housing
provider,'' as such term is used in HUD's regulations at 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), refers to the PHA or owner (as
defined in Sec. 891.205 and Sec. 891.305), as applicable given the
responsibilities of the covered housing provider as set forth in 24 CFR
part 5, subpart L. For example, the PHA (not the owner) is the covered
housing provider responsible for providing the ``notice of occupancy
rights under VAWA, and certification form'' described at 24 CFR
5.2005(a). In addition, the owner (not the PHA) is the covered housing
provider that may choose to bifurcate a lease as described at 24 CFR
5.2009(a), but the PHA (not the owner) is the covered housing provider
responsible for providing the ``reasonable time to establish
eligibility for assistance following bifurcation of a lease'' described
at 24 CFR 5.2009(b).
* * * * *
0
49. Revise Sec. 891.575(f) to read as follows:

Sec. 891.575 Leasing to eligible families.

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
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, which governs selection of tenants and occupancy requirements.
For cases involving, or allegedly involving, domestic violence,

[[Page 17578]]

dating violence, sexual assault, stalking, or criminal activity
directly relating to such violence, the provisions of 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking) apply.
* * * * *
0
51. Revise Sec. 891.630(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 (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking), in
all cases where domestic violence, dating violence, sexual assault,
stalking, or criminal activity directly related to domestic violence,
dating violence, sexual assault, or stalking is involved or claimed to
be involved.

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

0
52. 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
53. In Sec. 960.102 a definition of ``covered housing provider'' is
added in alphabetical order to read as follows:

Sec. 960.102 Definitions.

* * * * *
Covered housing provider. For HUD's public housing program,
``covered housing provider,'' as such term is in used HUD's regulations
at 24 CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking), is the PHA.
* * * * *
0
54. In Sec. 960.103, revise the section heading and paragraph (d) to
read as follows:

Sec. 960.103 Equal opportunity requirements and protection for
victims of domestic violence, dating violence, sexual assault, or
stalking.

* * * * *
(d) Protection for victims of domestic violence, dating violence,
sexual assault, or stalking. The PHA must apply 24 CFR part 5, subpart
L (Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking) in all applicable cases involving, or allegedly
involving, incidents of, or criminal activity related to, domestic
violence, dating violence, sexual assault, or stalking.
0
55. In Sec. 960.200, revise paragraph (b)(8) to read as follows:

Sec. 960.200 Purpose.

* * * * *
(b) * * *
(8) Protection for victims of domestic violence, dating violence,
sexual assault, or stalking, 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking).
0
56. In Sec. 960.203, revise 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 (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking) protections for victims of
domestic violence, dating violence, sexual assault, or stalking.
* * * * *

PART 966--DWELLING LEASES, PROCEDURES, AND REQUIREMENTS

0
57. The authority citation for part 966 continues to read as follows:

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

0
58. In Sec. 966.4, revise paragraph (a)(1)(vi) and paragraph (e)(9) to
read as follows:

Sec. 966.4 Lease requirements.

* * * * *
(a) * * *
(1) * * *
(vi) HUD's regulations in 24 CFR part 5, subpart L (Protection for
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking) apply, if a current or future tenant or an affiliated
individual of a tenant is or becomes a victim of domestic violence,
dating violence, sexual assault, or stalking, as provided in 24 CFR
part 5, subpart L.
* * * * *
(e) * * *
(9) To consider lease bifurcation, as provided in 24 CFR 5.2009, in
circumstances involving domestic violence, dating violence, sexual
assault, or stalking addressed in 24 CFR part 5, subpart L (Protection
for Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking).
* * * * *

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

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

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

0
60. In Sec. 982.53, revise the section heading and paragraph (e) to
read as follows:

Sec. 982.53 Equal opportunity requirements and protection for victims
of domestic violence, dating violence, sexual assault, or stalking.

