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 shall establish a process by which to review compliance with the requirements of this subtitle, which shall— in consultation with the Violence Against Women Director described in section 41413 and any other relevant officials of the appropriate agency, be incorporated into other existing compliance review processes of the appropriate agency; and examine— 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); and covered housing provider compliance with the prohibition on retaliation set forth in section 41414.

Each appropriate agency shall conduct the review described in paragraph

(1)on a regular basis, as determined by the appropriate agency. Not later than 1 year after the date of enactment of the Violence Against Women Reauthorization Act of 2019 , each appropriate agency shall issue regulations to implement subsection (a), which shall— define standards of compliance for covered housing providers; include detailed reporting requirements, including the number of emergency transfers and National VAWA Victims Relocation Pool vouchers requested and granted, as well as the length of time needed to process emergency transfers, National VAWA Victims Relocation Pool vouchers, and external referrals; 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— includes an evaluation of each topic identified in subsection (a); and is made publicly available. 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— covered housing providers completing corrective action plans shall be required to consult with national, State, or local programs focused on victims of domestic violence, dating violence, sexual assault, or stalking; and the 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 consultation with national, State, or local programs focused on victims described in subparagraph (A); establish a formal reporting process to receive individual complaints concerning noncompliance with this subtitle; coordinate the development of interagency guidelines to improve the availability of centralized information concerning available dwelling units for use in facilitating the emergency transfer process; coordinate the process for tracking of requests, notice, and approval of National VAWA Victims Relocation Pool vouchers, and further implement, as necessary, any policies or procedures relating to the National VAWA Victims Relocation Pool vouchers; work with HUD regional offices to develop a mechanism to implement regional external referral plans and officials at each appropriate agency relating to the development of Federal regulations, policy, protocols, and guidelines regarding uniform timeframes for the completion of emergency transfers, National VAWA Victims Relocation Pool vouchers, and external referrals; coordinate with each appropriate agency to ensure that standardized documents relating to the implementation of this title are translated into multiple language and made accessible to covered housing providers within a reasonable time upon adoption of the documents by the appropriate agency; ensure that the documents described in paragraph (11), including guidance and notices to victims, are distributed in commonly encountered languages by covered housing providers consistent with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.) and any guidance issued by the appropriate agencies in accordance with Executive Order 13166 ( 42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency); and in consultation with each appropriate agency, identify existing compliance review processes that could incorporate the compliance reviews required under section 41412(a). There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2021 through 2025. 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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U.S. Code

Notice of proposed guidance
Rules and Regulations

1 reference not yet in our index

42 USC 2000d–1

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cites case law

Sec. 602

Ensuring compliance and implementation; prohibiting retaliation against victims

U.S.C.§ 12491

U.S.C.§ 2000d

Fed. Reg.Rules and Regulations

U.S.C.§ 3610

Cite42 USC 2000d–1

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