Sec. 602. Ensuring compliance and implementation; prohibiting retaliation against victims
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Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 et seq.) is amended by inserting after section 41411 the following: Each appropriate agency administering a covered housing program shall establish a process by which to review compliance with the requirements of this subtitle, on an annual basis, of the covered housing providers administered by that agency. Such a review shall examine the following topics: Covered housing provider compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking.
Covered housing provider compliance with confidentiality provisions set forth in section 41411(c)(4). Covered housing provider compliance with the notification requirements set forth in section 41411(d)(2). Covered housing provider compliance with accepting documentation set forth in section 41411(c). Covered housing provider compliance with emergency transfer requirements set forth in section 41411(e). Covered housing provider compliance with the prohibition on retaliation set forth in section 41414.
Each appropriate agency shall issue regulations to implement subsection
(a)not later than 1 year after the effective date of the Violence Against Women Reauthorization Act of 2019. These regulations shall— define standards of compliance for covered housing providers; include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers, disaggregated by external and internal transfers; and include standards for corrective action plans where a covered housing provider has failed to meet compliance standards. Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection is made publicly available. This agency-level assessment shall include an evaluation of each topic identified in subsection (a). Nothing in this section shall be construed— to limit any claim filed or other proceeding commenced, by the date of enactment of the Violence Against Women Reauthorization Act of 2019, with regard to any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 ( Public Law 109–162 , 119 Stat. 2960), as in effect on the day prior to such date of enactment; or to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking. There shall be, within the Office of the Secretary of the Department of Housing and Urban Development, a Violence Against Women Director (in this section referred to as the Director ). The Director shall— support implementation of the provisions of this subtitle; coordinate development of Federal regulations, policy, protocols, and guidelines on matters relating to the implementation of this subtitle, at each agency administering a covered housing program; advise and coordinate with designated officials within the United States Interagency Council on Homelessness, the Department of Housing and Urban Development, the Department of the Treasury, the Department of Agriculture, the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice concerning legislation, implementation, and other issues relating to or affecting the housing provisions under this subtitle; provide technical assistance, coordination, and support to each appropriate agency regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle; ensure that adequate technical assistance is made available to covered housing providers regarding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle; act as a liaison with the judicial branches of Federal, State, and local governments on matters relating to the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking; implement a quality control system and a corrective action plan system for those covered housing providers that fail to comply with this subtitle, wherein— such corrective action plans shall be developed in partnership with national, State, or local programs focused on child or adult victims of domestic violence, dating violence, sexual assault, or stalking; and such corrective action plans shall include provisions requiring covered housing providers to review and develop appropriate notices, procedures, and staff training to improve compliance with this subtitle, in partnership with national, state, or local programs focused on child or adult victims; establish a formal reporting process to receive individual complaints concerning noncompliance with this subtitle; coordinate the development of interagency guidelines to ensure that information concerning available dwelling units is forwarded to the Director by all covered housing providers for use by the Secretary in facilitating the emergency transfer process; coordinate with HUD regional offices and officials at each appropriate agency the development of Federal regulations, policy, protocols, and guidelines regarding uniform timeframes for the completion of emergency transfers; and ensure that the guidance and notices to victims are distributed in commonly encountered languages. Nothing in this section shall be construed— to limit any claim filed or other proceeding commenced, by the date of enactment of the Violence Against Women Reauthorization Act of 2019, with regard to any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 ( Public Law 109–162 , 119 Stat. 2960), as in effect on the day prior to such date of enactment; or to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking. No covered housing provider shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle, or because that individual testified, assisted, or participated in any matter related to this subtitle. No covered housing provider shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other individual in the exercise or enjoyment of, any rights or protections under this subtitle, including— intimidating or threatening any person because that person is assisting or encouraging an individual entitled to claim the rights or protections under this subtitle; and retaliating against any person because that person has participated in any investigation or action to enforce this subtitle. The authority of the Secretary of Housing and Urban Development and the Office for Fair Housing and Equal Opportunity to enforce this section shall be the same as the Fair Housing Act ( 42 U.S.C. 3610 et seq.). .
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- Pub. L. 109-162
- 119 Stat. 2960
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Sec. 602
Ensuring compliance and implementation; prohibiting retaliation against victims
Pub. L.Pub. L. 109-162
Stat.119 Stat. 2960
Cites 4Cited by 0 across 0 sources