The Violence Against Women Reauthorization Act of 2013: Overview of Applicability to HUD Programs, 47717-47722 [2013-18920]
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Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
We received 29 comment letters in
response to the February 11, 2013
Federal Register notice. These comment
letters contained a total of
approximately 200 recommendations,
suggestions, and other comments. We
have created a document that provides
a summary of each comment and the
corresponding Coast Guard response. A
copy of this public comment matrix is
available for viewing in the public
docket for this notice. You may access
the docket by going to https://
www.regulations.gov, using ‘‘USCG–
2012–1066’’ as your search term, and
following the instructions in the
ADDRESSES section above.
The basic ideas and principles
encompassed in draft NVIC 02–13
remain. The Coast Guard has made
some changes from the draft NVIC to the
final version based on public comments.
A brief discussion of the most important
changes is included below. For a more
in-depth discussion of the individual
comments submitted, please visit the
docket for this notice to view submitted
comments and the public comment
matrix.
(1) We received several comments
urging us to incorporate ‘‘substantial
equivalencies’’ so that vessels can
demonstrate that they meet the
requirements of the MLC via their
compliance with equivalent U.S. laws,
regulations and other measures. The
Coast Guard agrees that the Convention
authorizes the use of national laws or
other measures conforming to the MLC
requirements to demonstrate
compliance with the standards of the
Convention. We have amended the
NVIC, where applicable, to include such
equivalencies.
(2) Several commenters mentioned
that the MLC definition of the term
‘‘seafarer’’ is very broad and can be
unclear to a ship operator. For example,
they stated that in the offshore mineral/
energy sector, vessels host many types
of personnel that are neither
credentialed nor traditional mariners,
and therefore, should not be covered by
the MLC requirements. In response, we
have added a separate definitions
enclosure to NVIC 02–13, which
provides guidance on the term
‘‘seafarer’’ consistent with ILO
Resolution VII, Concerning Information
on Occupational Groups.
(3) A number of commenters
requested either clarification or deletion
of the Job Aid enclosure we included
with draft NVIC 02–13. Specifically,
these commenters stated that the Job
Aid unnecessarily duplicated other
parts of the NVIC and did not
adequately address equivalencies to
meet MLC standards. After considering
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these comments, we have removed the
Job Aid from NVIC 02–13.
(4) One commenter was concerned
that the draft NVIC did not provide
adequate guidance on how to meet the
MLC standards for ships cook
competency. To address this concern,
we have provided a separate enclosure
to the NVIC that clarifies MLC guidance
on this issue.
(5) Commenters also raised concerns
that the draft NVIC did not provide
enough guidance regarding two issues:
on board complaint procedures; and
how to determine what types of
activities would be considered
hazardous to seafarers under the age of
18. To address these concerns, we have
added separate enclosures that provide
additional guidance on these issues.
NVIC 02–13 contains a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520) (PRA). This collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review in accordance with
the PRA. An agency may not conduct a
collection of information unless the
collection of information displays a
valid control number assigned by OMB.
You do not need to respond to a
collection of information unless it
displays a currently valid control
number from OMB. Before the Coast
Guard could enforce the collection of
information referenced in this notice,
OMB would need to approve the Coast
Guard’s pending request to collect this
information.
Authority
This notice is issued under authority
of 33 U.S.C. 1221(c)(3) and 5 U.S.C.
552(a).
Dated: July 30, 2013.
Joseph A. Servidio,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant, Prevention Policy.
[FR Doc. 2013–18897 Filed 8–5–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5720–N–01]
The Violence Against Women
Reauthorization Act of 2013: Overview
of Applicability to HUD Programs
Office of the Secretary, HUD.
Notice.
AGENCY:
ACTION:
This notice provides an
overview of the applicability to HUD
programs of the recently enacted
Violence Against Women
SUMMARY:
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Reauthorization Act of 2013. The 2013
law expands the number of HUD
programs subject to the statute’s
protections beyond HUD’s public
housing and section 8 tenant-based and
project-based programs. This notice
highlights the key changes made by this
statute, lists the HUD programs now
covered by this statute, provides an
overview of key provisions applicable to
HUD programs, and advises of HUD’s
plans to issue rules or guidance on this
new law. This notice is not program
guidance for any individual HUD
program covered by the new law. HUD
will issue guidance and/or rules, as may
be applicable, for covered programs at a
later date. This notice is issued to
provide an overview of the Violence
Against Women Reauthorization Act of
2013, and alert HUD’s program
participants to the provisions applicable
to HUD programs.
In addition to providing an overview,
this notice seeks comment from HUD
program participants and other
interested members of the public on
certain issues. Comments received in
response to this solicitation will aid
HUD in developing additional guidance
and regulations.
DATES: Comment Due Date: October 7,
2013.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice to the Regulations Division,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the docket number and title above.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
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interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
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Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the document.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an
appointment to review the public
comments must be scheduled in
advance by calling the Regulations
Division at 202–708–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339. Copies of all comments submitted
are available for inspection and
downloading at www.regulations.gov.
FOR FURTHER INFORMATION: For
information about: HUD’s Public
Housing program, contact Becky
Primeaux, Director, Public Housing
Management and Operations Division,
Office of Public and Indian Housing,
Room 4210, telephone number 202–
402–6050; HUD’s Housing Choice
Voucher program (Section 8) contact
Laure Rawson, Director, Housing
Voucher Management and Operations
Division, Office of Public and Indian
Housing, Room 4216, telephone number
202–402–2425; HUD’s Multifamily
Housing programs, contact Catherine M.
Brennan, Director, Housing Assistance
Policy Division, Office of Housing,
telephone number 202–708–3000;
HUD’s HOME Investment Partnerships
program, contact Virginia Sardone,
Deputy Director, Office of Affordable
Housing Programs, Office of Community
Planning and Development, Room 7164,
telephone number 202–708–2684;
HUD’s Housing Opportunities for
Persons With Aids (HOPWA) program,
please contact William Rudy, Deputy
Director, Office of HIV/AIDS Housing,
Office of Community Planning and
Development, telephone number 202–
708–1934; and HUD’s Homeless
programs, contact Ann Marie Oliva,
Director, Office of Special Needs
Assistance, Office of Community
Planning and Development, telephone
number 202–708–4300. The address for
all offices is the Department of Housing
and Urban Development, 451 7th Street
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SW., Washington, DC 20410. The
telephone numbers listed above are not
toll-free numbers. Persons with hearing
or speech impairments may access these
numbers through TTY by calling the
toll-free Federal Relay Service at 800–
877–8339.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 7, 2013, President Obama
signed into law the Violence Against
Women Reauthorization Act of 2013
(Pub. L. 113–4, 127 Stat. 54) (VAWA
2013). VAWA 2013 reauthorizes and
amends the Violence Against Women
Act of 1994, as previously amended,
(title IV, sec. 40001–40703 of Pub. L.
103–322, 42 U.S.C. 13925 et seq.) 1
VAWA 2013, among other things,
enhances judicial and law enforcement
tools to combat violence against women;
improves services for victims; enhances
services, protection, and justice for
young victims of violence; strengthens
the health care system’s response to
violence against women; and expands
protections for Native American women
and immigrants. The provisions of
VAWA 2013 that are applicable to HUD
programs are found in title VI of VAWA
2013, which is entitled ‘‘Safe Homes for
Victims of Domestic Violence, Dating
Violence, Sexual Assault, and Stalking.’’
Section 601 of VAWA 2013 amends
subtitle N of VAWA (42 U.S.C. 14043e
et seq.) to add a new chapter entitled
‘‘Housing Rights.’’
Section 4 of VAWA 2013, entitled
‘‘Effective Date,’’ provides that ‘‘Except
as otherwise specifically provided in
this Act, the provisions of titles I, II, III,
IV, VII, and sections 3, 602, 901, and
902 of this Act shall not take effect until
the beginning of the fiscal year
following the date of enactment of this
Act.’’ Section 601 of title VI, which
addresses HUD programs, does not have
a one-year delayed effective date.
