In the October 27, 2010 Federal Register, HUD published the final rule implementing the Violence Against Women Act (VAWA).
The final rule clarifies and expands on previous guidance regarding owner and manager responsibilities for implementation of the rule. Among the critical clarifications:
Owners/agents must do all they can to keep domestic violence victims in their homes. This includes transferring victims to different units, banning the abuser from the property, calling the police when abusers are spotted at the property, and seeking legal assistance in preventing abusers from carrying out threats.
The rule also makes clear that victims must provide evidence of abuse in order for the law to apply. Evidence may be in the form of a police or court record, written statement of a medical professional or other witness to the threats or violence, or the victim’s own written statement on a HUD-approved certification form.
Due to the complex nature of this rule, HUD has indicated that further guidance on implementation is forthcoming. Until that happens, owners and agents should become familiar with the final rule and its requirements. A copy of the rule may be obtained at http://edocket.access.gpo.gov/2010/pdf/2010-26914.pdf.