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, ; 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 the program under subtitle A and inserting the programs under subtitles A through D ; in subparagraph (I)— by striking sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 ( and inserting 42 U.S.C. 1484 , 1485, 1486, 1490m, and 1490p–2) sections 514, 515, 516, 533, 538, and 542 of the Housing Act of 1949 ( ; and 42 U.S.C. 1484 , 1485, 1486, 1490m, 1490p–2, and 1490r) by striking and at the end; in subparagraph (J), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the provision of assistance from the Housing Trust Fund as established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 ); the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38, United States Code ( 38 U.S.C. 2011 et seq.); the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38, United States Code; the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38, United States Code; and any other Federal housing programs providing affordable housing to low-income persons by means of restricted rents or rental assistance as identified by the appropriate agency. ; and by adding at the end the following:

The term covered housing provider refers to the individual or entity under a covered housing program that has responsibility for the administration or oversight of housing assisted under a covered housing program and includes public housing agencies, sponsors, owners, mortgagors, managers, grantee under the Continuum of Care, State and local governments or agencies thereof, and nonprofit or for-profit organizations or entities. The term Continuum of Care means the Federal program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq.).

The term internal transfer means an emergency transfer under subsection

(e)from a unit of a covered housing provider to a unit of the same covered housing provider and under the same covered housing program except for programs under the McKinney-Vento Homeless Assistance Act that can transfer to any unit of the same covered housing provider. The term external transfer means an emergency transfer under subsection

(e)from a unit of a covered housing provider to a unit of a different covered housing provider under the same covered housing program. ; in subsection (b)(3)— in the heading, by inserting after the following: criminal activity ; and family break-up by amending subparagraph

(A)to read as follows: A tenant shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking. A tenant shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity, including drug-related criminal activity (as such term is defined section 3(b)(9) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(9) ), engaged in by the perpetrator of the domestic violence, dating violence, sexual assault, or stalking. Prior to denying assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant on the basis of criminal activity of the tenant, including drug-related criminal activity, the covered housing provider must conduct an individualized review of the totality of the circumstances regarding the criminal activity at issue if the tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. Such review shall include consideration of— the nature and severity of the criminal activity; the amount of time that has elapsed since the occurrence of the criminal activity; if the tenant engaged in more than one instance of criminal activity, the frequency and duration of the criminal activity; whether the criminal activity was related to a symptom of a disability, including a substance use disorder; whether the victim was coerced by the perpetrator of domestic violence, dating violence, sexual assault, or stalking; whether the victim has taken affirmative steps to reduce the likelihood that the criminal activity will recur; and any mitigating factors. The covered housing program must provide the tenant with a written summary of its review and the tenant shall have the opportunity to invoke the covered housing program’s grievance policy to dispute the findings. ; in subparagraph (B)— in the heading, by striking and inserting Bifurcation ; Family break-up by redesignating clauses

(i)and

(ii)as clauses

(ii)and

(iii)respectively; by inserting before clause

(ii)(as redesignated by clause

(ii)of this subparagraph) the following: If a family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, and the perpetrator no longer resides in the unit and was the sole tenant eligible to receive assistance under a covered housing program, the covered housing provider shall— provide any other tenant or resident the opportunity to establish eligibility for the covered housing program; or provide that tenant or resident with at least 180 days to remain in the unit under the same terms and conditions as the perpetrator and find new housing or establish eligibility for another covered housing program. ; in clause

(ii)(as redesignated by clause

(ii)of this subparagraph)— in the heading, by striking and inserting In general ; and Eviction by inserting after a public housing agency the following: , participating jurisdictions, grantees under the Continuum of Care, grantees, ; and by striking clause

(iii)(as redesignated by clause

(ii)of this subparagraph); in subparagraph (C)— in clause (iii), by striking or at the end; in clause (iv), by striking the period at the end and inserting ; or ; and by adding at the end the following: to limit any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 ( Public Law 109–162 , 119 Stat. 2960) prior to the date of enactment of the Violence Against Women Reauthorization Act of 2019. ; and by inserting after subparagraph

(C)the following: A covered housing provider shall permit a tenant assisted under the covered housing program to terminate the lease at any time prior to the end date of the lease, without penalty, if the tenant has been a victim of domestic violence, dating violence, sexual assault, or stalking and the tenant— sends notice of the early lease termination to the landlord in writing prior to or within 3 days of vacating the premises unless a shorter notice period is provided for under State law; reasonably believes that the tenant is threatened with imminent harm if the tenant remains within the same dwelling unit subject to the lease; or is a victim of sexual assault, the sexual assault occurred on the premises during the 180-day period preceding the request for lease termination; and provides a form of documentation consistent with the requirements outlined in subsection (c)(3). Nothing in this subparagraph may be construed to preclude any automatic termination of a lease by operation of law. ; in subsection (c)(4), in the matter preceding subparagraph (A)— by striking Any information submitted to a public housing agency or owner or manager and inserting Covered housing providers shall ensure any information submitted ; and by inserting after owner or manager the following: of housing assisted under a covered housing program ; by amending subsection

