HUD has posted Notice PIH 2017-08, Violence Against Women Reauthorization Act of 2013 Guidance. The 52-page notice is dated May 19. While the guidance does not contain any major changes from the VAWA 2013 final rule, it includes a number of useful examples and scenarios to assist PHAs in implementation of the rule. The notice is applicable to the public housing and HCV programs, including the project-based voucher (PBV) and moderate rehabilitation programs.

Here are a few examples of guidance from the notice:

• A list of adverse screening factors which might be the direct result of domestic violence, dating violence, sexual assault, or stalking
• A detailed description of the certification and documentation process
• A summary of policy requirements and a 5-page appendix detailing necessary PHA policies and procedures
• Instructions for customizing the notice of occupancy rights
• A ten-page section on requirements for emergency transfer plans
• A clarification of the VAWA 2013 provision for establishing eligibility following bifurcation of a lease. This provision applies only to mixed families in which the victim has not contended eligible immigration status
• A six-page model owner notification. Use of an owner notification letter is optional, as PHAs may instead rely on VAWA information included in the HAP contract.

In a related development, HUD has released translated versions of the four forms and model notices published in December 2016 for VAWA 2013 implementation. Each of the forms has been translated into 11 languages (Armenian, Cambodian, Creole, Japanese, Korean, Lao, Mandarin, Russian, Spanish, Thai, and Vietnamese).

The translated documents include (links to English versions):

• HUD-5380, Notice of Occupancy Rights under the Violence Against Women Act
• HUD-5381, Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
• HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (replaces form HUD-50066)
• HUD-5383, Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

You’ll find links to all of the translated documents on this page at HUDCLIPS.

This morning in the Federal Register, the Department of Housing and Urban Development (HUD) published a final rule implementing the requirements set forth in the Violence against Women Reauthorization Act of 2013 (VAWA 2013). VAWA 2013 expanded protections to HUD programs beyond public housing and Section 8 tenant-based and project-based programs, while also enhancing protections and options for victims of domestic violence, dating violence, sexual assault, and stalking.

Today's 102-page VAWA final rule covers the expanded protections in VAWA 2013 to HUD programs beyond the previously covered public housing and Section 8 tenant and project-based vouchers, and enhances protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. In brief, the major provisions of the rule include:

• Specifying “sexual assault” as a crime covered by VAWA in HUD-covered programs.
• Establishing a definition for affiliated individual based on the statutory definition and that is usable and workable for HUD-covered programs.
• Applying VAWA protections to all covered HUD programs as well as the Housing Trust Fund, which was not statutorily listed as a covered program.
• Ensuring that existing tenants, as well as new tenants, of all HUD-covered programs receive notification of their rights under VAWA and HUD’s VAWA regulations.
• Establishing reasonable time periods during which a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking may establish eligibility to remain in housing, where the tenant’s household is divided due to a VAWA crime, and where the tenant was not the member of the household that previously established eligibility for assistance.
• Establishing that housing providers may, but are not required to, request certain documentation from tenants seeking emergency transfers under VAWA.
• Providing for a six-month transition period to complete an emergency transfer plan and provide emergency transfers, when requested, under the plan.
• Revising and establishing new program-specific regulations for implementing VAWA protections in a manner that is workable for each HUD-covered program.

In addition to addressing the major provisions above, the VAWA final rule also includes as appendices a Notice of Occupancy Rights under the Violence against Women Act (Notice of Occupancy Rights) that certain housing providers must give to tenants and applicants to ensure they are aware of their rights under VAWA and implementing regulations, a model Emergency Transfer Plan that may be used by housing providers to develop their own emergency transfer plans, a model Emergency Transfer Request form that housing providers could provide to tenants requesting an emergency transfer under these regulations, and a new certification form for documenting incidents of domestic violence, dating violence, sexual assault, and stalking that must be used by housing providers. As stated in the final rule, these appendices will not appear in the Code of Federal Regulations.

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PD&R: Discrimination in the rental housing market against people who are deaf or use wheelchairs

Rooflines: "Aging in community" is the next frontier in community development

ThinkProgress (via CSSP): Could NYC's new affordable housing requirements work in your community?

