On February 10, 2014, the Rural Development Service issued Administrative Notice (AN) No. 4747 (1944-N), titled “Implementation of 42 U.S.C. 14043-e 11 of the Violence Against Women (VAWA) Reauthorization Act in Rural Development’s Multi-Family Housing Programs.” The AN provides guidance on how RD multi-family programs, including the Section 515 and 538 programs, must comply with VAWA.
A major component of the AN is a recommended Emergency Transfer Plan.
Under VAWA, HUD is required to develop a notice of the rights of individuals under the VAWA including the right to confidentiality and limits thereof. To date, HUD has not issued this guidance. RD indicates that the AN will be amended when HUD issues it’s notice.
The AN recommends that owners and managers or RD multi-family housing update Tenant Selection Policy and Occupancy Rules to incorporate the tenant’s rights and protections, to ensure uniformity in enforcement of the VAWA requirements and to avoid improper evictions. The AN (Attachment B) provides a Model Emergency Transfer Plan, as follows:
Rural Development Model Emergency Transfer Plan
Tenants who are actual or imminent victims of domestic violence shall be permitted by the owner or manager to transfer to another available and safe dwelling unit assisted under the MFH program covered by this AN when a transfer is requested by a tenant, and (1) the tenant reasonably believes that he or she is threatened with imminent harm from further violence if he or she remains within the same dwelling; and (2) 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.
Tenants requesting an emergency transfer under the VAWA Act may receive benefits under 49 U.S.C. part 24, “Uniform Relocation Assistance and Real Property Acquisition Act,” by requesting a Letter of Priority Entitlement from the Agency, as Rural Development considers this to be a situation beyond the tenant’s control under 7 CFR 3560.159(c).
7 CFR 3560.159(c) states, “If occupancy is terminated due to conditions which are beyond the control of the tenant, such as a condition related to required repair or rehabilitation of the building, or a natural disaster, the tenants who are affected by such a circumstance are entitled to benefits under the Uniform Relocation Act and may request a Letter of Priority Entitlement (LOPE) from the Agency. If tenants need additional time to secure replacement housing, the Agency may, at the tenant’s request, extend the LOPE entitlement period.”
Reasonable confidentiality measures must be incorporated by owners and managers so that location of the new dwelling is not disclosed to the person that commits an actual or imminent act of violence.
It is recommended that all owners and managers of Rural Development multi-family housing projects immediately implement an Emergency Transfer Plan for victims of domestic violence. At a minimum, the Plan should incorporate the elements noted in the RD Model shown above.
While the Section 42 Low-Income Housing Tax Credit Program (LIHTC) is also a covered program under VAWA, the IRS has not yet issued any guidance relative to the emergency transfer of domestic violence victims. Such guidance is especially important due to the fact that transfers between buildings in a LIHTC project may require tenant requalification.