(Section 602 of title VI addresses a
housing grants program administered by
1 In this notice, the Violence Against Women Act
of 1994, as amended over the years, is referred to
solely as VAWA unless it is necessary or
appropriate to refer to a specific reauthorization of
VAWA. VAWA, established in 1994 as title IV of
the Violent Crime Control and Law Enforcement
Act of 1994, (Pub. L. 103–322, approved September
13, 1994), has been reauthorized in 2000 through
Division B of the Victims of Trafficking and
Violence Protection Act of 2000 (Pub. L. 106–386)
and in 2005 through The Violence Against Women
Act and Department of Justice Reauthorization Act
of 2005 (Pub. L. 109–162) (VAWA 2005). The
references to ‘‘VAWA’’ in this notice include the
amendments in 2000 and 2005, unless explicitly
noted otherwise. The full text of the new law in pdf
and plain text versions can be found, respectively,
at https://www.gpo.gov/fdsys/pkg/PLAW–113publ4/
pdf/PLAW-113publ4.pdf, and https://www.gpo.gov/
fdsys/pkg/PLAW-113publ4/html/
PLAW 113publ4.htm.
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the Department of Justice.) While the
provisions of section 601 are effective
upon enactment, this does not mean
that these provisions are self-executing
(self-executing means no implementing
or interpreting regulation is necessary to
enable the regulated parties to comply
with the new provisions). VAWA 2005
was largely self-executing because
VAWA 2005 amended the authorizing
statutes for HUD’s public housing and
tenant-based and project-based section 8
programs and, by working within the
framework of those statutes, VAWA
2005 facilitated the ability for
participants in HUD’s public housing
and section 8 programs to immediately
comply with the VAWA 2005
provisions. VAWA 2013 did not amend
the authorizing statutes for the newly
covered HUD programs, and therefore
additional guidance and rulemaking
will be required to enable and facilitate
compliance with the VAWA 2013
provisions.
HUD Statutes and Programs Affected
by VAWA 2013. In addition to HUD’s
public housing and section 8 tenantbased and project-based rental
assistance programs that were subject to
VAWA, VAWA 2013 makes the
following HUD programs subject to the
VAWA protections:
• Section 202 Supportive Housing for
the Elderly (12 U.S.C. 1701q) 2;
• Section 811 Supportive Housing for
Persons with Disabilities (42 U.S.C.
8013) 3;
• Housing Opportunities for Persons
With AIDS (HOPWA) program (42
U.S.C. 12901 et seq.);
• HOME Investment Partnerships
(HOME) program (42 U.S.C. 12741 et
seq.); Homeless programs under title IV
of the McKinney-Vento Homeless
2 It is HUD’s view that VAWA 2013 does not
cover Section 202 Direct Loan projects that are
without project-based section 8 assistance. The
statutory definition to ‘‘covered housing program’’
cites to the current section 202 (capital advance)
authority. In cases where Congress seeks to make
requirements applicable to the Section 202 Direct
Loan projects, Congress would include language
such as ‘‘section 202 of the Housing Act of 1959 as
in effect before the enactment of the CranstonGonzalez National Affordable Housing Act of
1990,’’ as seen in the American Homeownership
Economic Opportunity Act of 2000 (AHEO), as
amended by the Section 202 Supportive Housing
for the Elderly Act of 2010. Such language was not
included in VAWA 2013. VAWA 2013 is also not
applicable to section 202 when such assistance is
coupled with Section 162 Assistance (Project
Assistance Contracts). Additionally, VAWA 2013 is
not applicable to the new Senior Preservation
Rental Assistance Contracts.
3 This includes the Capital Advance Program, as
well as the section 811 Rental Assistance Program,
as authorized under the Frank Melville Supportive
Housing Investment Act.
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Assistance Act (McKinney-Vento) (42
U.S.C. 11360 et seq.) 4;
• Federal Housing Administration
(FHA) mortgage insurance for
multifamily rental housing, under
section 221(d)(3) of the National
Housing Act (12 U.S.C. 17151(d)) with
a below-market interest rate pursuant to
section 221(d)(5) (such housing is
eligible for FHA mortgage insurance for
single-room occupancy pursuant to
section 223(g) of the National Housing
Act);
• FHA mortgage insurance for
multifamily rental housing under
section 236 of the National Housing Act
(12 U.S.C. 1715z-1); and
• HUD programs assisted under the
United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), specifically, public
housing under section 6 of the 1937 Act
(42 U.S.C. 1437d) and tenant-based and
project-based rental assistance under
section 8 of the 1937 Act (42 U.S.C.
1437f).
These HUD programs, together with
rural housing assistance under certain
sections of the Housing Act of 1949 and
the low-income housing tax credit
program under section 42 of the Internal
Revenue Code, are referred to
collectively in this notice, as ‘‘covered
housing programs.’’ In this notice, HUD
refers to the HUD programs included in
the covered housing programs as ‘‘HUD
covered programs.’’ Housing made
available under the HUD covered
programs will be referred to as ‘‘assisted
housing’’ in this notice.
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.
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II. Pre-VAWA 2013 Requirements
Compared to VAWA 2013
Requirements
Regulations pertaining to VAWA
protections and rights and
responsibilities are already in place, in
24 CFR part 5, subpart L, for HUD’s
public housing and section 8 tenantbased and project-based rental
assistance (collectively, the section 8
program). VAWA 2005 5 made VAWA
protections applicable to HUD’s public
4 VAWA 2013 states that ‘‘the program under
subtitle A of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.)’’
is a VAWA covered housing program. However,
subtitle A of title IV does not include a program.
Therefore, HUD submits that it was Congress’s
intent to include the programs found elsewhere in
title IV, which include the Emergency Solutions
Grants program, the Continuum of Care program,
and the Rural Housing Assistance Stability
program.
5 See footnote 1.
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housing and section 8 programs. The
VAWA 2013 amendments to sections 6
and 8 of the 1937 Act remove from these
two sections of the 1937 Act certain
provisions relating to admission,
occupancy, and termination of
assistance policies and rights and
responsibilities of PHAs, owners, and
managers as such policies and
responsibilities relate to domestic
violence, dating violence, and stalking;
the documentation of these acts and
confidentiality; and related definitions.
These provisions are removed from the
1937 Act because, as discussed in more
detail below, VAWA 2013 relocates
these provisions to section 41441 of
VAWA, which makes these provisions
applicable to the programs added by
VAWA 2013, and continues to make
these provisions applicable to sections 6
and 8 of the 1937 Act. VAWA 2013
expands VAWA protections beyond
sections 6 and 8 of the 1937 Act, but
does not amend the authorizing statutes
for the HUD covered programs. For
purposes of clarity in this notice, the
statutory requirements that were
previously in place for sections 6 and 8
of the Housing Act of 1937 are referred
to as ‘‘pre-VAWA 2013’’ requirements
throughout this notice.
The following section provides a
review of the pre-VAWA 2013
requirements and highlights the changes
made by VAWA 2013. While
rulemaking will be needed to conform
HUD’s existing VAWA regulations to
the VAWA 2013 requirements and to
establish VAWA regulations for the
HUD programs newly covered by
VAWA 2013, the following also
identifies specific issues for which HUD
seeks comment to inform HUD in the
development of regulations or guidance,
or both, as may be applicable.
A. Coverage for Victims of Sexual
Assault
Pre-VAWA 2013: Absence of reference
to victims of sexual assault in HUD
covered programs. Although VAWA
2005 contained provisions for
protection of victims of sexual assault
(see 42 U.S.C. 14043e–1), reference to
protection of victims of sexual assault
was not part of the VAWA 2005
requirements applicable to HUD
programs; that is, reference to victims of
sexual assault was not included in the
amendments to sections 6 and 8 of the
1937 Act. (See 42 U.S.C. 1437d(3) and
1437f(9) prior to amendment by VAWA
2013.) ‘‘Sexual assault’’ is defined as
‘‘any nonconsensual sexual act
proscribed by Federal, tribal, or State
law, including when the victim lacks
capacity to consent’’ (42 U.S.C.
13925(a)).
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VAWA 2013: Coverage of victims of
sexual assault in HUD covered
programs. VAWA 2013 extends these
protections to victims of sexual assault
participating in HUD covered programs.
B. Admission, Occupancy, and
Termination of Assistance Policies
Pre-VAWA 2013: The pre-VAWA
2013 requirements provided the
following protections relating to
admission, occupancy, and termination
of assistance policies. The regulatory
citation in parentheses that follows each
protection provides where this
protection, as applies to HUD’s public
housing and section 8 programs, is
currently codified in HUD regulations:
• Being a victim of domestic violence,
dating violence, or stalking, as these
terms are defined in the law, is not a
basis for denial of assistance or
admission to assisted housing if the
applicant otherwise qualifies for
assistance or admission (addressed in 24
CFR 5.2005(b));
• Incidents or threats of domestic
violence, dating violence, or stalking
will not be construed as serious or
repeated violations of the lease or as
‘‘good cause’’ for termination of the
assistance, tenancy, or occupancy rights
of the victim (addressed in 24 CFR
5.2005(c)(1)); and
• Criminal activity directly relating to
domestic violence, dating violence, or
stalking, engaged in by a member of a
tenant’s household or any guest or other
person under the tenant’s control, shall
not be cause for termination of
assistance, tenancy, or occupancy rights
if the tenant or an immediate family
member of the tenant is the victim
(addressed in 24 CFR 5.2005(c)(2)).
