Transcript Abc - Community development

Violence Against Women Act of 2005:
Impact on Federal Housing
April 11, 2006
Naomi Stern
National Law Center on Homelessness & Poverty
[email protected]
(202) 638-2535
History
Violence Against Women Act of 2005 (VAWA)
reauthorization included new housing provisions
Effective January 5, 2006
Became Public Law 109-162
Language has been codified in statute
How did VAWA 2005 affect federal housing?
New findings and purposes
New pilot program for public and assisted housing
New pilot program for collaboration in housing
New requirements in Public Housing and Section 8
New local planning requirements
Changes in victim transitional housing program
Changes in HMIS
Findings and purposes
Findings
– Link between homelessness and domestic violence
– Evictions and housing denials of domestic violence
victims occurring because of violence against them
– Lack of emergency shelter and affordable housing
– Financial abuse as part of power and control dynamic
Purposes
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Reduce domestic violence and prevent homelessness
Protect victim safety in federal housing and shelter
Build collaboration
Enable housing providers to respond to domestic
violence while maintaining safety for all residents
New pilot grant program for public
and assisted housing agencies
Grantees attest to best practices, including nondiscrimination and collaboration in planning, to
address admissions and occupancy policies
Eligible entities include PHAs, tribally designated
housing entities, most HUD-assisted providers
To be administered by Office on Violence Against
Women, USDOJ, consulting with HUD and HHS
Authorized at $10 million annually
Subject to annual appropriations
New pilot program for collaboration
in developing long-term housing
Funds collaborative local efforts to create long term
housing stability for victims who are homeless or at
risk of becoming homeless
Eligible entities include local housing, homeless,
and victim service providers
To be administered by HHS; authorized at $10
million annually; subject to annual appropriations
Amendments to Public Housing
and Section 8: Denial Prohibited
An individual’s status as a victim of domestic
violence, dating violence, or stalking is not an
appropriate basis for denial of admission or
denial of housing assistance.
See 42 U.S.C. §§ 1437d(c)(3); 1437f(c)(9)(A);
1437f(d)(1)(A); 1437f(o)(B) (2006).
Amendments (cont’d):
Eviction and Termination Prohibited
Establishes an exception to the federal “one-strike”
criminal activity eviction rule for tenants who are victims.
An incident of actual or threatened domestic violence,
dating violence, or stalking does not qualify as serious or
repeated violation of lease or good cause for terminating
assistance, tenancy, or occupancy rights of the victim.
Criminal activity directly relating to domestic violence,
dating violence, or stalking does not constitute grounds
for termination of a tenancy.
See 42 U.S.C. §§ 1437d(l)(5), (6); 1437f(c)(9)(B), (C);
1437f(d)(1)(B), (C); 1437f(o)(7)(C), (D);
1437f(o)(20)(A), (B) (2006).
Additional clarifications apply.
Documentation
PHA or Section 8 landlord may ask for
documentation that tenant is or has been a victim,
but not required to; may accept victim statement
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Victim statement
Police or court record
Statement signed by certain professionals
Or, HUD-approved certification form
PHAs and Section 8 landlords should honor civil
protection orders and other orders from domestic
violence and family court judges that address
rights of access to or control of the property
Confidentiality
If victim provides documentation, PHA or Section 8
landlord must keep the information confidential,
including the individual’s status as a victim.
PHA or Section 8 landlord may not enter the
information into any shared database or provide it
to any related entity.
A change for Section 8 voucher program
Additional disclosure clarifications apply.
See 42 U.S.C. §§ 1437d(u)(2)(A); 1437f(ee)(2)(A).
Housing Choice Voucher Portability
Family with a voucher may move to another
jurisdiction if family has complied with all other
obligations of the program and is moving to
protect health or safety of an individual who is or
has been the victim of domestic violence, dating
violence, or stalking – even if moving otherwise
would be lease violation. 42 U.S.C. § 1437f(r)(5).
PHA may ask for documentation from the family
regarding the family’s desire to move to a new
jurisdiction. 42 U.S.C. § 1437f(ee).
Notice requirements
PHAs must inform tenants of new tenant rights
New information also must be included in
– Leases
– Housing assistance payment contracts
– Project-based Section 8 contracts
See 42 U.S.C. §§ 1437d(l)(5), (6);
1437d(u)(2)(B); 1437f(c), (d); 1437f(o)(7)(C),
(o)(7)(D), (o)(20); 1437f(ee)(2)(B) (2006).
New planning requirements
Local housing plans must include housing needs
of child and adult victims of domestic violence,
dating violence, sexual assault, and stalking
Required for PHA five-year plan, PHA annual
plan, and local HUD consolidated plan
See 42 U.S.C. §§ 1437c–1(a)(2); 1437c–1(d)(13);
12705(b)(1) (2006).
New requirements in HMIS,
transitional housing for victims
HUD required to instruct grantees under
McKinney-Vento Homeless Assistance Act not to
enter personally-identifying information into any
shared databases, such as Homeless
Management Information System (HMIS).
Clarifies requirements in existing transitional
housing program for victims (in OVW), to ensure
voluntary participation in supportive services and
permit operating expenses as use of funds
Definitions in VAWA Housing Provisions
New law follows the federal definitions of domestic
violence, dating violence, sexual assault, and
stalking as the terms have been defined in VAWA.
Domestic violence, 42 U.S.C § 13925(a)(6)
Dating violence, 42 U.S.C § 13925(a)(8)
Sexual assault, 42 U.S.C. § 13925(a)(23)
Stalking, 42 U.S.C. §§ 1437d(u)(3)(C); 1437f(f)(10)
Recap: Housing Programs Affected
Programs affected by major amendments
– Public Housing Program
– Housing Choice Voucher Program
– Project-Based Section 8
Grant program for public and assisted agencies
Other programs are subject to existing rules that
may provide certain protections for victims.
All federal housing is subject to the prohibition on
sex discrimination in the Fair Housing Act.
Interaction with state laws
Where state or federal law is more favorable to
victim than VAWA, more favorable law governs.
See 42 U.S.C. §§ 1437d(c)(3); 1437d(l)(6)(F);
1437d(u)(1)(E); 1437f(c)(9)(C)(vi);
1437f(d)(1)(B)(VI); 1437f(o)(6)(B), (7)(D)(6),
(20)(D)(v); 1437f(ee)(1)(F) (2006).
See NLCHP http://www.nlchp.org
for state law information
State law issues in housing and
domestic violence
Emerging state law issues:
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Prohibiting housing discrimination against abuse victims
Early lease termination by battered tenant
Eviction defenses for victims in housing court
Calling police explicitly allowed
Lock changes by victim with documentation
All jurisdictions have civil protection order laws as a
family law remedy to prevent individual domestic violence
from continuing
Many state civil protection order laws explicitly address
housing in certain situations
Additional resources
NLCHP, http://www.nlchp.org
Statutes
– 42 U.S.C. § 14043e et seq. (2006) (VAWA Housing findings;
purposes; definitions; new pilot grant programs)
– 42 U.S.C. § 1437f (2006) (changes to Section 8 programs)
– 42 U.S.C. § 1437d (2006) (changes to Public Housing program)
– 42 U.S.C. § 1437c-1 (2006) (changes to PHA plans)
– 42 U.S.C. § 12705(b)(1) (2006) (changes to consolidated plan)
– 42 U.S.C. § 13975 (2006) (changes to DV transitional housing)
– 42 U.S.C. § 11383(a)(8) (2006) (changes to HMIS)
HUD Public Housing Occupancy Guidebook, Ch. 19 (2003)