Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking

4,244 words·~19 min read·/bill/117/hr/1620/rfs/section-601·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 of and inserting the programs under ; 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, 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 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; 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; housing assisted under the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); the program under Chapter 11 of subtitle B of the Violence Against Women Act of 1994 ( 34 U.S.C. 12351 et seq. ); and any other Federal housing programs providing affordable housing to low- and moderate-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 collaborative applicant has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). 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 covered housing provider — means 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, grantees under the Continuum of Care, State and local governments or agencies thereof, and nonprofit or for-profit organizations or entities.

The term drug-related criminal activity has the meaning given the term in section 3(b)(9) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(9) ). The term emergency solutions grant means a grant provided under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371 et seq. ). The term emergency transfer — except as provided under subparagraph (B), means a transfer under subsection

(e)from a unit of a covered housing provider to any other unit of the same principal, affiliate, or management agent of the covered housing provider; and with respect to a project funded under the Continuum of Care, means a transfer under subsection

(e)to any unit of the same covered housing provider under the same covered housing program. The term external referral — except as provided under subparagraph (B), means a referral provided to a victim of domestic violence, dating violence, sexual assault, or stalking by a covered housing provider to the applicable regional office of the Department of Housing and Urban Development to facilitate a move from a unit of a covered housing provider under the same or a different covered housing program; and with respect to a project funded under the Continuum of Care, including any local system funding by the Continuum of Care or a recipient or subrecipient of an Emergency Solutions Grant, means the facilitation of a move from a unit of a covered housing provider to a unit of a different covered housing provider under the same covered housing program. The term HUD regional office means a regional office of the Department of Housing and Urban Development. The term National VAWA Victims Relocation Pool voucher means a housing voucher provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). The term program participant means an individual (including an unaccompanied youth) or family who is assisted by programs under the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. ). ; in subsection (b), by amending paragraph

(1)to read as follows: A covered housing provider shall prioritize the safety of victims when making housing and housing-related decisions, including admissions, terminations of assistance, evictions, transfers, referrals, family break-ups, and income determinations. ; in subsection (b)(3)— in the paragraph heading, by inserting after the following: criminal activity ; and family break-up by amending subparagraph

(A)to read as follows: A tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking 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, program participant, resident, or any guest or other person under the control of the tenant, program participant, or resident, if the tenant, program participant, resident or an affiliated individual of the tenant, program participant, or resident is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking. A tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking 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, engaged in by the perpetrator of the domestic violence, dating violence, sexual assault, or stalking. Nothing in subclause

(I)shall be construed to limit the authority to terminate assistance to a tenant or program participant or evict or terminate a tenant or program participant from housing assisted under a covered housing program if a public housing agency or an owner, recipient or subrecipient, or a manager of the housing demonstrates an actual and imminent threat to other tenants, program participants, or individuals employed at or providing service to the housing if the assistance is not terminated or the tenant or program participant is not evicted. Before terminating assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant or program participant who is a victim of domestic violence, dating violence, sexual assault, or stalking on the basis of criminal activity of the tenant or program participant, including drug-related criminal activity— the covered housing provider shall consider— the seriousness of the case; the extent of participation or culpability of the tenant or program participant, including whether the tenant or program participant was coerced by the perpetrator of the domestic violence, dating violence, sexual assault, or stalking; whether the criminal activity was related to a symptom of a disability, including a substance use disorder; in cases involving drug-related criminal activity or criminal activity involving alcohol abuse, whether the tenant or program participant is participating in, or has successfully completed, a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully; and any other relevant mitigating circumstances; and the covered housing program shall provide the tenant or program participant with— a written summary of the review conducted by the covered housing program; and an opportunity to invoke the applicable grievance policy of the covered housing program to dispute the findings of the review. ; 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 so redesignated, 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 or program participant eligible to receive assistance under a covered housing program, the covered housing provider shall— provide any other tenant, program participant, or resident of the unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking the opportunity to establish eligibility for the covered housing program; or provide a tenant, program participant, or resident described in subclause