Urban Institute: Why we should place choice at the center of affordable housing strategies

The Harvard Joint Center for Housing Studies: Challenges ahead in housing America's older adults

The HUDdle: How the ROSS program helps public housing residents find jobs (and a follow-up here)

The HUDdle: The right to live in a home free from violence

NLIHC: 2015 edition of Advocates’ Guide now available online

Off the Charts: Senate should follow House and streamline rental assistance for people with fixed incomes

Yesterday in the Federal Register, the U.S. Department of Housing and Urban Development (HUD) published a proposed rule to amend HUD’s regulations to fully implement the requirements of the Violence against Women Reauthorization Act of 2013.

The proposed rule was previously announced in a press release, which explained that VAWA 2013 expands HUD’s authority to protect survivors of domestic violence, dating violence, sexual assault, and stalking who reside in assisted housing. As such, the rule proposes to:

• Include “sexual assault” as an action covered by VAWA protections
• Establish a definition for affiliated individual based on the statutory definition
• Apply VAWA protections to the Housing Trust, which was not statutorily listed as a covered program
• Establish a reasonable period of time during which a tenant (in situations in which the tenant is not the perpetrator) may establish eligibility to remain in housing, where the tenant’s household is divided due to domestic violence, dating violence, sexual assault, or stalking, and where the tenant was not the member of the household that previously established eligibility for assistance
• Establish what constitutes a safe and available unit to which a victim can be transferred on an emergency basis
• Establish what documentation requirements, if any, should be required of a tenant seeking an emergency transfer to another assisted unit

In addition to the above proposed regulatory amendments, HUD is also publishing for public comment two documents concerning tenant protections provided under VAWA 2013: a notice of occupancy rights and an emergency transfer plan. HUD is clear that although VAWA refers to women in its title, protections are afforded to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, sexual orientation, or age.

If you wish to submit comments on the proposed rule, you will find instructions following the “Addresses” heading in the preamble. Comments are due by June 1, 2015.

To stay updated, follow the #VAWA tag to keep up with all related blog posts, or subscribe to the PIH Alert and receive a daily email with breaking news and analysis for PHAs and housing professionals.

Yesterday the Obama administration released its proposed budget for federal fiscal year (FFY) 2016. As part of the budget rollout, the Department of Housing and Urban Development (HUD) published a summary of its portion of the 2016 budget and discussed the budget in a town hall meeting broadcast yesterday.

In a news release, HUD Secretary Julián Castro praised the HUD portion of the budget for its focus on securing quality housing for Americans, ending homelessness, making communities more resilient, protecting people from housing discrimination, and providing critical rental assistance:

HUD is the Department of Opportunity, and the president’s budget proposal is a blueprint for greater opportunity for all Americans. By increasing our department’s funding level by nearly $4 billion over current levels, the president’s budget helps us continue our progress toward achieving our mission to promote homeownership, support community development, and expand access to affordable housing for all.

What does the Obama administration propose for the housing choice voucher (HCV) and public housing programs in 2016? The proposed budget for HUD requests a total of $21.1 billion for the HCV program, or 5.4 percent more than it requested for 2015. The total breaks down this way:

• $18.3 billion for voucher renewals, or almost 2 percent more than was requested for 2015
• $150 million for tenant protection activities, the same amount requested for 2015
• $2 billion for administrative fees, or 18 percent more
• $108 million for renewal of vouchers for persons with disabilities under Section 811 of the Cranston-Gonzalez National Affordable Housing Act, or not quite 1 percent less
• $75 million for the supportive housing program for homeless veterans, the same amount provided the past several years
• $178 million for new vouchers for families, veterans, and tribal families who are experiencing homelessness, as well as victims of domestic and dating violence
• $38 million for new vouchers for victims of domestic violence, dating violence, sexual assault, or stalking who require an emergency transfer
• $20 million for new Family Unification Program (FUP) vouchers

The budget document explains that the new funding "restores the approximately 67,000 vouchers that were lost as a result of sequestration cuts in 2013." It also proposes expanding the Moving to Work (MTW) program, allowing fixed-income families to recertify their incomes every three years, and increasing the threshold used to determine deductions for unreimbursed medical expenses from 3 to 10 percent of family income.