* * * * *
(e) Protection for victims of domestic violence, dating violence,
sexual assault, or stalking. The PHA must apply 24 CFR part 5, subpart
L (Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking) in all applicable cases involving incidents of,
or criminal activity related to, domestic violence, dating violence,
sexual assault, or stalking. The protections provided in 24 CFR part 5
apply to homeownership assistance provided under the homeownership
option in Sec. Sec. 982.625 through 982.643. For purposes of
compliance with HUD's regulations in 24 CFR part 5, subpart L, the
covered housing provider is the PHA or owner, as applicable given the
responsibilities of the covered housing provider as set forth in 24 CFR
part 5, subpart L. For example, the PHA (not the owner) is the covered
housing provider responsible for providing the ``Notice of occupancy
rights under VAWA, and certification form'' described at Sec.
5.2005(a). In addition, the owner (not the PHA) is the covered housing
provider that may choose to bifurcate a lease as described at Sec.
5.2009(a), but the PHA (not the owner) is the covered housing provider
responsible for providing the ``Reasonable time to establish
eligibility for assistance following bifurcation of a lease'' described
at Sec. 5.2009(b).
0
61. In Sec. 982.201, 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, sexual assault, or stalking, 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking) applies.
* * * * *
0
62. In Sec. 982.202, revise paragraph (d) to read as follows:

[[Page 17579]]

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, Sexual
Assault, or 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
63. In Sec. 982.307, revise paragraph (b)(4) to read as follows:

Sec. 982.307 Tenant screening.

* * * * *
(b) * * *
(4) In cases involving a victim of domestic violence, dating
violence, sexual assault, or stalking, 24 CFR part 5, subpart L
(Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking) applies.
0
64. In Sec. 982.310, revise paragraph (h)(4) to read as follows:

Sec. 982.310 Owner termination of tenancy.

* * * * *
(h) * * *
(4) Nondiscrimination limitation and protection for victims of
domestic violence, dating violence, sexual assault, or stalking. The
owner's termination of tenancy actions must be consistent with the fair
housing and equal opportunity provisions of 24 CFR 5.105, and with the
provisions for protection of victims of domestic violence, dating
violence, sexual assault, or stalking in 24 CFR part 5, subpart L
(Protection for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking).
0
65. In Sec. 982.314, revise paragraphs (b)(4) and (c)(2)(iii) to read
as follows:

Sec. 982.314 Move with continued tenant-based assistance.

* * * * *
(b) * * *
(4) The family or a member of the family, is or has been the victim
of domestic violence, dating violence, sexual assault, or stalking, as
provided in 24 CFR part 5, subpart L (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking), and
the move is needed to protect the health or safety of the family or
family member, or any family member who has been the victim of a sexual
assault that occurred on the premises during the 90-day period
preceding the family's request to move. A PHA may not terminate
assistance if the family, with or without prior notification to the
PHA, moves out of a unit in violation of the lease, if such move occurs
to protect the health or safety of a family member who is or has been
the victim of domestic violence, dating violence, sexual assault, or
stalking and who reasonably believed he or she was threatened with
imminent harm from further violence if he or she remained in the
dwelling unit. However, any family member that has been the victim of a
sexual assault that occurred on the premises during the 90-day period
preceding the family's move or request to move, is not required to
believe that he or she was threatened with imminent harm from further
violence if he or she remained in the dwelling unit.
(c) * * *
(2) * * *
(iii) The above policies do not apply when the family or a member
of the family is or has been the victim of domestic violence, dating
violence, sexual assault, or stalking, as provided in 24 CFR part 5,
subpart L, and the move is needed to protect the health or safety of
the family or family member, or any family member has been the victim
of a sexual assault that occurred on the premises during the 90-day
period preceding the family's request to move.
* * * * *
0
66. In Sec. 982.315, revise paragraphs (a)(2) and (b) to read as
follows:

Sec. 982.315 Family break-up.

(a) * * *
(2) If the family break-up results from an occurrence of domestic
violence, dating violence, sexual assault, or stalking as provided in
24 CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking), the PHA must ensure that
the victim retains assistance.
(b) The factors to be considered in making this decision under the
PHA policy may include:
(1) Whether the assistance should remain with family members
remaining in the original assisted unit.
(2) The interest of minor children or of ill, elderly, or disabled
family members.
(3) Whether family members are forced to leave the unit as a result
of actual or threatened domestic violence, dating violence, sexual
assault, or stalking.
(4) Whether any of the family members are receiving protection as
victims of domestic violence, dating violence, sexual assault, or
stalking, as provided in 24 CFR part 5, subpart L, and whether the
abuser is still in the household.
(5) Other factors specified by the PHA.
* * * * *
0
67. In Sec. 982.353, revise paragraph (b) and add paragraph (c)(4) to
read as follows:

