On August 1, 2017, HUD released an updated form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking and Alternate Documentation. The purpose of this form is to provide a method for victims of domestic violence, dating violence, sexual assault, or stalking to certify their victim status. Tenants and applicants may use this form to certify victim status and request VAWA protections.
Owners and Agents (O/As) should be familiar with the contents of this form in order to have a full understanding of what the form does.
Applicable Definitions
The form provides definitions of terms relating to VAWA protections, including (1) domestic violence; (2) dating violence; (3) sexual assault; and (4) stalking.
The form is optional. The form informs the applicant/tenant that the owner may give them a written notice requesting that the applicant/tenant submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. It informs the person that they have the option of using this form or submitting one of the following types of third-party documentation to the housing provider:
- A document signed by the applicant/resident and an employee, agent, or volunteer of a victim service provider, an attorney, medical professional, or a mental health professional from whom they have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking;
- A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
- At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.
Timeframe for Submitting Documentation
The Notice informs the person that they must submit the requested documentation to the housing provider within 14 business (not calendar) days from the date that they receive the written request from the housing provider requesting the documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. The Notice also lets the person know that the owner may extend the deadline, but is not required to, and if the information is not provided by the deadline (including any extension), the owner may take action against them, such as denial of admission, assistance, participation, or tenancy. It also informs the person that owners must provide reasonable accommodations for disabled individuals, and that the applicant or tenant may challenge the owner’s decision.
Confidentiality
The Notice informs the person that all information they provide relating to the domestic violence, dating violence, sexual assault, or stalking must remain confidential and provides details regarding the confidentiality requirements on the owner.
The key thing for owners and agents to remember with regard to requiring a certification of domestic violence, dating violence, sexual assault, or stalking, is that if the applicant or tenant chooses to use the form HUD-5382, unless there is conflicting information relative to the request for VAWA protection, no certification beyond this form may be required.