As for the public housing program, the HUD portion of the proposed 2016 budget includes these requests:

• $1.97 billion for the capital fund, or about 2 percent more than requested for 2015
• $4.6 billion for the operating fund, the same amount requested for 2015
• $250 million for Choice Neighborhoods, or 108 percent more

The proposed budget also requests $50 million, a 400 percent increase, for "a targeted expansion of the Rental Assistance Demonstration (RAD) to public housing properties that cannot feasibly convert at existing funding levels and are located in high-poverty neighborhoods, including designated Promise Zones, where the administration is supporting comprehensive revitalization efforts."

For the consolidated family self-sufficiency (FSS) program, the proposed budget includes $85 million for family self-sufficiency coordinators, 13 percent more than requested for 2015.

You will find the president's message to Congress here, a slide presentation of the proposed HUD budget here, a brief summary of it here, a press release about it here, links to the congressional justifications for the various parts of it here, and the appropriations language submitted to Congress here.

To stay updated on the latest program information, subscribe to the PIH Alert and receive a daily email with news and analysis for PHAs and housing professionals.

Housing Finance: IRS announces 2015 LIHTC, bond caps

The HUDdle: Survivors of domestic violence need fair housing, not eviction

NCSHA: HUD reports further decline in homelessness

NCSHA: Judge rejects HUD's disparate impact rule

New York Times: Free broadband for public housing in New York sought as condition in Comcast deal

Next City: NYCHA is revisiting its policy of barring many formerly incarcerated people from public housing

Next City: Using Wall Street tactics to preserve affordable housing

NLIHC: 40 years ago: Public housing changes in Housing and Community Development Act of 1974

Off the Charts: Neighborhoods do matter to kids' success

Off the Charts: Tens of thousands apply for scarce housing vouchers

PD&R Edge: Why did Pruitt-Igoe fail?

Rooflines: HUD's perspective on the Rental Assistance Demonstration

Shelterforce: Lifting the fog on Section 3

Washington Post (via Planetizen): These five charts show the progress made in fighting homelessness

This morning at the second annual NMA Housing Conference, Nan McKay and Associates announced the five winners of the 2014 NMA Housing Awards. We first launched these awards nearly a decade ago to recognize excellence and innovation in the affordable housing industry.

Since then, we’ve been honored to read and evaluate a great number of worthy entries, and this year was no exception. Read on to learn more about this year’s winning agencies.

2014 Excellence in Housing Award (Large Agency)

Housing Authority of the City of Norwalk

Over the past year, the Housing Authority of the City of Norwalk (NHA) saw the culmination of years of hard work when it received several highly significant awards and grants. Most visibly, in June HUD awarded NHA with a $30 million Choice Neighborhoods implementation grant to rebuild the Washington Village development and revitalize the community. However, also very important to NHA was the award of a Head Start grant which makes it the only housing authority in New England to operate Head Start.

Everett Housing Authority accepts the 2014 NMA Excellence in Housing Award from Nan McKay and John McKay.

2014 Excellence in Housing Award (Small Agency)

Everett Housing Authority

For the past several years, the Everett Housing Authority (EHA) has partnered with Domestic Violence Services (DVS) of Snohomish County to assist survivors of domestic violence and their families with the provision of project-based voucher assistance, including building a new development on the same property as a DVS facility that includes an emergency shelter, administrative offices for support staff, and a daycare for children of occupants of the shelter.

RHA board chairman Jerry Lumpkins and the rest of the Rockford team accept the 2104 NMA Pioneer in Housing Award from John McKay.

2014 Pioneer in Housing Award (Large Agency)

Rockford Housing Authority

With high crime rates and high unemployment rates, the Rockford Housing Authority (RHA) decided to address the negative headlines and challenges being placed upon its city and its residents. With a collaborative effort of RHA and the Rockford Area Arts Council, it created a platform for creative entrepreneurship called New Mix. The program is so successful that New York City is currently using New Mix for its residents, and Dallas and Chicago are also exploring the implementation of New Mix for their communities.

Nan McKay presents CMHA with the 2014 NMA Pioneer in Housing, Honorable Mention.

2014 Pioneer in Housing Honorable Mention (Large Agency)

Cuyahoga Metropolitan Housing Authority

Cuyahoga Metropolitan Housing Authority (CMHA) developed an innovative initiative called Fairfax Intergenerational Housing, one of the first of its kind in Ohio and only the seventh such intergenerational housing in the country. The project offers an affordable, sustainable, and supportive environment for seniors 55 and older who have legal custody of children.

