Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
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Section 41411 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 ) is amended— in subsection (a)— in paragraph (1)(A), by striking brother, sister, and inserting sibling, ; and in paragraph (3)— in subparagraph (A), by inserting before the semicolon at the end the following: including the direct loan program under such section ; in subparagraph (D), by striking subtitle A and inserting subtitles B through F ; in subparagraph (I), by striking and at the end; in subparagraph
(J)by striking the period at the end and inserting a semicolon; and by inserting after subparagraph
(J)the following: the program under section 1010 of the Housing and Urban Development Act of 1965; the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; and such other federal housing programs or federally subsidized units providing affordable housing to low-income persons by means of restricted rents or rental assistance as identified by the appropriate agency. ; and in subsection (b)(3)— in subparagraph (A)— by striking No person and inserting the following: No person ; and by adding at the end the following: No person may terminate assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant solely on the basis of criminal activity, including drug-related criminal activity, engaged in by the perpetrator of the domestic violence, dating violence, sexual assault, or stalking, if the tenant or an affiliated individual of the tenant seeks an emergency transfer, bifurcation, or pursues other means to exclude the perpetrator from the assisted housing. ; in subparagraph (B)— in clause (i), by inserting after a public housing agency the following: , participating jurisdictions, Continuums of Care, grantees, ; in clause (ii), by inserting after public housing agency each place it appears the following: , participating jurisdictions, Continuums of Care, grantees, ; by redesignating subparagraph
(C)as subparagraph (E); and by inserting after subparagraph
(B)the following: If a family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, the covered housing provider must ensure that the victim retains the assistance. A public housing agency, participating jurisdictions, Continuums of Care, grantees, or owner or manager of housing assisted under a covered housing program must permit a tenant assisted under a covered housing program to terminate the lease early, without penalty, if the tenant has been a victim of domestic violence, dating violence, sexual assault, or stalking and the tenant— expressly sends notice of the early lease termination in writing; and the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit subject to the lease; or in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 90 day period preceding the request for lease termination. The lease shall terminate as of the date of lease termination stated in the notice. ; in subsection (e)— in the matter preceding paragraph (1)— by striking a model emergency and inserting an emergency ; by inserting after public housing agencies the following: , participating jurisdictions, Continuums of Care, grantees, ; and by striking under covered housing programs that and inserting under covered housing programs. Covered housing providers shall adopt policies that ; in paragraph (1)— in the matter preceding subparagraph (A)— by striking allows and inserting allow ; and by striking transfer to another available and safe dwelling unit assisted under a covered housing program if and inserting the following: make external and internal transfers to another available and safe dwelling unit assisted under a the same or different covered housing program, whether or not the dwelling unit is owned or managed by the covered housing provider if ; and in subparagraph (B)(ii), by striking and at the end; in paragraph (2)— by striking reasonable before confidentiality measures ; by inserting after public housing agency the following: , participating jurisdictions, Continuums of Care, grantees, ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: make internal and external emergency transfers, in coordination with local Continuums of Care, mandatory for housing providers; provide that internal and external emergency transfers take priority over all other emergency transfers except for emergency transfers due to reasonable accommodation requests and other emergency health and safety needs; provide that internal and external emergency transfers take priority over other individuals on waiting lists; permit covered housing providers, if a transfer unit is not immediately available, to transfer, on a temporary basis, tenants to non-covered housing while a permanent internal or external transfer unit is available; require that tenants moved on a temporary basis to non-covered housing until a permanent internal or external transfer unit is available retains all of the assistance and benefits of their covered housing program; and incorporates an external emergency transfer protocol to other covered housing programs within the geographic area of the local Continuum of Care. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. ; by redesignating subsection
(g)as subsection (j); and by inserting after subsection
(f)the following: The local Continuum of Care shall develop memoranda of understanding between all covered housing programs within their territorial reach. The local Continuum of Care shall facilitate emergency transfers between covered housing providers within its geographic area and to housing providers within neighboring Continua of Care. Provision of emergency transfer vouchers to victims of domestic violence, dating violence, sexual assault, or stalking under subsection (f), shall be considered an eligible use of any funding for tenant protections that is provided under the Tenant-Based Rental Assistance account of any Appropriations Act providing such tenant funding, and the Secretary shall provide a set-aside of at least $20,000,000 to be made available for 3,000 tenant protection vouchers for victims of domestic violence, dating violence, sexual assault, or stalking who require an emergency transfer from their current assisted housing. The Secretary, to the maximum extent practicable, shall authorize public housing authorities to set-aside up to 20 percent of their Housing Choice Voucher funding to provide to domestic violence and sexual assault programs in order to assist victims of domestic violence, dating violence, sexual assault, and stalking with a requested emergency transfer under subsection
(e)of Section 42 U.S.C.A. § 14043(e)–11. The head of each appropriate agency shall issue final regulations to carry out this section not later than 180 days after the date of the enactment of the Violence Against Women Reauthorization Act of 2018. Notwithstanding any other provision of law, no rule or regulation pursuant to this chapter may become effective unless it has first been published for public comment in the Federal Register for at least 60 days, and published in final form for at least 30 days. .
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- 42 USC 14043(e)
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Sec. 601
Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
Cite42 USC 14043(e)
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