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

* * * * *
(b) Portability: Assistance outside the initial PHA jurisdiction.
Subject to paragraph (c) of this section, and to Sec. 982.552 and
Sec. 982.553, a voucher-holder or participant family has the right to
receive tenant-based voucher assistance, in accordance with
requirements of this part, to lease a unit outside the initial PHA
jurisdiction, anywhere in the United States, in the jurisdiction of a
PHA with a tenant-based program under this part. 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 as
provided for in this subsection. 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, sexual
assault, or stalking and who reasonably believes him- or herself to be
threatened with imminent harm from further violence by remaining in the
dwelling unit (or any family member has been the victim of a sexual
assault that occurred on the premises during the 90-day period
preceding the family's move or request to move), and has otherwise
complied with all other obligations under the Section 8 program, the
family may receive a voucher from the initial PHA and move to another
jurisdiction under the Housing Choice Voucher Program.
(c) * * *
(4) Paragraph (c) of this section does not apply when the family or
a member of the family is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking, as provided in 24 CFR
part 5, subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), and the move is needed to
protect the health or safety of the family or family member, or any
family member who has been the victim of a sexual assault that occurred
on the premises during the 90-day period preceding the family's request
to move.
* * * * *

[[Page 17580]]

0
68. In Sec. 982.452, revise the second sentence of paragraph (b)(1) to
read as follows:

Sec. 982.452 Owner responsibilities.

* * * * *
(b) * * *
(1) * * * The fact that an applicant is or has been a victim of
domestic violence, dating violence, sexual assault, or stalking is not
an appropriate basis for denial of tenancy if the applicant otherwise
qualifies for tenancy.
* * * * *
0
69. In Sec. 982.551, revise paragraphs (e) and (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(c), an incident or
incidents of actual or threatened domestic violence, dating violence,
sexual assault, 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, sexual assault, 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)(2), criminal activity directly related to domestic
violence, dating violence, sexual assault, 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 an
affiliated individual of the tenant, as defined in 24 CFR 5.2003, is
the victim.
* * * * *
0
70. In Sec. 982.552, revise paragraph (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, dating violence, sexual assault, or stalking. The
PHA's admission and termination actions must be consistent with fair
housing and equal opportunity provisions of 24 CFR 5.105, and with the
requirements of 24 CFR part 5, subpart L (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking).
* * * * *
0
71. In Sec. 982.553, revise 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, sexual assault, or stalking, the victim protections of
24 CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking) apply.
0
72. In Sec. 982.637, revise paragraphs (a)(2) and (a)(3) to read as
follows:

Sec. 982.637 Homeownership option: Move with continued tenant-based
assistance.

(a) * * *
(2) The PHA may not commence continued tenant-based assistance for
occupancy of the new unit so long as any family member owns any title
or other interest in the prior home. However, when the family or a
member of the family is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking, as provided in 24 CFR
part 5, subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), and the move is needed to
protect the health or safety of the family or family member (or any
family member has been the victim of a sexual assault that occurred on
the premises during the 90-day period preceding the family's request to
move), such family or family member may be assisted with continued
tenant-based assistance even if such family or family member owns any
title or other interest in the prior home.
(3) The PHA may establish policies that prohibit more than one move
by the family during any 1 year period. However, these policies do not
apply when the family or a member of the family is or has been the
victim of domestic violence, dating violence, sexual assault, or
stalking, as provided in 24 CFR part 5, subpart L, and the move is
needed to protect the health or safety of the family or family member,
or any family member has been the victim of a sexual assault that
occurred on the premises during the 90-day period preceding the
family's request to move.
* * * * *

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

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

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

0
74. In Sec. 983.3(b), add the definition of ``covered housing
provider,'' in the alphabetical order, as follows:

Sec. 983.3 PBV definitions.

* * * * *
(b) * * *
Covered housing provider. For Project-Based Voucher (PBV) program,
``covered housing provider,'' as such term is used in HUD's regulations
in 24 CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking) refers to the
PHA or owner (as defined in Sec. 891.205 and Sec. 891.305), as
applicable given the responsibilities of the covered housing provider
as set forth in 24 CFR part 5, subpart L. For example, the PHA (not the
owner) is the covered housing provider responsible for providing the
``notice of occupancy rights under VAWA, and certification form''
described at 24 CFR 5.2005(a). In addition, the owner (not the PHA) is
the covered housing provider that may choose to bifurcate a lease as
described at 24 CFR 5.2009(a), but the PHA (not the owner) is the
covered housing provider responsible for providing the ``reasonable
time to establish eligibility for assistance following bifurcation of a
lease'' described at 24 CFR 5.2009(b).
* * * * *
0
75. In Sec. 983.4, revise ``Protections for victims of domestic
violence, dating violence or stalking'' to read as follows:

Sec. 983.4 Cross-reference to other Federal requirements.