2014 Pioneer in Housing Award (Small Agency)

Housing Authority of Lancaster

The Housing Authority of Lancaster accepts the 2014 NMA Pioneer in Housing Award from Nan McKay and John McKay.

The Housing Authority of Lancaster (HAL)'s Map to Success Family Literacy Program (MAP) is an innovative research-based program that combines the teaching of adult literacy skills with child development and family education empowerment. The creative onsite program targets low-literacy adults and their families who are public housing residents and Section 8 participants, equipping them with the tools necessary to become better parents and community members.

The NMA Housing Awards is an annual event created to honor agencies that build bridges to the future and generate real change in their communities and the affordable housing industry. Read about the 2013 winners and the 2012 winners.

HUD’s Office of Public and Indian Housing (PIH) has posted a new version of form HUD-50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. In addition to a new expiration date of 7/31/2017, the form has a new creation date of 7/2014 and the term sexual assault has been added to the list of crimes in the title of the form. This revision reflects the Federal Register notice published August 6, 2013, which provided an overview of the Violence against Women Reauthorization Act of 2013 (VAWA 2013) as it applies to HUD programs. The new version differs in significant ways from the previous (2/2011) version of the form:

• It makes clear that victims of sexual assault are protected by VAWA 2013 as well as victims of domestic violence, dating violence, and stalking.
• It clarifies that the form applies not only to family members but also to affiliated individuals of tenant, participant, and applicant families. An affiliated individual was defined in the Federal Register notice to mean, “with respect to an individual—(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual.”
• The term management agent has been changed throughout the form to manager.
• It expands the list of acceptable forms of documentation of abuse to include a document signed by a mental health professional or the record of an administrative agency.
• It specifies that third-party documentation submitted by the victim and signed by an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional must also be signed by the victim.
• While the previous version required these professionals to attest "that the incidents or incidents in question are bona fide incidents of abuse," the new form changes the wording to require them to attest "that the incident of domestic violence, dating violence, sexual assault, or stalking is grounds for protection under 24 Code of Federal Regulations (CFR) 5.2005 or 24 CFR 5.2009."
• It specifically states that "the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential by the PHA, owner, or manager."
• It requires a victim of violence to provide the name of the perpetrator only if the name is known and safe to provide.

Editor’s note: The translations of form HUD-50066, which can be found in HUD’s Office of Client Information and Policy System (HUDCLIPS) forms library as well as in the limited English proficiency (LEP) resource library maintained by HUD’s Office of Fair Housing and Equal Opportunity (FHEO), have not yet been updated.

While public housing funding for May is now at an 82% proration level (up from 79% in April), sequestration is still in effect, and Congress shows no inclination to reverse it any time soon.

The business of owning and managing affordable housing in decent, safe, and sanitary condition and in good repair remains our mission. PHAs need to plan more strategically than ever before. So, as all businesses must ask in tough times: How can we maximize dollars and cut costs?

Tip #15: Consider a superpreference for the HCV waiting list for public housing victims of domestic violence.

While a brief paragraph doesn't do this topic justice, establishing an HCV waiting list superpreference for victims of domestic violence in public housing serves two important purposes. First and foremost, it can be crucial to the safety of the victim. Especially in small public housing programs, transferring to a nearby project is not going to ensure safety. Porting to another state may be what it takes. Also (and less importantly, of course), it will cut down on the public housing transfers.

Next: Working with sequestration in the public housing program: Tip #16

NMA senior associate Cara Gillette trains, consults, and provides technical assistance nationwide in fair housing, public housing management, hearings, economic self-sufficiency, and governing boards. Prior to joining NMA, Ms. Gillette served at the San Diego Housing Commission, administering its public housing and Section 8 waiting lists, serving as hearing officer, managing public housing, and overseeing resident economic development programs. She has previously written for the NMA blog about blended occupancy projects.

If you find that you need staffing help during sequestration, NMA can assist your agency with recertifications (done remotely), quality control, outsourced hearing officer services (done remotely), HQS inspections, and more. Email sales@nanmckay.com for more information.