VAWA 2013: The protections
described above are also included in
VAWA 2013 and apply to all HUD
covered programs. In each of the
protections described above, VAWA
2013 also adds sexual assault whenever
the pre-VAWA 2013 language references
‘‘domestic violence, dating violence, or
stalking.’’
Criminal activity. VAWA 2013 also
expands protections relating to the
prohibition of terminating assistance
because of criminal activity directly
relating to domestic violence, dating
violence, sexual assault, or stalking by
replacing the term ‘‘immediate family
member’’ with ‘‘affiliated individual.’’
VAWA 2013 provides that criminal
activity directly relating to domestic
violence, dating violence, sexual
assault, or stalking that is engaged in by
a member of a tenant’s household or any
guest or other person under the tenant’s
control shall not be cause for
termination of assistance, tenancy, or
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occupancy rights if the tenant or an
affiliated individual of the tenant is the
victim or threatened victim of the
domestic violence, dating violence,
sexual assault, or stalking (emphasis
added).
Affiliated individual. VAWA 2013
defines an ‘‘affiliated individual,’’ with
respect to an individual, as 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.
The 2011 Senate legislation for
reauthorization of VAWA, the VAWA
Reauthorization Act of 2011 (S. 1925),
introduced the term ‘‘affiliated
individual.’’ The Senate Report
accompanying that legislation (Senate
Rpt. 112–153, March 12, 2012)
explained the reason for the
introduction of that term. The report
stated in relevant part as follows: ‘‘[T]o
better reflect the terminology used by
the housing industry, the bill replaces
the term ‘immediate family member’
with ‘affiliated individual’ in referring
to other victims associated with the
tenant who are protected under this
provision.’’ (Senate Rpt. 112–153, at
page 13.6)
C. Rights and Responsibilities of PHAs,
Owners, and Managers
Pre-VAWA 2013: Noninterference
with rights and responsibilities of PHAs,
Owners, and Managers. Pre-VAWA
2013 requirements provided that the
policies governing admission,
occupancy, and termination of
assistance are not to interfere with
certain rights and responsibilities of
public housing agencies (PHAs),
owners, or managers 7 regarding
criminal activity or acts of violence
against family members or others.
Option to bifurcate lease. Specifically,
pre-VAWA 2013 requirements provided
that notwithstanding the restrictions
placed on admission, occupancy, and
termination of occupancy or assistance
as discussed in preceding section B of
this notice, or any Federal, State, or
local law to the contrary, a PHA, owner,
or manager of assisted housing may
bifurcate a lease for housing in order to
evict, remove, or terminate assistance to
any individual who is a tenant or lawful
occupant of the housing who engages in
criminal acts of physical violence
against family members or others
without evicting, removing, terminating
6 See https://www.gpo.gov/fdsys/pkg/CRPT112srpt153/pdf/CRPT-112srpt153.pdf.
7 Please note that in HUD’s housing programs the
term ‘‘manager’’ as used in VAWA 2013 is
synonymous with the phrase ‘‘management agent.’’
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the assistance to, or otherwise
penalizing a victim of such violence,
who is a tenant or lawful occupant
(addressed in 24 CFR 5.2009(a)).
VAWA 2013: Bifurcation of lease and
opportunity to establish eligibility for
remaining tenants. VAWA 2013
continues to allow for lease bifurcation,
but changes the language regarding the
violent acts (‘‘criminal acts of physical
violence against family members or
others’’ becomes ‘‘criminal activity
directly relating to domestic violence,
dating violence, sexual assault, or
stalking against an affiliated individual
or other individual’’), and mandates that
if such bifurcation occurs, and the
removed tenant or lawful occupant was
the sole tenant eligible to receive
assistance under a covered housing
program, the PHA, owner, or manager
shall provide any remaining tenant the
opportunity to establish eligibility for
the covered housing program.
If the remaining tenant cannot
establish eligibility, the PHA, owner, or
manager is required to provide the
tenant a reasonable time to find new
housing or to establish eligibility under
another covered housing program.
VAWA 2013 provides that the
appropriate agency, in this case HUD,
with respect to HUD covered programs,
is to determine what constitutes a
reasonable time.
HUD will provide through rulemaking
or guidance, as may be applicable, what
constitutes a reasonable time for
remaining tenants to find new housing
or establish eligibility under another
HUD covered housing program.
Specific request for comment. HUD
specifically solicits comment from HUD
participants in HUD covered programs
on that period that would be reasonable
to find new housing or establish
eligibility under another HUD covered
housing program.
Pre-VAWA 2013: Restrictions on
implementing VAWA protections. PreVAWA 2013 requirements also provided
restrictions that the law places on
implementing the VAWA protections,
and carrying out the rights and
responsibilities under VAWA, as
discussed in section B. The regulatory
citation in parentheses, which follows
each limitation, provides where this
limitation, as applies to HUD’s public
housing and section 8 programs, is
currently codified in HUD regulations.
Pre-VAWA 2013 requirements provided
that VAWA:
• May not be construed to limit a
PHA, owner, or manager from honoring
various court orders issued to either
protect the victim or address the
distribution of property in case a
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household breaks up (addressed in 24
CFR 5.2009(b));
• Does not limit any otherwise
available authority of a PHA, owner, or
manager to terminate assistance or evict
due to any lease violation unrelated to
domestic violence, dating violence, or
stalking, provided that the owner or
manager does not subject a tenant to a
more demanding standard than other
tenants in determining whether to evict
or terminate assistance (addressed in 24
CFR 5.2005(d)(1));
• May not be construed to limit the
authority of a PHA, owner, or manager
to terminate the assistance of, or evict,
any occupant who can be demonstrated
to pose an actual and imminent threat
to other tenants or the property’s
employees (addressed in 24 CFR
5.2005(d)(2)); and
• Shall not be construed to supersede
any provisions of Federal, State, or local
laws that provide greater protection for
victims of domestic violence, dating
violence, or stalking (addressed in 24
CFR 5.2011).
VAWA 2013: VAWA 2013 extends
these restrictions to all HUD covered
programs. Additionally, PHAs, owners,
and managers must immediately
include victims of sexual assault in the
provision currently described at 24 CFR
5.2005(d)(1). HUD notes that VAWA
2013 does not include victims of sexual
assault in this provision, but as this is
inconsistent with other changes in the
law, HUD believes that the absence of
sexual assault in this provision was an
oversight in the drafting of the statute,
rather than congressional intent to
exclude victims of sexual assault from
this provision.
D. Documentation of Domestic Violence,
Dating Violence, Sexual Assault, or
Stalking, and Confidentiality
Pre-VAWA 2013: Documentation
requirements. Pre-VAWA 2013
requirements allowed a PHA, owner, or
manager of assisted housing to request
documentation that an applicant or
tenant is a victim of domestic violence,
dating violence, or stalking if the
applicant or tenant seeks and requests
the protections of VAWA previously
discussed in this notice (addressed in 24
CFR 5.2007(a)). However, VAWA did
not require a PHA, owner, or manager
of assisted housing to request this
information (addressed in 24 CFR
5.2007(d)). If a tenant or applicant does
not provide this documentation after it
is requested by the PHA, owner, or
manager, then the PHA, owner, or
manager may evict or terminate
assistance of the tenant or a family
member, for violations of the lease or
family obligations that otherwise would
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constitute good cause to evict or
grounds for termination (addressed in
24 CFR 5.2007(c)).
Acceptable forms of documentation
include the following (the regulatory
citation in parentheses that follows each
form of documentation, as applies to
HUD’s public housing and section 8
programs, provides where this
documentation is currently codified in
HUD regulations):
• A certification form approved by
HUD that states that an applicant or
tenant is a victim of domestic violence,
dating violence, or stalking, the incident
of domestic violence, dating violence,
sexual assault, or stalking that requires
protection, and the name of the
perpetrator (addressed in 24 CFR
5.2007(b)(1) and the HUD-approved
forms are HUD–50066 and HUD–
91066 8);
• A document that is signed by the
applicant or tenant and an employee,
agent, or volunteer of a victim service
provider, an attorney, or a medical
professional, from whom the applicant
or tenant has sought assistance relating
to domestic violence, dating violence, or
stalking, or the effects of abuse, in
which the professional states, under
penalty of perjury, that he or she
believes that the abuse meets the
requirements found in VAWA
(addressed in 24 CFR 5.2007(b)(3));
• A Federal, State, tribal, territorial,
or local police report or court record
(addressed in 24 CFR 5.2007(b)(2)); or
• A statement or other evidence
provided by an applicant or tenant, at
the discretion of the PHA, owner, or
manager (addressed in 24 CFR
5.2007(d)).
