The Violence Against Women Act (VAWA) protects applicants/tenants in covered HUD housing programs from being denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis or as a direct result of the fact that the This new rule creates several specific notification and documentation requirements which will impact the management policies and procedures of covered housing providers. “Covered housing providers” include Section 8 project based and tenant based programs, as well as Section 202, Section 811, HOPWA, HOME, Homeless Programs, Section 221, Section 236, and the Housing Trust Fund.On December 22, 2017, the California Tax Credit Allocation Committee (CTCAC) also issued guidance regarding Low Income Housing Tax Credit (“LIHTC”) properties and their obligations to comply with Violence Against Women Act (“VAWA”) Reauthorization Act of 2013.Under HUD’s Final Rule, covered housing providers are required to provide applicants and tenants with Ambiguity remains as to what exactly constitutes a “notification of eviction” under HUD’s Final Rule.
Pre-VAWA 2013 Requirements Compared to VAWA 2013 Requirements

Therefore, VAWA 2013 protects individuals who simply live in the victim's household, regardless of whether they are related by marriage or blood to the victim. To reduce the potential risks that may be associated with noncompliance, owners of properties with Section-8 voucher tenancies should contact the local Housing Authority and requesting copies of these documents so that the landlord can serve them at the same time as any Notice which the Landlord is serving upon the Resident rather than relying on the Housing Authority to do so. Comm VAWA 2013 builds on landmark housing protections included in VAWA 2005 for survivors in federally-subsidized housing units/programs by 1) maintaining current protections, 2) protecting sexual assault victims (in addition to domestic violence, dating violence, and stalking victims) 3) expanding protections to cover all federally-subsidized housing programs 4) clarifying the notice tenants/participants must receive about their rights under VAWA and 5) including an emergency transfer policy requirement for landlords, managers and owners.The landmark protections included in VAWA 2005 should ensure that victims of domestic violence, dating violence, and stalking have access to the criminal justice system without jeopardizing their housing and are not discriminated against because of their status as victims.

During this webinar, HUD and CSH discuss HUD’s Violence Against Women Act (VAWA) Final Rule which implements the requirements of the 2013 reauthorization of the Violence Against Women Act for HUD covered housing programs, including the Emergency Solutions Grants (ESG) and Continuum of Care (CoC) Programs. The evictions moratorium also extends to “the rural housing voucher program under Section 542 of the Housing Act of 1949.” The separate inclusion of this program was necessary because the Rural Housing Voucher Program was omitted from the covered housing programs in the 2013 VAWA reauthorization statute. If the victim is not eligible for the housing, the covered program must give the victim “reasonable time” to find new housing or establish eligibility under another housing program.To learn more about these individual housing programs, please see the While VAWA 2005 established a requirement that tenants/participants be notified of their VAWA rights, VAWA 2013 describes the notice requirements. VAWA Protection 5. VAWA 2013 expands these protections to victims of sexual assault.While VAWA 2005 covered public housing, Section 8 vouchers and project-based Section 8, VAWA 2013 expands to cover all federally-subsidized housing programs (protections are maintained for these programs). Programs Not Covered 4.

While VAWA 2013 provides protections for individuals on tribal lands, VAWA 2013 does not list housing assisted under HUD's Indian Housing programs in the list of HUD covered programs. Published on November 16, 2016, and effective as of December 16, 2016, HUD’s Final Rule, 5720-F-03, updates the Code of Federal Regulations in order to implement the requirements of the Federal Violence Against Women Act (VAWA) as reauthorized in 2013.


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