(e)to read as follows: A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking may apply for an emergency transfer to another available and safe dwelling unit assisted under a covered housing program, and the covered housing provider shall grant such application if— the tenant expressly requests the transfer from the covered housing provider; 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 assisted under a covered housing program; or in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 180 day period preceding the request for transfer. A tenant who is not in good standing retains the right to an emergency transfer if they meet the eligibility requirements in this section and the eligibility requirements of the program to which the tenant intends to transfer. Each appropriate agency shall adopt an emergency transfer policy for use by covered housing programs. Such emergency transfer policies shall reflect the variations in program operation and administration by covered housing program type. The policies must, at a minimum— describe a process that— permits tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to move to another available and safe dwelling quickly through an internal transfer and by receiving a tenant protection voucher, if eligible, pursuant to subsection (f); provides that the victim can choose between completing an internal transfer or receiving a tenant protection voucher, whichever is the safest option for the victim; and requires that an internal transfer must occur within 10 days after a covered housing provider’s approval of a request for an emergency transfer; describe a process to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to complete an external transfer; describe a process that allows a victim of domestic violence, dating violence, sexual assault, or stalking to temporarily relocate, while maintaining eligibility for the covered housing program without the loss of their housing status, if there are no alternative comparable housing program units available, until a safe housing unit under the covered housing program or a tenant protection voucher is available; prioritize completing internal transfers and receiving tenant protection vouchers over external transfers, except for Continua of Care, which shall prioritize completing an internal transfer or external transfer prior to receiving a tenant protection voucher; mandate that internal and external transfers take priority over non-emergency transfers; mandate that internal and external transfers are not considered new applicants and take priority over existing waiting lists for a covered housing program; incorporate confidentiality measures to ensure that the appropriate agency and the covered housing provider do not disclose any information regarding a tenant who is victim of domestic violence, dating violence, sexual assault, or stalking, including the location of a new dwelling unit to any person or entity without the written authorization of the tenant; mandate that if a victim cannot receive an internal transfer, external transfer, and a tenant protection voucher, then the covered housing provider must assist the victim in identifying other housing providers who may have safe and available units to which the victim can move and that the covered housing provider also assist tenants in contacting local organizations offering assistance to victims; and mandate a uniform policy for how a victim of domestic violence, dating violence, sexual assault, or stalking requests an internal or external transfer. In addition to adopting the policies as defined in paragraph

(2)in an emergency transfer policy, each grantee under the Continuum of Care shall designate the entity within its geographic area that will coordinate and facilitate emergency transfers, and that entity shall also— coordinate external transfers among all covered housing providers participating in the Continuum of Care; identify an external transfer, if available, within 30 days of an approved request; coordinate emergency transfers with Continua of Care in other jurisdictions in cases where the victim requests an out-of-jurisdiction transfer; and ensure a victim is not required to be reassessed through the local Continuum of Care intake process when seeking an emergency transfer placement. Each regional office of the Department of Housing and Urban Development (hereinafter in this section referred to as a HUD regional office ) shall develop and implement a regional emergency transfer plan in collaboration with public housing agencies and the entities designated under paragraph (3). Such a plan shall set forth how public housing agencies will coordinate emergency transfers with other public housing agencies regionally. The plans must be submitted to the Violence Against Women Director and be made publicly available. HUD regional offices shall defer to any additional emergency transfer policies, priorities and strategies set by entities designated under paragraph (3). Each covered housing provider shall develop and implement an emergency transfer policy consistent with the requirements in paragraph

(2)or (3). ; in subsection (f), by adding at the end the following: The Secretary shall establish these policies and procedures within 60 days after the date of enactment of the Violence Against Women Reauthorization Act of 2019. ; by redesignating subsection

(g)as subsection (k); and by inserting after subsection

(f)the following: The head of each appropriate agency shall establish the policy required under subsection

(e)with respect to emergency transfers and emergency transfer vouchers within 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2019. Provision of emergency transfer vouchers to victims of domestic violence, dating violence, sexual assault, or stalking under subsection (e), shall be considered an eligible use of any funding for tenant protection voucher assistance available under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) subject to the availability of appropriated funds. There are authorized to be appropriated to carry out emergency transfers under this section, $20,000,000 under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for each of fiscal years 2020 through 2024. The Secretary of Housing and Urban Development, in partnership with domestic violence experts, shall develop mandatory training for staff of covered housing providers to provide a basic understanding of domestic violence, dating violence, sexual assault, and stalking, and to facilitate implementation of this section. All staff of covered housing providers shall attend the basic understanding training once annually; and all staff and managers engaged in tenant services shall attend both the basic understanding training and the implementation training once annually. The appropriate agency with respect to each covered housing program shall supply all appropriate staff of the covered housing providers with a referral listing of public contact information for all domestic violence, dating violence, sexual assault, and stalking service providers offering services in its coverage area. .

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