* * * * *
Protection for victims of domestic violence, dating violence,
sexual assault, or stalking. See 24 CFR part 5, subpart L (Protection
for Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking). For purposes of compliance with HUD's regulations in 24 CFR
part 5, subpart L, the covered housing provider is the PHA or owner, as
applicable given the responsibilities of the covered housing provider
as set forth in 24 CFR part 5, subpart L.
* * * * *
0
76. In Sec. 983.251, revise 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, sexual assault, or stalking in 24 CFR

[[Page 17581]]

part 5, subpart L, apply to admission to the project-based program.
* * * * *
0
77. In Sec. 983.255, revise paragraph (d) to read as follows:

Sec. 983.255 Tenant screening.

* * * * *
(d) The protections for victims of domestic violence, dating
violence, sexual assault, or stalking in 24 CFR part 5, subpart L,
apply to tenant screening.
0
78. In Sec. 983.257, revise the last sentence of paragraph (a) to read
as follows:

Sec. 983.257 Owner termination of tenancy and eviction.

(a) * * * 24 CFR part 5, subpart L (Protection for Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking)
applies to this part.
* * * * *

Dated: March 3, 2015.
Juli[aacute]n Castro,
Secretary.

Appendix A

[Insert Name of Housing Provider or Responsible Entity \16\]
---------------------------------------------------------------------------

\16\ The notice uses HP for housing provider but the housing
provider or other responsible entity should insert name where HP is
used. HUD's program-specific regulations identify the individual or
entity responsible for providing the notice of occupancy rights.
---------------------------------------------------------------------------

Notice of Occupancy Rights Under the Violence Against Women Act \17\
---------------------------------------------------------------------------

\17\ Despite the name of this law, VAWA protection is available
to all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, sexual
orientation, disability, or age.
---------------------------------------------------------------------------

To All Tenants and Prospective Tenants

The Violence Against Women Act (VAWA) provides protections for
victims of domestic violence, dating violence, sexual assault, or
stalking, regardless of sex, gender identity, sexual orientation, or
age. The U.S. Department of Housing and Urban Development (HUD) is
the Federal agency that oversees that [insert name of program or
rental assistance] is in compliance with VAWA. This notice explains
your rights under VAWA. Attached to this notice is a copy of HUD's
VAWA regulations. Also attached is a HUD-approved certification form
for documenting an incident of domestic violence, dating violence,
sexual assault, or stalking for a tenant who seeks the protections
of VAWA as provided in this notice of occupancy rights and in HUD's
regulations.

Protections for Prospective Tenants

If you are eligible for rental assistance under [insert name of
program or rental assistance], you may not be denied admission or
denied assistance on the basis that you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking, if
you otherwise qualify for admission, assistance, participation, or
occupancy.

Protections for Victims as Tenants

If you are receiving rental assistance under [insert name of
program or rental assistance], you may not be denied rental
assistance, terminated from participation, or be evicted from your
rental housing on the basis that you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking, if
you otherwise qualify for admission, participation, or occupancy.
Also, if a tenant or an affiliated individual of the tenant is
or has been the victim of domestic violence, dating violence, sexual
assault, or stalking by a member of the tenant's household or any
guest, rental assistance under [insert name of program or rental
assistance] may not be restricted solely on the basis of criminal
activity directly relating to domestic violence, dating violence,
sexual assault, or stalking engaged in by the member of the tenant's
household or any guest.
Affiliated individual means a spouse, parent, brother, sister,
or child of that individual, or a person to whom that individual
stands in the place of a parent (for example, the affiliated
individual is in the care, custody, or control of that individual);
or any individual, tenant, or lawful occupant living in the
household of that individual.

