We are writing to inform you of significant updates to the Violence Against Women Act (VAWA) housing protections, as outlined by the U.S. Department of Housing and Urban Development (HUD).
Linked (below) in this email, you will find the updated “Notice of Occupancy Rights Under the Violence Against Women Act” (Form HUD-5380) and the “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking” (Form HUD-5382). We strongly encourage you to review these documents thoroughly.
Below are the top-line highlights to be aware of:
Key Highlights for Property Managers
When to Provide Forms
You are now required to provide a copy of both Form HUD-5380 and Form HUD-5382 at specific junctures:
- When an individual is admitted as a tenant.
- When you issue an eviction or termination notice, and prior to termination of tenancy.
- When an applicant is denied housing. You may also choose to provide these forms at any other times.
Expanded Protections for Applicants & Tenants
- Applicants: You cannot deny housing assistance solely because an applicant (or household member) is, or was, a victim of VAWA violence/abuse, or due to problems directly resulting from such abuse (e.g., a poor rental or credit history, or a criminal record that is a direct result of being a victim).
- Tenants: Tenants cannot lose housing assistance or be evicted solely for being a victim of VAWA violence/abuse, or due to problems directly resulting from it (e.g., repeated noise complaints or property damage). Furthermore, you cannot evict a tenant due to another person’s criminal actions directly related to VAWA abuse against the tenant or an affiliated person.
Emergency Transfer Rights
Victims of VAWA violence/abuse have the right to request an emergency transfer for safety reasons.
- Requests can be made even if the tenant is not lease compliant (e.g., owes rent).
- All information related to an emergency transfer request and the new unit’s location must be kept strictly confidential.
- Covered housing providers are now required to maintain and make available a VAWA emergency transfer plan.
Lease Bifurcation & Continued Assistance
Depending on the situation, you may be able to “bifurcate” the lease to evict only the perpetrator.
Documentation & Confidentiality
- If you request documentation of victim status, you must do so in writing and provide at least 14 business days for the tenant/applicant to respond.
- You must accept any one of the following forms of documentation: a self-certification form (Form HUD-5382, attached), a statement from a victim/survivor service provider or professional, or a police/administrative/court record.
- All information shared by a tenant/applicant regarding VAWA protections or their victim status must be kept strictly confidential, securely, and separately from other tenant files. This information should only be disclosed in very limited circumstances (e.g., with written permission, for an eviction hearing, or as required by law).
What This Means for You
We urge you to
- Review the Attached Documents: Familiarize yourself with the detailed requirements and protections outlined in Form HUD-5380 and Form HUD-5382.
- Update Internal Policies: Ensure your tenant handbooks, leases, and operational procedures reflect these updated VAWA requirements.
- Train Your Staff: Provide training to all relevant personnel on how to properly implement these new mandates and respond to tenant/applicant requests under VAWA.
Click the link to access the Updated VAWA Forms.
Mehigan Law is Here to Help
At Mehigan Law, we’re dedicated to guiding you through these changes. Please don’t hesitate to contact us if you have questions or need assistance updating your forms and procedures.
You can also find other information on our MehiganLaw.com blog by visiting our Eviction Law Blog.
Sincerely,
The Mehigan Law Team
