Table of Content
To that end, DePaul prohibits discrimination based on sex in the university’s educational programs and activities, including in matters of employment and admissions. Any alleged violations of this policy or questions specific to sex discrimination should be directed to DePaul’s Title IX Coordinator/Director of Gender Equity. Visit DePaul’s Title IX website for contact information and to learn about more options for reporting allegations of sex or gender-based discrimination, harassment or violence. 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. The requirements of this section shall apply to the owner of the HTF-assisted rental housing for the duration of the affordability period. Documenting the occurrence of domestic violence, dating violence, sexual assault, or stalking.
California voters have now received their mail ballots, and the November 8 general election has entered its final stage. Amid rising prices and economic uncertainty—as well as deep partisan divisions over social and political issues—Californians are processing a great deal of information to help them choose state constitutional officers and state legislators and to make policy decisions about state propositions. The 2022 midterm election also features a closely divided Congress, with the likelihood that a few races in California may determine which party controls the US House. We seek to ensure that all of the data presented on the site regarding new homes and new home communities is current and accurate. It is your responsibility to independently verify the information on the site.
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The commenter also said the lease should require that the unit must not be substandard housing. This rule does not adopt a policy that, after evicting an abuser, a housing provider has the right to reject any future application where that abuser is part of this household, as this may be prohibited by State, local, and Federal laws, as well as HUD program requirements, and is outside the scope of this rulemaking. Housing providers who have LEP applicants and tenants who do not read a language that HUD has translated the form and notice into may have to provide those applicants and tenants with a notice and form translated into languages they do understand, in accordance with HUD's LEP guidance. A commenter said that an informal poll of its PHA members finds that unit transfers cost between $500 and $5500, depending on the amount of work that needs to be undertaken upon turnover. The commenter explained that an estimate of $3000-$4000 would include painting, carpet or tile replacement, cleaning costs, lock changes, possible appliance replacement or repair, and shade replacement, and an additional $500 should be added for each additional bedroom.
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. Commenters said housing providers should work with victims to determine if they are eligible for a HUD program, and HUD should continue to provide housing assistance to tenants who are trying to establish eligibility for a program or find new housing. Commenters said that at the end of the eligibility period, owners or agents should prepare a recertification showing any changes in household composition or HUD assistance and, if the victim is not eligible for assistance, the termination of subsidy or tenancy should not be effective until the last day of the month following a 30-day notice period.
CFR Part 574
Other commenters said they do not believe that “small entity” housing providers should automatically be excused of any emergency transfer obligation and should, at a minimum be required to examine whether there are safe and available transfer options in their portfolios that could be offered to survivors. The statute also requires that HUD, or other appropriate housing agency covered under the law, approve the certification form. In order to avoid inconsistent requirements, HUD declines to allow housing providers to use their own certification forms in lieu of HUD's form. Under VAWA 2013 and this final rule, however, housing providers may allow victims of domestic violence, dating violence, sexual assault, or stalking to use a certification form that the housing provider has created, as long as it is clear that victims do not need to use that form and can use the HUD form instead .
Part 247 of this title 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. The provisions of 24 CFR part 5, subpart E, concerning certain assistance for mixed families in lieu of termination of assistance, and concerning deferral of termination of assistance, also shall apply.
Safety and Security of Tenants
It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. Preference for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA should consider whether to adopt a local preference for admission of families that include victims of domestic violence, dating violence, sexual assault, or stalking. 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 , refers to the owner.
After a cell phone user was reached, the interviewer verified that this person was age 18 or older, a resident of California, and in a safe place to continue the survey (e.g., not driving). Cell phone respondents were offered a small reimbursement to help defray the cost of the call. Cell phone interviews were conducted with adults who have cell phone service only and with those who have both cell phone and landline service in the household.
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Specifically, this rule amends HUD's generally applicable regulations, HUD's regulations for the public housing and Section 8 programs that already pertain to VAWA, and the regulations of programs newly covered by VAWA 2013. 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 , refers to the HFA 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 is the covered housing provider responsible for providing the notice of occupancy rights under VAWA and certification form described at 24 CFR 5.2005, though the PHA may provide this notice and form to owners, and charge owners with distributing the notice and form to tenants. In addition, the owner is the covered housing provider that may choose to bifurcate a lease as described at 24 CFR 5.2009, while both the PHA and owner are both responsible for ensuring that an emergency transfer plan is in place in accordance with 24 CFR 5.2005, and the owner is responsible for implementing the emergency transfer plan when an emergency occurs. Each year, the covered housing provider must submit to HUD data on all emergency transfers requested under 24 CFR 5.2005, pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests.
Plans, inventory pricing, financing, terms, availability and specifications subject to change without notice and may vary by neighborhood, homesite location and home series. Current time frames before closing may be longer than originally anticipated. Photos show upgraded landscaping and may not represent standing inventory as listed.
In order to facilitate emergency transfers for victims of domestic violence, dating violence, sexual assault, or stalking, covered housing providers have discretion to adopt and modify any existing admission preferences or transfer waitlist priorities for victims of domestic violence, dating violence, sexual assault, or stalking. Efforts to promote housing stability for victims of domestic violence, dating violence, sexual assault, or stalking. The notice explains that housing providers should only evict tenants or terminate assistance when they cannot take other actions to reduce or eliminate the threat. Further, the revised notice is addressed to tenants and applicants, rather than tenants and prospective tenants. The revised notice also explains the criteria for requesting an emergency transfer, but it does not provide further information on emergency transfers, which vary across housing programs and providers, and instead notifies tenants that their housing provider has an emergency transfer plan that contains more information, and tenants have a right to see the plan. First, third-party documentation of a VAWA-protected incident would not necessarily help a housing provider determine whether a victim reasonably believes that the victim is in imminent harm from further violence without a transfer.
A commenter stated that the emergency transfer plan already requires the tenant to submit a written request for a transfer, and documentation beyond this requirement may be difficult to access and is vulnerable to being obtained or destroyed by the perpetrator. Commenters said that gathering the requested documentation, particularly when violence is imminent, can unduly delay the transfer process and further endanger the victim. A commenter stated that HUD's final rule's definitions of domestic violence, dating violence, sexual assault or stalking must be sufficiently clear so as not to cause survivors to be punished for ancillary crimes as a result of the abuse they have suffered or cause survivors to be blamed for the abuse. Commenters said some survivors have been evicted because they “invited” the perpetrator into the home and subsequently received an eviction notice under Crime Free Drug Free policies or a Crime Free Lease Addendum.
Assault must have occurred within 90 days of the emergency transfer request, and that it must have occurred on the premises in order for the victim to be provided an emergency transfer. A commenter said HUD's model emergency transfer plan appears to outline stricter guidelines for victims of sexual assault to access protections as compared to victims of domestic violence, dating violence and stalking. A commenter stated that victims of sexual violence may experience delayed or long-lasting reactions to the trauma and there are many reasons why victims may not report the sexual assault immediately. Allow the housing provider to determine when and what type of documentation may be needed for emergency transfers. Commenters said that HUD should allow housing providers to determine whether documentation is necessary for emergency transfers and what documentation may be necessary.
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. In addition to the costs related to these documents, which HUD submits is not significant given HUD's role in creating the documents, there may 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 and available unit can be realized in most situations in which such a request is made, and the costs a housing provider may face as a result.
Where applicable, the emergency transfer plan must describe policies for a tenant who has tenant-based rental assistance and who meets the requirements of paragraph of this section to move quickly with that assistance. Executive Order (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This rule does not have federalism implications and does 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.