Removing the Abuser From the Household

HP may divide your lease in order to evict the individual or
terminate the rental assistance of the individual who has engaged in
criminal activity (the abuser) directly relating to domestic
violence, dating violence, sexual assault, or stalking.
If HP chooses to remove the abuser, HP may not take away the
rights of eligible tenants to the unit or otherwise punish the
remaining tenants. If the tenant evicted was the sole tenant to have
established eligibility for rental assistance under the program, HP
must allow the tenant who is or has been a victim and other
household members to remain in the unit for a period of time, in
order to establish eligibility under the program or find alternative
housing.
In removing the abuser from the household, HP must follow
Federal, State, and local eviction procedures. In order to divide a
lease, HP may ask you to provide proof of incidences of domestic
violence, dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request, HP may permit you to move to another unit,
subject to the availability of other units, and still keep your
rental assistance. In order to approve a request, HP may ask you to
provide proof that you are requesting to move because of incidences
of domestic violence, dating violence, sexual assault, or stalking.
If the request is a request for emergency transfer, the request must
be in made in accordance with HP's emergency transfer plan.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating
Violence, Sexual Assault or Stalking

HP can ask you to provide documentation to ``certify'' that you
are or have been a victim of domestic violence, dating violence,
sexual assault, or stalking. Such request from HP must be in
writing, and HP must give you at least 14 business days (Saturdays,
Sundays, and Federal holidays do not count) to provide the
documentation. HP may extend the deadline for the submission of
proof upon your request.
You can provide one of the following to HP as documentation:
A complete HUD-approved certification form given to you
by HP with this notice, that documents an incident of domestic
violence, dating violence, sexual assault, or stalking. The form
will ask for your name, the date, time, and location of the incident
of domestic violence, and a description of the incident. The
certification form provides for including the name of the abuser if
the name of the abuser is known and is safe to provide.
A record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative agency that
documents the abuse.
A statement, which you must sign, along with the
signature of an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional or a mental health
professional (collectively, ``professional'') from whom you sought
assistance in addressing domestic violence, dating violence, sexual
assault, or stalking, or the effects of abuse, and with the
professional selected by you attesting under penalty of perjury that
he or she believes that the incident or incidents of domestic
violence, dating violence, sexual assault, or stalking are grounds
for protection.
Any other statement or evidence that HP has agreed to
accept.
If you fail or refuse to provide one of these documents within
the 14 business days, HP does not have to provide you with the
protections contained in this notice.
If HP receives conflicting evidence that an incident of domestic
violence, dating violence, sexual assault, or stalking has been
committed (such as certification forms from two or more members of a
household each claiming to be a victim and naming one or more of the
other petitioning household members as the abuser), HP has the right
to request that you provide third-party documentation in order to
resolve the conflict.
If you fail or refuse to provide third-party documentation, HP
does not have to provide you with the protections contained in this
notice.

Confidentiality

HP must keep confidential any information you provide related to
the exercise of your rights under VAWA, including the fact that you
are exercising your rights under VAWA.
HP must not allow any individual administering rental assistance
or other services on behalf of HP (for example, employees and
contractors) to have access to confidential information unless for
reasons that specifically call for these individuals to have access
to this information under applicable Federal, State, or local law.
HP must not enter your information into any shared database or
disclose your information to any other entity or individual.

[[Page 17582]]

HP, however, may disclose the information provided if:
You give written permission to HP to release the
information.
HP needs to use the information in an eviction or
termination proceeding, such as to evict your abuser or terminate
your abuser from rental assistance under this program.
A law requires HP or your landlord to release the
information.
VAWA does not limit HP's duty to honor court orders about access
to or control of the property. This includes orders issued to
protect a victim and orders dividing property among household
members in cases where a family breaks up.

Reasons a Tenant Eligible for Occupancy Rights Under VAWA May Be
Evicted or Rental Assistance May Be Terminated

You can be evicted and your rental assistance can be terminated
for serious or repeated lease violations that are not related to
domestic violence, dating violence, sexual assault, or stalking
committed against you. However, HP cannot hold you, as a tenant
eligible for occupancy rights under VAWA (one who is or has been a
victim), to a more demanding set of rules than it applies to tenants
who are not eligible for tenancy rights under VAWA.

Other Domestic Violence Laws

VAWA does not replace any Federal, State, or local law that
provides greater protection for victims of domestic violence, dating
violence, sexual assault, or stalking.

For Additional Information

For questions regarding VAWA, please contact [insert contact
information]. For help and advice on escaping an abusive
relationship, call the National Domestic Violence Hotline at 1-800-
799-7233 or, for persons with hearing impairments, 1-800-787-3224
(TTY).