The applicant or tenant must provide
the documentation within 14 business
days after the date that the applicant or
tenant receives a request in writing for
such documentation, though the PHA,
owner, or manager of assisted housing
may extend the 14-day deadline at his
or her discretion (addressed in 24 CFR
5.2007(a)).
Confidentiality requirements. PreVAWA 2013 requirements mandated
that any information submitted to a
PHA, owner, or manager regarding
domestic violence, dating violence, or
stalking, including the fact that the
individual is a victim of such abuse, be
kept confidential and may not be
8 The HUD-approved certification form, HUD–
50066, is used by the HUD covered programs
administered by HUD’s Office of Public and Indian
Housing. The HUD-approved certification form,
HUD–91066, is used by the HUD covered programs
administered by HUD’s Office of Multifamily
Housing, Office of Housing. These forms are
available at: https://portal.hud.gov/hudportal/
HUD?src=/program_offices/administration/
hudclips/forms/.
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19:47 Aug 05, 2013
Jkt 229001
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, or
otherwise required by applicable law
(addressed in 24 CFR 5.2007(b)(4)). If a
PHA, manager, or owner receives
documentation that contains conflicting
information, the PHA, owner, or
manager may require an applicant or
tenant to submit third-party
documentation (addressed in 24 CFR
5.2007(e)).
VAWA 2013: Documentation and
confidentiality requirements. VAWA
2013 extends the documentation and
confidentiality provisions found in the
existing VAWA requirements to all HUD
covered programs. VAWA 2013, as did
VAWA, requires a certification form
approved by the appropriate agency,
which is HUD for the HUD covered
programs.
Development of forms for new HUD
covered programs. HUD will develop
forms, similar to forms HUD–50066 and
HUD–91066 for the newly covered HUD
programs.
Specific request for comment. HUD
specifically solicits comment on how
these forms may be adapted for the
newly covered HUD programs.
Increased confidentiality and
statement of mental health professional.
Changes made by VAWA 2013 to the
documentation and confidentiality
requirements currently reflected at 24
CFR, part 5, subpart L are as follows:
• Sexual assault is added to the list of
domestic violence, dating violence, or
stalking;
• The victim of domestic violence,
dating violence, sexual assault, or
stalking is required to provide the name
of the perpetrator on the HUD-approved
certification form only if the name of the
perpetrator is safe to provide and is
known to the victim;
• An acceptable form of
documentation includes a document
that is signed by the applicant or tenant
and a mental health professional from
whom the applicant or tenant has
sought assistance relating to domestic
violence, dating violence, sexual
assault, or stalking, or the effects of such
actions, and states, under penalty of
perjury, that the mental health
professional believes that the domestic
violence, dating violence, sexual
assault, or stalking meets the
requirements found in VAWA 2013; and
• An acceptable form of
documentation includes a record of an
administrative agency.
Modification to existing forms. HUD
will modify its existing forms, HUD–
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
47721
50066 and HUD–91066, to ensure that
the forms reflect an obligation on the
part of the victim to provide the name
of the perpetrator only if it is safe to
provide and if it is known to the victim.
HUD will also modify its existing forms
to reflect the additional acceptable
forms of documentation that the victim
may submit; for example, a document
signed by the tenant, or a mental health
professional or an administrative agency
record. In addition, HUD will modify its
forms to cover victims of sexual assault.
E. No superseding of greater protections
Pre-VAWA 2013: VAWA provides that
protections provided by VAWA do not
supersede any provision of any Federal,
State, or local law that provides greater
protection for victims of domestic
violence, dating violence, or stalking
(addressed in 24 CFR 5.2011).
VAWA 2013: VAWA 2013 expands
this provision to all covered housing
programs and adds sexual assault to the
list of domestic violence, dating
violence, or stalking.
F. Notification
Pre-VAWA 2013: Notification of
VAWA protections. Pre-VAWA 2013
requirements obligated each PHA,
owner, and manager of assisted housing
to provide notice to tenants of their
VAWA rights, including the right to
confidentiality and the limits thereof
(addressed in 24 CFR 5.2005(a))(1) and
5.2005(a)(3)). Additionally, pre-VAWA
2013 requirements obligated each PHA
to provide notice to owners and
managers of assisted housing of their
rights and obligations under VAWA
(addressed in 24 CFR 5.2005(a)(2)).
VAWA 2013: Enhanced notification of
VAWA protections. VAWA 2013
extends the requirements addressed at
24 CFR 5.2005(a)(1) and 5.2005(a)(3) to
all covered HUD programs, but requires
that HUD, as opposed to the individual
housing provider, develop the notice
outlining the applicant or tenant’s
rights. VAWA 2013 removes the
statutory requirement addressed at 24
CFR 5.2005(a)(2), but this requirement is
still in effect (via HUD’s regulation) for
the section 8 program. Additionally,
VAWA 2013 requires that the notice be
provided together with the certification
form discussed in section D of this
notice. VAWA 2013 also requires notice
to be provided at the time the applicant
is denied residency in a dwelling unit,
at the time the individual is admitted to
a dwelling unit, 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
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Development in accordance with
Executive Order 13166.
Development of Notice of Rights. HUD
is developing the notice of rights, which
will be issued first for comment under
the Paperwork Reduction Act.
Specific request for comment. HUD
specifically solicits comment, in
advance of issuance of a notice for
comment under the Paperwork
Reduction Act, on the content of the
notice of tenant’s rights.
G. Emergency Transfers—New
Provisions in VAWA 2013
VAWA 2013 adds increased
protection for victims of abuse by
requiring HUD to adopt a model
emergency transfer plan for use by
PHAs, owners, managers or other
housing providers participating in HUD
covered programs. The model plan must
allow tenants who are victims of
domestic violence, dating violence,
sexual assault, or stalking to transfer to
another available and safe dwelling
under a covered housing program and
must incorporate reasonable
confidentiality measures to ensure that
the public housing agency or owner or
manager does not disclose the location
of the new dwelling unit of a tenant to
a person that commits an act of
domestic violence, dating violence,
sexual assault, or stalking against the
tenant. The tenant can be granted a
transfer only if the tenant requests a
transfer, and either the tenant
reasonably believes he or she is
threatened with imminent harm from
further violence if he or she remains in
the unit or, if the tenant is a sexual
assault victim, the sexual assault
occurred on the premises during the 90day period preceding the transfer
request. Any transfer is subject to the
availability of other assisted housing
and subject to all other HUD
requirements being met.
In addition, VAWA 2013 requires
HUD to establish policies and
procedures under which victims of
abuse requesting an emergency transfer
may receive, subject to the availability
of tenant protection vouchers, assistance
through the tenant-based section 8
program.
Specific Request for Comment. HUD
specifically requests comments on the
content of the model emergency transfer
plan and the implementation of the
tenant protection vouchers provision.
III. Complying with VAWA 2013
Requirements
As noted earlier in this notice, HUD
will undertake rulemaking to conform
its existing VAWA regulations,
currently applicable to public housing
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and section 8 programs, to the new
statutory language and requirements,
and to put in place VAWA regulations
for all the HUD covered programs.
HUD’s Public Housing and Section 8
Programs. Since HUD’s public housing
and section 8 programs already have
VAWA regulations in place, compliance
with the VAWA 2013 requirements will
be easier for PHAs, owners, and
managers participating in these
programs. With the exception of
emergency transfer plans and the
determination of what is a ‘‘reasonable
time’’ for a victim to find new housing
or establish eligibility for another HUD
program after the abuser (a person that
commits an act of domestic violence,
dating violence, sexual assault, or
stalking) has been removed from the
program, PHAs, owners, or managers
administering public or section 8
housing will continue to provide VAWA
protections as provided in 24 CFR part
5, subpart L, as those protections are
enhanced by VAWA 2013. Before such
time that HUD develops the model
Emergency Transfer Plan, PHAs,
owners, or managers may continue to
implement any transfer plan at that
property/program as described in an
agency’s admissions and occupancy
plan or administrative plan.
