Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
Definitions
In this subpart:
Affiliated individual
The term “affiliated individual” means, with respect to an individual—
a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or
any individual, tenant, or lawful occupant living in the household of that individual.
Appropriate agency
Covered housing program
The term “covered housing program” means—
the program under section 1701q of title 12;
the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);
the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
the program under paragraph (3) of section 1715l(d) of title 12 that bears interest at a rate determined under the proviso under paragraph (5) of such section 1715l(d);
the program under section 1715z–1 of title 12;
the programs under sections 1437d and 1437f of title 42;
rural housing assistance provided under sections 1484, 1485, 1486, 1490m, and 1490p–2 of title 42; and
the low income housing tax credit program under section 42 of title 26.
Prohibited basis for denial or termination of assistance or eviction
In general
Construction of lease terms
An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as—
a serious or repeated violation of a lease for housing assisted under a covered housing program by the victim or threatened victim of such incident; or
good cause for terminating the assistance, tenancy, or occupancy rights to housing assisted under a covered housing program of the victim or threatened victim of such incident.
Termination on the basis of criminal activity
Denial of assistance, tenancy, and occupancy rights prohibited
Bifurcation
In general
Effect of eviction on other tenants
Rules of construction
Nothing in subparagraph (A) shall be construed—
to limit the authority of a public housing agency or owner or manager of housing assisted under a covered housing program, when notified of a court order, to comply with a court order with respect to—
the rights of access to or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or
the distribution or possession of property among members of a household in a case;
to limit any otherwise available authority of a public housing agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an affiliated person of the tenant, if the public housing agency or owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;
to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if a public housing agency or owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals employed at or providing service to the property would be present if the assistance is not terminated or the tenant is not evicted; or
to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.
Documentation
Request for documentation
Failure to provide certification
In general
If an applicant or tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from a public housing agency or owner or manager of housing assisted under a covered housing program, nothing in this subpart may be construed to limit the authority of the public housing agency or owner or manager to—
deny admission by the applicant or tenant to the covered program;
deny assistance under the covered program to the applicant or tenant;
terminate the participation of the applicant or tenant in the covered program; or
evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.
Extension
Form of documentation
A form of documentation described in this paragraph is—
a certification form approved by the appropriate agency that—
states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;
states that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b); and
includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking, if the name is known and safe to provide;
a document that—
is signed by—
an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; and
the applicant or tenant; and
states under penalty of perjury that the individual described in clause (i)(I) believes that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b);
a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or
at the discretion of a public housing agency or owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.
Confidentiality
Any information submitted to a public housing agency or owner or manager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence by the public housing agency or owner or manager and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is—
requested or consented to by the individual in writing;
required for use in an eviction proceeding under subsection (b); or
otherwise required by applicable law.
Documentation not required
Compliance not sufficient to constitute evidence of unreasonable act
Response to conflicting certification
Preemption
Notification
Development
Provision
Each public housing agency or owner or manager of housing assisted under a covered housing program shall provide the notice developed under paragraph (1), together with the form described in subsection (c)(3)(A), to an applicant for or tenants of housing assisted under a covered housing program—
at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program;
at the time the individual is admitted to a dwelling unit assisted under the covered housing program;
with any notification of eviction or notification of termination of assistance; and
in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order 13166 (42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency).
Emergency transfers
Each appropriate agency shall adopt a model emergency transfer plan for use by public housing agencies and owners or managers of housing assisted under covered housing programs that—
allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit assisted under a covered housing program if—
the tenant expressly requests the transfer; and
the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program; or
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; and
incorporates reasonable confidentiality measures to ensure that the public housing agency or owner or manager does not disclose the location of the dwelling unit of a tenant to a person that commits an act of domestic violence, dating violence, sexual assault, or stalking against the tenant.