Attachment 1: HUD VAWA Regulations
Attachment 2: Certification form HUD-XXXXX [form approved for this
program to be included]

Appendix B

[Insert name of housing provider or responsible entity]

Model Emergency Transfer Plan for Victims of Domestic Violence

Emergency Transfers

[Insert name of housing provider or responsible entity (acronym
HP for purposes of this model plan)] is concerned about the safety
of its tenants, and such concern extends to tenants who are victims
of domestic violence, dating violence, sexual assault, or stalking.
In accordance with the Violence Against Women Act (VAWA),\18\ HP
allows tenants who are victims of domestic violence, dating
violence, sexual assault, or stalking to request an emergency
transfer from the tenant's current unit to another unit. The ability
of HP to honor such request for tenants currently receiving rental
assistance, however, may depend upon a preliminary determination
that the tenant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking, and on whether HP has another
dwelling unit that is available and is safe to offer the tenant for
temporary or more permanent occupancy.\19\
---------------------------------------------------------------------------

\18\ Despite the name of this law, VAWA protection is available
to all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, sexual
orientation, disability, or age.
\19\ See specific solicitation of comment 4 in the preamble to
the rule regarding whether documentation of the occurrence of
domestic violence, dating violence, sexual assault, or stalking
should be imposed.
---------------------------------------------------------------------------

This plan identifies tenants who are eligible for an emergency
transfer, the documentation needed to request an emergency transfer,
confidentiality protections, how an emergency transfer may occur,
and guidance to tenants on safety and security. This plan is based
on a model emergency transfer plan published by the U.S. Department
of Housing and Urban Development (HUD), the Federal agency that
oversees that [insert name of program or rental assistance here] is
in compliance with VAWA.

Eligibility for Emergency Transfers

A tenant who is a victim of domestic violence, dating violence,
sexual assault, or stalking, as provided in HUD's regulations at 24
CFR part 5, subpart L (a copy of which is attached), is eligible for
an emergency transfer, if:
The tenant reasonably believes that there is a threat
of imminent harm from further violence if the tenant remains within
the same unit;
The tenant is a victim of a sexual assault, and the
sexual assault occurred on the premises within the 90-day period
preceding a request for an emergency transfer.
A tenant requesting an emergency transfer must expressly request
the transfer in accordance with the procedures described in this
plan.

Emergency Transfer Request Documentation

To request an emergency transfer, the tenant shall notify HP's
management office and submit a written request for a transfer to [HP
to insert location]. The tenant's written request for an emergency
transfer should include either:
1. A statement expressing why the tenant reasonably believes
that there is a threat of imminent harm from further violence if the
tenant were to remain in the same dwelling unit assisted under HP's
program.
2. A statement that the tenant was a sexual assault victim and
that the sexual assault occurred on the premises during the 90-day
period preceding the tenant's request for an emergency transfer.
HP may request additional documentation from a tenant in
accordance with the documentation policies of HUD's regulations at
24 CFR part 5, subpart L.

Confidentiality

HP will keep confidential any information that the tenant
submits in requesting an emergency transfer, and information about
the emergency transfer, unless the tenant gives HP written
permission to release the information, or disclosure of the
information is required by law or in the course of an eviction or
termination proceeding. This includes keeping confidential the new
location of the dwelling unit of the tenant, if one is provided,
from the person(s) that committed an act(s) of domestic violence,
dating violence, sexual assault, or stalking against the tenant.

Emergency Transfer Timing and Availability

HP cannot guarantee that a transfer request will be approved or
how long it will take to process a transfer request. HP will,
however, act as quickly as possible to move a tenant who is a victim
of domestic violence, dating violence, sexual assault, or stalking
to another unit, subject to availability and safety of a unit. If a
unit is available, the transferred tenant must agree to abide by the
terms and conditions that govern occupancy in the unit to which the
tenant has been transferred.

Safety and Security of Tenants

Pending processing of the transfer and the actual transfer, if
it is approved and occurs, the tenant is urged to take all
reasonable precautions to be safe. The tenant is encouraged to
contact the National Domestic Violence Hotline at 1-800-799-7233, or
a local domestic violence shelter, for assistance in creating a
safety plan. For persons with hearing impairments, that hotline can
be accessed by calling 1-800-787-3224 (TTY).

Attachment 1: Copy of HUD's VAWA regulations.
Attachment 2: Local organizations offering assistance to victims of
domestic violence.