New HUD Covered Programs. For
those HUD covered programs that were
not previously required to offer VAWA
protections, HUD recognizes that full
compliance with VAWA 2013 may be
challenging at this time. Although all
housing providers in HUD covered
programs are concerned with the safety
of their tenants and strive to ensure that
tenants feel safe in their housing and the
neighborhood in which the housing is
located, HUD recognizes the challenge
for maintaining safety that is presented
by domestic violence since the threat to
safety is generally in the tenant’s own
household, and the overall shortage of
available affordable housing can
complicate the ability to immediately
transfer victims of domestic violence to
other housing. The complications may
be eased somewhat as a result of
protections for victims of domestic
violence provided by State and local
laws.9 Having these types of laws in
place across the Nation may help to
facilitate compliance with VAWA 2013.
Guidance to be issued for new HUD
covered programs. Recognizing the
challenges facing participants in the
new HUD covered programs that are
now subject to VAWA requirements,
9 See compendium of State and local laws that
affect domestic violence survivors’ housing rights
compiled by the National Housing Law Project at
https://nhlp.org/files/Domestic%20violence%20
housing%20compendium%20FINAL7.pdf.
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
HUD will be issuing administrative
guidance to help programs comply with
VAWA 2013, in addition to
promulgating regulations.
IV. Solicitation of Comment
In this notice, HUD has highlighted
certain issues for which comment is
specifically sought, but welcomes
comment on any aspect of this notice.
Dated: July 31, 2013.
Shaun Donovan,
Secretary.
[FR Doc. 2013–18920 Filed 8–5–13; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2013–N162;
FXES11130400000C2–134–FF040E00000]
Endangered and Threatened Wildlife
and Plants; Recovery Plan for Alabama
Sturgeon
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the Fish and Wildlife
Service, announce the availability of the
final recovery plan for the endangered
Alabama sturgeon. The final plan
includes specific recovery objectives
and criteria to be met in order to
downlist the species to threatened
under the Endangered Species Act of
1973, as amended (Act).
ADDRESSES: You may obtain a copy of
the recovery plan by contacting Jeff
Powell at the Daphne Field Office, by
U.S. mail at U.S. Fish and Wildlife
Service, Alabama Field Office, 1208–B
Main Street, Daphne, AL 36532, or by
telephone at 251–441–5858.
Alternatively, you may visit the Fish
and Wildlife Service’s recovery plan
Web site at https://endangered.fws.gov/
recovery/#plans or the
Daphne Field Office Web site at https://
www.fws.gov/daphne/ to obtain a copy.
FOR FURTHER INFORMATION CONTACT: Jeff
Powell, at the above addresses or by
telephone at 251–441–5858.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
We listed the Alabama sturgeon
(Scaphirhyncus suttkusi) as an
endangered species under the Act (16
U.S.C. 1531 et seq.) on May 5, 2000 (65
FR 26438) and designated critical
habitat for the species on June 2, 2009
(74 FR 26488). The species’ historic
range encompassed all major rivers in
the Mobile Basin, below the Fall Line,
E:\FR\FM\06AUN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47717-47722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18920]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5720-N-01]
The Violence Against Women Reauthorization Act of 2013: Overview
of Applicability to HUD Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice provides an overview of the applicability to HUD
programs of the recently enacted Violence Against Women Reauthorization
Act of 2013. The 2013 law expands the number of HUD programs subject to
the statute's protections beyond HUD's public housing and section 8
tenant-based and project-based programs. This notice highlights the key
changes made by this statute, lists the HUD programs now covered by
this statute, provides an overview of key provisions applicable to HUD
programs, and advises of HUD's plans to issue rules or guidance on this
new law. This notice is not program guidance for any individual HUD
program covered by the new law. HUD will issue guidance and/or rules,
as may be applicable, for covered programs at a later date. This notice
is issued to provide an overview of the Violence Against Women
Reauthorization Act of 2013, and alert HUD's program participants to
the provisions applicable to HUD programs.
In addition to providing an overview, this notice seeks comment
from HUD program participants and other interested members of the
public on certain issues. Comments received in response to this
solicitation will aid HUD in developing additional guidance and
regulations.
DATES: Comment Due Date: October 7, 2013.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the docket number and
title above.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
[[Page 47718]]
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the document.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Individuals with speech or
hearing impairments may access this number via TTY by calling the
Federal Relay Service at 800-877-8339. Copies of all comments submitted
are available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION: For information about: HUD's Public Housing
program, contact Becky Primeaux, Director, Public Housing Management
and Operations Division, Office of Public and Indian Housing, Room
4210, telephone number 202-402-6050; HUD's Housing Choice Voucher
program (Section 8) contact Laure Rawson, Director, Housing Voucher
Management and Operations Division, Office of Public and Indian
Housing, Room 4216, telephone number 202-402-2425; HUD's Multifamily
Housing programs, contact Catherine M. Brennan, Director, Housing
Assistance Policy Division, Office of Housing, telephone number 202-
708-3000; HUD's HOME Investment Partnerships program, contact Virginia
Sardone, Deputy Director, Office of Affordable Housing Programs, Office
of Community Planning and Development, Room 7164, telephone number 202-
708-2684; HUD's Housing Opportunities for Persons With Aids (HOPWA)
program, please contact William Rudy, Deputy Director, Office of HIV/
AIDS Housing, Office of Community Planning and Development, telephone
number 202-708-1934; and HUD's Homeless programs, contact Ann Marie
Oliva, Director, Office of Special Needs Assistance, Office of
Community Planning and Development, telephone number 202-708-4300. The
address for all offices is the Department of Housing and Urban
Development, 451 7th Street SW., Washington, DC 20410. The telephone
numbers listed above are not toll-free numbers. Persons with hearing or
speech impairments may access these numbers through TTY by calling the
toll-free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 7, 2013, President Obama signed into law the Violence
Against Women Reauthorization Act of 2013 (Pub. L. 113-4, 127 Stat. 54)
(VAWA 2013). VAWA 2013 reauthorizes and amends the Violence Against
Women Act of 1994, as previously amended, (title IV, sec. 40001-40703
of Pub. L. 103-322, 42 U.S.C. 13925 et seq.) \1\ VAWA 2013, among other
things, enhances judicial and law enforcement tools to combat violence
against women; improves services for victims; enhances services,
protection, and justice for young victims of violence; strengthens the
health care system's response to violence against women; and expands
protections for Native American women and immigrants. The provisions of
VAWA 2013 that are applicable to HUD programs are found in title VI of
VAWA 2013, which is entitled ``Safe Homes for Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking.'' Section 601
of VAWA 2013 amends subtitle N of VAWA (42 U.S.C. 14043e et seq.) to
add a new chapter entitled ``Housing Rights.''
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\1\ In this notice, the Violence Against Women Act of 1994, as
amended over the years, is referred to solely as VAWA unless it is
necessary or appropriate to refer to a specific reauthorization of
VAWA. VAWA, established in 1994 as title IV of the Violent Crime
Control and Law Enforcement Act of 1994, (Pub. L. 103-322, approved
September 13, 1994), has been reauthorized in 2000 through Division
B of the Victims of Trafficking and Violence Protection Act of 2000
(Pub. L. 106-386) and in 2005 through The Violence Against Women Act
and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-
162) (VAWA 2005). The references to ``VAWA'' in this notice include
the amendments in 2000 and 2005, unless explicitly noted otherwise.
The full text of the new law in pdf and plain text versions can be
found, respectively, at https://www.gpo.gov/fdsys/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf, and https://www.gpo.gov/fdsys/pkg/PLAW-113publ4/html/PLAW 113publ4.htm.
