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 the program under subtitle A and inserting the programs under subtitles A through D ; in subparagraph (I)— by inserting after sections 514, 515, 516, 533, the following: 542, ; and 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, Continuums of Care, State and local governments or agencies thereof, and nonprofit or for-profit organizations or entities. The term Continuum of Care means an entity receiving a grant 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 a transfer to a unit of the same covered housing provider and under the same covered housing program except for programs under McKinney-Vento Homeless Assistance Act. The term external transfer means a transfer to a unit of a different covered housing provider under any covered housing program. ; in subsection (b)(3)— in the heading, by inserting after the following: criminal activity ; and family break-up in 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, Continuums 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: Tenants who are victims of domestic violence, dating violence, sexual assault, or stalking shall be transferred to another available and safe dwelling unit assisted under a covered housing program 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 to be overseen by the Department for Housing and Urban Development for use by the covered housing programs within the jurisdiction of a regional office of the Department. 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 to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking an internal transfer to another available and safe dwelling unit assisted under the same covered housing program; describe a process to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to complete an emergency external transfer to another available and safe dwelling unit of a covered housing provider; mandate that emergency internal and external transfers take priority over non-emergency transfers; mandate that emergency internal and external transfers take priority over existing waiting lists for a covered housing program; ensure a victim of domestic violence, dating violence, sexual assault, or stalking is transferred into a comparable covered housing program if available; incorporate confidentiality measures to ensure that the appropriate regional office of the Department of Housing and Urban Development (hereinafter in this section referred to as a HUD regional office ) 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; and mandate a uniform policy for how a victim of domestic violence, dating violence, sexual assault, or stalking requests an emergency internal or external transfer. Each HUD regional office shall develop and implement an external emergency transfer plan for all covered housing providers within the regional office’s jurisdictional reach. HUD regional offices shall develop and implement such plans in collaboration with the local Continua of Care and shall defer to emergency transfer priorities and strategies set by local Continua of Care. In addition to reflecting the policies of the appropriate agencies as defined by paragraph (2), the plan shall, at a minimum— set forth policies and procedures to identify an emergency external transfer a comparable covered housing program, if available, within 30 days of an approved request; and set forth policies and procedures for the local Continua of Care to— coordinate emergency external transfers among all covered housing providers participating in the Continuum of Care; 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 covered housing provider shall— provide a victim of domestic violence, dating violence, sexual assault, or stalking residing in a dwelling unit assisted under a covered housing program an internal transfer to another safe dwelling unit assisted under the same covered housing program, if available, not later than 10 days after an approved request for an emergency transfer; if an internal transfer described under subparagraph

(A)is unavailable or if the victim of domestic violence, dating violence, sexual assault, or stalking determines that a dwelling unit provided by an internal transfer described under subparagraph (A), contact the regional office of the appropriate agency within 10 days of an approved request for an emergency transfer for an external emergency transfer under paragraph (3); and allow a victim of domestic violence, dating violence, sexual assault, or stalking to temporarily relocate, and maintain eligibility for the covered housing program without the loss of their housing status, to housing not eligible for assistance under a covered housing program or to housing assisted under another covered housing program if there are no alternative comparable housing program units available until a safe internal or external housing unit under the covered housing program is available. ; in subsection (f), by adding at the end the following: The Secretary shall establish these policies and procedures within 60 days after passage of the Violence Against Women Reauthorization Act of 2019. ; by redesignating subsection

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

(f)the following: 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) ). 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. The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program. .

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