[[Page 17583]]

Appendix C

CERTIFICATION OF DOMESTIC U.S. Department of OMB Approval No.
Housing XXXX-XXX
VIOLENCE, DATING VIOLENCE, and Urban Exp. XX/XX/2XXXX
Development
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION

Purpose of Form: The Violence Against Women Act (``VAWA'') provides
protections for applicants and tenants (or program participants, which
is the term used under some covered housing programs) who are or have
been victims of domestic violence, dating violence, sexual assault, or
stalking (collectively ``domestic violence''). VAWA protects applicants
and tenants (or program participants) from being evicted, denied
housing assistance, or terminated from housing assistance based on acts
of domestic violence against them. Despite the name of this law, VAWA
protection is available to all victims of domestic violence, dating
violence, sexual assault, and stalking, regardless of sex, gender
identity, sexual orientation, disability, or age.
If you are an applicant or tenant (or program participant) and a victim
of domestic violence, the information requested below is one type of
documentation that you may be asked to complete by the ``responsible
entity,'' as indicated on the Notice of Occupancy Rights distributed to
you.
Use of This Optional Form: If you are or have been a victim of domestic
violence, you or someone on your behalf may complete and submit this
information to a responsible entity for use in determining eligibility
for protections under VAWA.
Alternate Documentation: Instead of this form (or in addition to this
form), only upon request by the responsible entity, the applicant or
tenant may be asked to submit the following:

(1) A document signed by an employee, agent, or volunteer of a
victim service provider, an attorney, or medical professional, or a
mental health professional (collectively, ``professional'') from
whom the victim has sought assistance relating to domestic
violence, dating violence, sexual assault, or stalking, or the
effects of abuse;
(2) A document signed by the applicant or tenant who states under
penalty of perjury that the professional believes in the occurrence
of the incident of domestic violence, dating violence, sexual
assault, or stalking that is the ground for protection and remedies
under VAWA;
(3) A record of a Federal, State, tribal, territorial or local law
enforcement agency, court, or administrative agency; or
(4) At the discretion of the responsible entity, a statement or
other evidence provided by the applicant or tenant.

Submission of Documentation: The time period to submit documentation is
14 business days from the date that the responsible entity submits a
written request to the applicant or tenant (or program participant) to
provide documentation of the occurrence of domestic violence. The
responsible entity may extend the time period to submit the
documentation, if the applicant or tenant (or program participant)
requests an extension of the time period. If the requested information,
whether on this form, or an alternative form, is not received by the
14th business day or any extension of the date provided by responsible
entity, none of the VAWA protections have to be provided to the tenant
or applicant. Distribution or issuance of this form does not serve as a
written request for certification.

Public Reporting Burden: The public reporting burden for this collection
of information is estimated to average 1 hour per response. This
includes the time for collecting, reviewing, and reporting the data.
The information provided is to be used by the responsible entity to
request certification that the applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or stalking. The
information is subject to the confidentiality requirements of VAWA.
This agency may not collect this information, and you are not required
to complete this form, unless it displays a currently valid Office of
Management and Budget control number.

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

1. Date the written request is received by victim:

------------------------------------------------------------------------
2. Name of victim:

------------------------------------------------------------------------
3. Your name (if different from victim's):

------------------------------------------------------------------------
4. Name(s) of other family member(s) listed on the lease:

------------------------------------------------------------------------
5. Residence of victim:

------------------------------------------------------------------------
6. Name of the accused perpetrator (if known and can be safely
disclosed):

------------------------------------------------------------------------
7. Relationship of the accused perpetrator to the victim:

------------------------------------------------------------------------
8. Date(s) of incident(s):

------------------------------------------------------------------------
9. Time of incident(s):

------------------------------------------------------------------------
10. Location of incident(s):

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

[[Page 17584]]

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

-------------------------------------------------------------------------
In your own words, briefly describe the incident(s):

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

This is to certify that the information provided on this form is true
and correct and that the individual named above in Item 2 is or has
been a victim of domestic violence, dating violence, sexual assault, or
stalking. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of
admission, termination of assistance, or eviction.

Signature
__________________________________________________________________Signe
d on (Date) _____________________________________

Confidentiality: All information provided to the responsible entity
concerning the incident(s) of domestic violence, dating violence,
sexual assault, or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of the
responsible entity are not to have access to these details unless to
provide or deny VAWA protections to the applicant or tenant, and such
employees may not disclose this information to any other entity or
individual, except to the extent that disclosure is: (i) consented to
by the victim in writing; (ii) required for use in an eviction
proceeding or hearing regarding termination of assistance; or (iii)
otherwise required by applicable law.

[FR Doc. 2015-06781 Filed 3-31-15; 8:45 am]
BILLING CODE 4210-67-P