---------------------------------------------------------------------------
Section 4 of VAWA 2013, entitled ``Effective Date,'' provides that
``Except as otherwise specifically provided in this Act, the provisions
of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of
this Act shall not take effect until the beginning of the fiscal year
following the date of enactment of this Act.'' Section 601 of title VI,
which addresses HUD programs, does not have a one-year delayed
effective date. (Section 602 of title VI addresses a housing grants
program administered by the Department of Justice.) While the
provisions of section 601 are effective upon enactment, this does not
mean that these provisions are self-executing (self-executing means no
implementing or interpreting regulation is necessary to enable the
regulated parties to comply with the new provisions). VAWA 2005 was
largely self-executing because VAWA 2005 amended the authorizing
statutes for HUD's public housing and tenant-based and project-based
section 8 programs and, by working within the framework of those
statutes, VAWA 2005 facilitated the ability for participants in HUD's
public housing and section 8 programs to immediately comply with the
VAWA 2005 provisions. VAWA 2013 did not amend the authorizing statutes
for the newly covered HUD programs, and therefore additional guidance
and rulemaking will be required to enable and facilitate compliance
with the VAWA 2013 provisions.
HUD Statutes and Programs Affected by VAWA 2013. In addition to
HUD's public housing and section 8 tenant-based and project-based
rental assistance programs that were subject to VAWA, VAWA 2013 makes
the following HUD programs subject to the VAWA protections:
Section 202 Supportive Housing for the Elderly (12 U.S.C.
1701q) \2\;
---------------------------------------------------------------------------
\2\ It is HUD's view that VAWA 2013 does not cover Section 202
Direct Loan projects that are without project-based section 8
assistance. The statutory definition to ``covered housing program''
cites to the current section 202 (capital advance) authority. In
cases where Congress seeks to make requirements applicable to the
Section 202 Direct Loan projects, Congress would include language
such as ``section 202 of the Housing Act of 1959 as in effect before
the enactment of the Cranston-Gonzalez National Affordable Housing
Act of 1990,'' as seen in the American Homeownership Economic
Opportunity Act of 2000 (AHEO), as amended by the Section 202
Supportive Housing for the Elderly Act of 2010. Such language was
not included in VAWA 2013. VAWA 2013 is also not applicable to
section 202 when such assistance is coupled with Section 162
Assistance (Project Assistance Contracts). Additionally, VAWA 2013
is not applicable to the new Senior Preservation Rental Assistance
Contracts.
---------------------------------------------------------------------------
Section 811 Supportive Housing for Persons with
Disabilities (42 U.S.C. 8013) \3\;
---------------------------------------------------------------------------
\3\ This includes the Capital Advance Program, as well as the
section 811 Rental Assistance Program, as authorized under the Frank
Melville Supportive Housing Investment Act.
---------------------------------------------------------------------------
Housing Opportunities for Persons With AIDS (HOPWA)
program (42 U.S.C. 12901 et seq.);
HOME Investment Partnerships (HOME) program (42 U.S.C.
12741 et seq.); Homeless programs under title IV of the McKinney-Vento
Homeless
[[Page 47719]]
Assistance Act (McKinney-Vento) (42 U.S.C. 11360 et seq.) \4\;
---------------------------------------------------------------------------
\4\ VAWA 2013 states that ``the program under subtitle A of
title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.)'' is a VAWA covered housing program. However,
subtitle A of title IV does not include a program. Therefore, HUD
submits that it was Congress's intent to include the programs found
elsewhere in title IV, which include the Emergency Solutions Grants
program, the Continuum of Care program, and the Rural Housing
Assistance Stability program.
---------------------------------------------------------------------------
Federal Housing Administration (FHA) mortgage insurance
for multifamily rental housing, under section 221(d)(3) of the National
Housing Act (12 U.S.C. 17151(d)) with a below-market interest rate
pursuant to section 221(d)(5) (such housing is eligible for FHA
mortgage insurance for single-room occupancy pursuant to section 223(g)
of the National Housing Act);
FHA mortgage insurance for multifamily rental housing
under section 236 of the National Housing Act (12 U.S.C. 1715z-1); and
HUD programs assisted under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.), specifically, public housing under
section 6 of the 1937 Act (42 U.S.C. 1437d) and tenant-based and
project-based rental assistance under section 8 of the 1937 Act (42
U.S.C. 1437f).
These HUD programs, together with rural housing assistance under
certain sections of the Housing Act of 1949 and the low-income housing
tax credit program under section 42 of the Internal Revenue Code, are
referred to collectively in this notice, as ``covered housing
programs.'' In this notice, HUD refers to the HUD programs included in
the covered housing programs as ``HUD covered programs.'' Housing made
available under the HUD covered programs will be referred to as
``assisted housing'' in this notice.
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.
II. Pre-VAWA 2013 Requirements Compared to VAWA 2013 Requirements
Regulations pertaining to VAWA protections and rights and
responsibilities are already in place, in 24 CFR part 5, subpart L, for
HUD's public housing and section 8 tenant-based and project-based
rental assistance (collectively, the section 8 program). VAWA 2005 \5\
made VAWA protections applicable to HUD's public housing and section 8
programs. The VAWA 2013 amendments to sections 6 and 8 of the 1937 Act
remove from these two sections of the 1937 Act certain provisions
relating to admission, occupancy, and termination of assistance
policies and rights and responsibilities of PHAs, owners, and managers
as such policies and responsibilities relate to domestic violence,
dating violence, and stalking; the documentation of these acts and
confidentiality; and related definitions. These provisions are removed
from the 1937 Act because, as discussed in more detail below, VAWA 2013
relocates these provisions to section 41441 of VAWA, which makes these
provisions applicable to the programs added by VAWA 2013, and continues
to make these provisions applicable to sections 6 and 8 of the 1937
Act. VAWA 2013 expands VAWA protections beyond sections 6 and 8 of the
1937 Act, but does not amend the authorizing statutes for the HUD
covered programs. For purposes of clarity in this notice, the statutory
requirements that were previously in place for sections 6 and 8 of the
Housing Act of 1937 are referred to as ``pre-VAWA 2013'' requirements
throughout this notice.
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\5\ See footnote 1.
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The following section provides a review of the pre-VAWA 2013
requirements and highlights the changes made by VAWA 2013. While
rulemaking will be needed to conform HUD's existing VAWA regulations to
the VAWA 2013 requirements and to establish VAWA regulations for the
HUD programs newly covered by VAWA 2013, the following also identifies
specific issues for which HUD seeks comment to inform HUD in the
development of regulations or guidance, or both, as may be applicable.
A. Coverage for Victims of Sexual Assault
Pre-VAWA 2013: Absence of reference to victims of sexual assault in
HUD covered programs. Although VAWA 2005 contained provisions for
protection of victims of sexual assault (see 42 U.S.C. 14043e-1),
reference to protection of victims of sexual assault was not part of
the VAWA 2005 requirements applicable to HUD programs; that is,
reference to victims of sexual assault was not included in the
amendments to sections 6 and 8 of the 1937 Act. (See 42 U.S.C. 1437d(3)
and 1437f(9) prior to amendment by VAWA 2013.) ``Sexual assault'' is
defined as ``any nonconsensual sexual act proscribed by Federal,
tribal, or State law, including when the victim lacks capacity to
consent'' (42 U.S.C. 13925(a)).
VAWA 2013: Coverage of victims of sexual assault in HUD covered
programs. VAWA 2013 extends these protections to victims of sexual
assault participating in HUD covered programs.
B. Admission, Occupancy, and Termination of Assistance Policies
Pre-VAWA 2013: The pre-VAWA 2013 requirements provided the
following protections relating to admission, occupancy, and termination
of assistance policies. The regulatory citation in parentheses that
follows each protection provides where this protection, as applies to
HUD's public housing and section 8 programs, is currently codified in
HUD regulations:
Being a victim of domestic violence, dating violence, or
stalking, as these terms are defined in the law, is not a basis for
denial of assistance or admission to assisted housing if the applicant
otherwise qualifies for assistance or admission (addressed in 24 CFR
5.2005(b));
Incidents or threats of domestic violence, dating
violence, or stalking will not be construed as serious or repeated
violations of the lease or as ``good cause'' for termination of the
assistance, tenancy, or occupancy rights of the victim (addressed in 24
CFR 5.2005(c)(1)); and
Criminal activity directly relating to domestic violence,
dating violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's control,
shall not be cause for termination of assistance, tenancy, or occupancy
rights if the tenant or an immediate family member of the tenant is the
victim (addressed in 24 CFR 5.2005(c)(2)).
VAWA 2013: The protections described above are also included in
VAWA 2013 and apply to all HUD covered programs. In each of the
protections described above, VAWA 2013 also adds sexual assault
whenever the pre-VAWA 2013 language references ``domestic violence,
dating violence, or stalking.''
