VAWA Deadline Reminders
As I noted in a prior client memo, HUD has released four Model forms for use on HUD properties to ensure compliance with requirements of the Violence Against Women Act (VAWA). These model forms are
- Appendix A: Notice of Occupancy Rights Under the Violence Against Women Act (HUD Form-5380);
- Appendix B: Model Emergency Transfer Plan (HUD Form-5381)
- Appendix C: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation (HUD Form-5382); and
- Appendix D: Emergency Transfer Request Form (HUD Form-5383).
Any of these forms may be modified but must retain the same information and language. I recommend using the forms as published, without alteration, for HUD properties that are subject to the HUD final rule.
There are some important deadlines associated with the use of these forms.
- Notice and Certification form (HUD Form-5380 and 5382).
- Between now and December 15, 2017, each household must be given these forms.
- The forms should be provided to every household that moves in, as well as households at lease renewal or annual recertification.
- If there will not be an annual recertification or lease renewal between now and December 15, 2017, owners/agents should make sure that a copy of each form is given to the households. I recommend hand delivery of the forms to the residents at their apartments, and ask that they sign an acknowledgement of receipt.
- Beginning December 16, 2017, these two forms must be provided at move-in or when assistance is denied. I do not recommend waiting until this date to begin providing the forms to move-ins and those denied assistance. I recommend beginning this process now.
- Providing the forms to persons on the waiting list is not
- Emergency Transfer Plans must be fully implemented by June 14, 2017; so, owners/agents have four months to get these plans in place.
- If you are going to require tenants to provide a written request for an emergency transfer, all tenants should be given a copy of the Emergency Transfer Request Form (HUD Form-5383).
HUD is planning to update the Form HUD-91066 for multifamily programs, but until they do, owners/agents of properties under HUD’s Office of Multifamily Housing should use the HUD Form-5382.