Criminal activity. VAWA 2013 also expands protections relating to
the prohibition of terminating assistance because of criminal activity
directly relating to domestic violence, dating violence, sexual
assault, or stalking by replacing the term ``immediate family member''
with ``affiliated individual.'' VAWA 2013 provides that criminal
activity directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of a
tenant's household or any guest or other person under the tenant's
control shall not be cause for termination of assistance, tenancy, or
[[Page 47720]]
occupancy rights if the tenant or an affiliated individual of the
tenant is the victim or threatened victim of the domestic violence,
dating violence, sexual assault, or stalking (emphasis added).
Affiliated individual. VAWA 2013 defines an ``affiliated
individual,'' with respect to an individual, as 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.
The 2011 Senate legislation for reauthorization of VAWA, the VAWA
Reauthorization Act of 2011 (S. 1925), introduced the term ``affiliated
individual.'' The Senate Report accompanying that legislation (Senate
Rpt. 112-153, March 12, 2012) explained the reason for the introduction
of that term. The report stated in relevant part as follows: ``[T]o
better reflect the terminology used by the housing industry, the bill
replaces the term `immediate family member' with `affiliated
individual' in referring to other victims associated with the tenant
who are protected under this provision.'' (Senate Rpt. 112-153, at page
13.\6\)
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\6\ See https://www.gpo.gov/fdsys/pkg/CRPT-112srpt153/pdf/CRPT-112srpt153.pdf.
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C. Rights and Responsibilities of PHAs, Owners, and Managers
Pre-VAWA 2013: Noninterference with rights and responsibilities of
PHAs, Owners, and Managers. Pre-VAWA 2013 requirements provided that
the policies governing admission, occupancy, and termination of
assistance are not to interfere with certain rights and
responsibilities of public housing agencies (PHAs), owners, or managers
\7\ regarding criminal activity or acts of violence against family
members or others.
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\7\ Please note that in HUD's housing programs the term
``manager'' as used in VAWA 2013 is synonymous with the phrase
``management agent.''
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Option to bifurcate lease. Specifically, pre-VAWA 2013 requirements
provided that notwithstanding the restrictions placed on admission,
occupancy, and termination of occupancy or assistance as discussed in
preceding section B of this notice, or any Federal, State, or local law
to the contrary, a PHA, owner, or manager of assisted housing may
bifurcate a lease for housing in order to evict, remove, or terminate
assistance to any individual who is a tenant or lawful occupant of the
housing who engages in criminal acts of physical violence against
family members or others without evicting, removing, terminating the
assistance to, or otherwise penalizing a victim of such violence, who
is a tenant or lawful occupant (addressed in 24 CFR 5.2009(a)).
VAWA 2013: Bifurcation of lease and opportunity to establish
eligibility for remaining tenants. VAWA 2013 continues to allow for
lease bifurcation, but changes the language regarding the violent acts
(``criminal acts of physical violence against family members or
others'' becomes ``criminal activity directly relating to domestic
violence, dating violence, sexual assault, or stalking against an
affiliated individual or other individual''), and mandates that if such
bifurcation occurs, and the removed tenant or lawful occupant was the
sole tenant eligible to receive assistance under a covered housing
program, the PHA, owner, or manager shall provide any remaining tenant
the opportunity to establish eligibility for the covered housing
program.
If the remaining tenant cannot establish eligibility, the PHA,
owner, or manager is required to provide the tenant a reasonable time
to find new housing or to establish eligibility under another covered
housing program. VAWA 2013 provides that the appropriate agency, in
this case HUD, with respect to HUD covered programs, is to determine
what constitutes a reasonable time.
HUD will provide through rulemaking or guidance, as may be
applicable, what constitutes a reasonable time for remaining tenants to
find new housing or establish eligibility under another HUD covered
housing program.
Specific request for comment. HUD specifically solicits comment
from HUD participants in HUD covered programs on that period that would
be reasonable to find new housing or establish eligibility under
another HUD covered housing program.
Pre-VAWA 2013: Restrictions on implementing VAWA protections. Pre-
VAWA 2013 requirements also provided restrictions that the law places
on implementing the VAWA protections, and carrying out the rights and
responsibilities under VAWA, as discussed in section B. The regulatory
citation in parentheses, which follows each limitation, provides where
this limitation, as applies to HUD's public housing and section 8
programs, is currently codified in HUD regulations. Pre-VAWA 2013
requirements provided that VAWA:
May not be construed to limit a PHA, owner, or manager
from honoring various court orders issued to either protect the victim
or address the distribution of property in case a household breaks up
(addressed in 24 CFR 5.2009(b));
Does not limit any otherwise available authority of a PHA,
owner, or manager to terminate assistance or evict due to any lease
violation unrelated to domestic violence, dating violence, or stalking,
provided that the owner or manager does not subject a tenant to a more
demanding standard than other tenants in determining whether to evict
or terminate assistance (addressed in 24 CFR 5.2005(d)(1));
May not be construed to limit the authority of a PHA,
owner, or manager to terminate the assistance of, or evict, any
occupant who can be demonstrated to pose an actual and imminent threat
to other tenants or the property's employees (addressed in 24 CFR
5.2005(d)(2)); and
Shall not be construed to supersede any provisions of
Federal, State, or local laws that provide greater protection for
victims of domestic violence, dating violence, or stalking (addressed
in 24 CFR 5.2011).
VAWA 2013: VAWA 2013 extends these restrictions to all HUD covered
programs. Additionally, PHAs, owners, and managers must immediately
include victims of sexual assault in the provision currently described
at 24 CFR 5.2005(d)(1). HUD notes that VAWA 2013 does not include
victims of sexual assault in this provision, but as this is
inconsistent with other changes in the law, HUD believes that the
absence of sexual assault in this provision was an oversight in the
drafting of the statute, rather than congressional intent to exclude
victims of sexual assault from this provision.
D. Documentation of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking, and Confidentiality
Pre-VAWA 2013: Documentation requirements. Pre-VAWA 2013
requirements allowed a PHA, owner, or manager of assisted housing to
request documentation that an applicant or tenant is a victim of
domestic violence, dating violence, or stalking if the applicant or
tenant seeks and requests the protections of VAWA previously discussed
in this notice (addressed in 24 CFR 5.2007(a)). However, VAWA did not
require a PHA, owner, or manager of assisted housing to request this
information (addressed in 24 CFR 5.2007(d)). If a tenant or applicant
does not provide this documentation after it is requested by the PHA,
owner, or manager, then the PHA, owner, or manager may evict or
terminate assistance of the tenant or a family member, for violations
of the lease or family obligations that otherwise would
[[Page 47721]]
constitute good cause to evict or grounds for termination (addressed in
24 CFR 5.2007(c)).
Acceptable forms of documentation include the following (the
regulatory citation in parentheses that follows each form of
documentation, as applies to HUD's public housing and section 8
programs, provides where this documentation is currently codified in
HUD regulations):
A certification form approved by HUD that states that an
applicant or tenant is a victim of domestic violence, dating violence,
or stalking, the incident of domestic violence, dating violence, sexual
assault, or stalking that requires protection, and the name of the
perpetrator (addressed in 24 CFR 5.2007(b)(1) and the HUD-approved
forms are HUD-50066 and HUD-91066 \8\);
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\8\ The HUD-approved certification form, HUD-50066, is used by
the HUD covered programs administered by HUD's Office of Public and
Indian Housing. The HUD-approved certification form, HUD-91066, is
used by the HUD covered programs administered by HUD's Office of
Multifamily Housing, Office of Housing. These forms are available
at: https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/.
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A document that is signed by the applicant or tenant and
an employee, agent, or volunteer of a victim service provider, an
attorney, or a medical professional, from whom the applicant or tenant
has sought assistance relating to domestic violence, dating violence,
or stalking, or the effects of abuse, in which the professional states,
under penalty of perjury, that he or she believes that the abuse meets
the requirements found in VAWA (addressed in 24 CFR 5.2007(b)(3));
A Federal, State, tribal, territorial, or local police
report or court record (addressed in 24 CFR 5.2007(b)(2)); or
A statement or other evidence provided by an applicant or
tenant, at the discretion of the PHA, owner, or manager (addressed in
24 CFR 5.2007(d)).
The applicant or tenant must provide the documentation within 14
business days after the date that the applicant or tenant receives a
request in writing for such documentation, though the PHA, owner, or
manager of assisted housing may extend the 14-day deadline at his or
her discretion (addressed in 24 CFR 5.2007(a)).
Confidentiality requirements. Pre-VAWA 2013 requirements mandated
that any information submitted to a PHA, owner, or manager regarding
domestic violence, dating violence, or stalking, including the fact
that the individual is a victim of such abuse, be kept confidential 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, or otherwise required by applicable law
(addressed in 24 CFR 5.2007(b)(4)). If a PHA, manager, or owner
receives documentation that contains conflicting information, the PHA,
owner, or manager may require an applicant or tenant to submit third-
party documentation (addressed in 24 CFR 5.2007(e)).
VAWA 2013: Documentation and confidentiality requirements. VAWA
2013 extends the documentation and confidentiality provisions found in
the existing VAWA requirements to all HUD covered programs. VAWA 2013,
as did VAWA, requires a certification form approved by the appropriate
agency, which is HUD for the HUD covered programs.
Development of forms for new HUD covered programs. HUD will develop
forms, similar to forms HUD-50066 and HUD-91066 for the newly covered
HUD programs.
Specific request for comment. HUD specifically solicits comment on
how these forms may be adapted for the newly covered HUD programs.
Increased confidentiality and statement of mental health
professional. Changes made by VAWA 2013 to the documentation and
confidentiality requirements currently reflected at 24 CFR, part 5,
subpart L are as follows:
Sexual assault is added to the list of domestic violence,
dating violence, or stalking;
The victim of domestic violence, dating violence, sexual
assault, or stalking is required to provide the name of the perpetrator
on the HUD-approved certification form only if the name of the
perpetrator is safe to provide and is known to the victim;
An acceptable form of documentation includes a document
that is signed by the applicant or tenant and a mental health
professional from whom the applicant or tenant has sought assistance
relating to domestic violence, dating violence, sexual assault, or
stalking, or the effects of such actions, and states, under penalty of
perjury, that the mental health professional believes that the domestic
violence, dating violence, sexual assault, or stalking meets the
requirements found in VAWA 2013; and
An acceptable form of documentation includes a record of
an administrative agency.
Modification to existing forms. HUD will modify its existing forms,
HUD-50066 and HUD-91066, to ensure that the forms reflect an obligation
on the part of the victim to provide the name of the perpetrator only
if it is safe to provide and if it is known to the victim. HUD will
also modify its existing forms to reflect the additional acceptable
forms of documentation that the victim may submit; for example, a
document signed by the tenant, or a mental health professional or an
administrative agency record. In addition, HUD will modify its forms to
cover victims of sexual assault.
E. No superseding of greater protections
Pre-VAWA 2013: VAWA provides that protections provided by VAWA do
not supersede any provision of any Federal, State, or local law that
provides greater protection for victims of domestic violence, dating
violence, or stalking (addressed in 24 CFR 5.2011).
VAWA 2013: VAWA 2013 expands this provision to all covered housing
programs and adds sexual assault to the list of domestic violence,
dating violence, or stalking.
F. Notification
Pre-VAWA 2013: Notification of VAWA protections. Pre-VAWA 2013
requirements obligated each PHA, owner, and manager of assisted housing
to provide notice to tenants of their VAWA rights, including the right
to confidentiality and the limits thereof (addressed in 24 CFR
5.2005(a))(1) and 5.2005(a)(3)). Additionally, pre-VAWA 2013
requirements obligated each PHA to provide notice to owners and
managers of assisted housing of their rights and obligations under VAWA
(addressed in 24 CFR 5.2005(a)(2)).
VAWA 2013: Enhanced notification of VAWA protections. VAWA 2013
extends the requirements addressed at 24 CFR 5.2005(a)(1) and
5.2005(a)(3) to all covered HUD programs, but requires that HUD, as
opposed to the individual housing provider, develop the notice
outlining the applicant or tenant's rights. VAWA 2013 removes the
statutory requirement addressed at 24 CFR 5.2005(a)(2), but this
requirement is still in effect (via HUD's regulation) for the section 8
program. Additionally, VAWA 2013 requires that the notice be provided
together with the certification form discussed in section D of this
notice. VAWA 2013 also requires notice to be provided at the time the
applicant is denied residency in a dwelling unit, at the time the
individual is admitted to a dwelling unit, 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
[[Page 47722]]
Development in accordance with Executive Order 13166.
Development of Notice of Rights. HUD is developing the notice of
rights, which will be issued first for comment under the Paperwork
Reduction Act.
Specific request for comment. HUD specifically solicits comment, in
advance of issuance of a notice for comment under the Paperwork
Reduction Act, on the content of the notice of tenant's rights.
G. Emergency Transfers--New Provisions in VAWA 2013
VAWA 2013 adds increased protection for victims of abuse by
requiring HUD to adopt a model emergency transfer plan for use by PHAs,
owners, managers or other housing providers participating in HUD
covered programs. The model plan must allow tenants who are victims of
domestic violence, dating violence, sexual assault, or stalking to
transfer to another available and safe dwelling under a covered housing
program and must incorporate reasonable confidentiality measures to
ensure that the public housing agency or owner or manager does not
disclose the location of the new dwelling unit of a tenant to a person
that commits an act of domestic violence, dating violence, sexual
assault, or stalking against the tenant. The tenant can be granted a
transfer only if the tenant requests a transfer, and either the tenant
reasonably believes he or she is threatened with imminent harm from
further violence if he or she remains in the unit or, if the tenant is
a sexual assault victim, the sexual assault occurred on the premises
during the 90-day period preceding the transfer request. Any transfer
is subject to the availability of other assisted housing and subject to
all other HUD requirements being met.
In addition, VAWA 2013 requires HUD to establish policies and
procedures under which victims of abuse requesting an emergency
transfer may receive, subject to the availability of tenant protection
vouchers, assistance through the tenant-based section 8 program.
Specific Request for Comment. HUD specifically requests comments on
the content of the model emergency transfer plan and the implementation
of the tenant protection vouchers provision.
III. Complying with VAWA 2013 Requirements
As noted earlier in this notice, HUD will undertake rulemaking to
conform its existing VAWA regulations, currently applicable to public
housing and section 8 programs, to the new statutory language and
requirements, and to put in place VAWA regulations for all the HUD
covered programs.
HUD's Public Housing and Section 8 Programs. Since HUD's public
housing and section 8 programs already have VAWA regulations in place,
compliance with the VAWA 2013 requirements will be easier for PHAs,
owners, and managers participating in these programs. With the
exception of emergency transfer plans and the determination of what is
a ``reasonable time'' for a victim to find new housing or establish
eligibility for another HUD program after the abuser (a person that
commits an act of domestic violence, dating violence, sexual assault,
or stalking) has been removed from the program, PHAs, owners, or
managers administering public or section 8 housing will continue to
provide VAWA protections as provided in 24 CFR part 5, subpart L, as
those protections are enhanced by VAWA 2013. Before such time that HUD
develops the model Emergency Transfer Plan, PHAs, owners, or managers
may continue to implement any transfer plan at that property/program as
described in an agency's admissions and occupancy plan or
administrative plan.
New HUD Covered Programs. For those HUD covered programs that were
not previously required to offer VAWA protections, HUD recognizes that
full compliance with VAWA 2013 may be challenging at this time.
Although all housing providers in HUD covered programs are concerned
with the safety of their tenants and strive to ensure that tenants feel
safe in their housing and the neighborhood in which the housing is
located, HUD recognizes the challenge for maintaining safety that is
presented by domestic violence since the threat to safety is generally
in the tenant's own household, and the overall shortage of available
affordable housing can complicate the ability to immediately transfer
victims of domestic violence to other housing. The complications may be
eased somewhat as a result of protections for victims of domestic
violence provided by State and local laws.\9\ Having these types of
laws in place across the Nation may help to facilitate compliance with
VAWA 2013.
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\9\ See compendium of State and local laws that affect domestic
violence survivors' housing rights compiled by the National Housing
Law Project at https://nhlp.org/files/Domestic%20violence%20housing%20compendium%20FINAL7.pdf.
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Guidance to be issued for new HUD covered programs. Recognizing the
challenges facing participants in the new HUD covered programs that are
now subject to VAWA requirements, HUD will be issuing administrative
guidance to help programs comply with VAWA 2013, in addition to
promulgating regulations.
IV. Solicitation of Comment
In this notice, HUD has highlighted certain issues for which
comment is specifically sought, but welcomes comment on any aspect of
this notice.
Dated: July 31, 2013.
Shaun Donovan,
Secretary.
[FR Doc. 2013-18920 Filed 8-5-13; 8:45 am]
BILLING CODE 4210-67-P