(I)with not less than 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 so redesignated— 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 so redesignated; 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 be limited by any provision in the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) that provides less protection than subparagraph

(A)for victims of domestic violence, dating violence, sexual assault, or stalking. ; and by inserting after subparagraph

(C)the following: A covered housing provider shall permit a tenant or program participant 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 or program participant has been a victim of domestic violence, dating violence, sexual assault, or stalking and the tenant or program participant— 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 or program participant is threatened with imminent harm if the tenant or program participant remains within the same dwelling unit subject to the lease; or has experienced a sexual assault that occurred on the premises during the 90-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 shall be construed to preclude any automatic termination of a lease by operation of law. Nothing in this subparagraph shall be construed to supersede any provision of any Federal, State, or local law regarding the early termination of leases that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking. ; 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 ; in subsection (d)— in paragraph (2)— in the matter preceding subparagraph (A), by striking an applicant for or tenants of and inserting all individuals and families seeking housing or services from programs under title IV of the McKinney-Vento Homeless Assistance Act ( ; and 42 U.S.C. 11360 et seq. ), all program participants of, all adult members of applicant households for, and all adult tenants of in subparagraph (D), by striking guidance issued by the Secretary of Housing and Urban Development and inserting title VI of the Civil Rights Act of 1964 ( ; and 42 U.S.C. 2000d et seq. ) and any guidance issued by the appropriate agencies related to language access for persons with limited English proficiency by adding at the end the following: Each appropriate agency shall ensure that standardized documents relating to the implementation of this title are— translated into and made available in multiple languages and are available in formats accessible to persons with disabilities; and made accessible to covered housing providers within a reasonable time after adoption of the documents by the appropriate agency. ; by amending subsection

(e)to read as follows: A tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking who is a victim of domestic violence, dating violence, sexual assault, or stalking may apply for an emergency transfer or a National VAWA Victims Relocation Pool voucher, or both. A covered housing provider shall grant an emergency transfer to a tenant or program participant described in paragraph

(1)if— the covered housing provider and the tenant or program participant determine that a safe dwelling unit is available; and the tenant or program participant meets the eligibility criteria described in paragraph (3). The Secretary of Housing and Urban Development and a covered housing provider authorized to determine eligibility for National VAWA Victims Relocation Pool vouchers under policies and procedures established under subsection (f)(1) shall approve a National VAWA Victims Relocation Pool voucher for a tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking described in paragraph

(1)if the tenant, program participant, or resident meets the eligibility criteria described in paragraph (3). The applicable responsible entity under paragraph

(2)shall approve an application submitted by a tenant, program participant, or resident described in paragraph

(1)for an emergency transfer, a National VAWA Victims Relocation Pool voucher, or both, if— the tenant, program participant, or resident expressly requests the emergency transfer or National VAWA Victims Relocation Pool voucher, or both, from the applicable responsible entity; and the tenant, program participant, or resident reasonably believes that the tenant or program participant is threatened with imminent harm from further violence if the tenant or program participant remains within the same dwelling unit assisted under a covered housing program; or the tenant, program participant, or resident experienced a sexual assault that occurred on the premises during the 90-day period preceding the request for the emergency transfer or National VAWA Victims Relocation Pool voucher. Regardless of whether a tenant, program participant, or resident is in good standing, the tenant, program participant, or resident retains the right to an emergency transfer or a National VAWA Victims Relocation Pool voucher if the tenant, program participant, or resident otherwise meets the eligibility requirements in this subsection. The tenant, program participant, or resident shall also meet the eligibility requirements of the program to which the tenant, program participant, or resident intends to transfer unless the eligibility requirement is waived by the covered housing program. Each appropriate agency shall, in the timeframe outlined in subsection (f)(2), adopt emergency transfer, external referral, and National VAWA Victim Relocation Pool voucher policies for use by covered housing programs, which shall— reflect the variations in program operation and administration by covered housing program type and are in accordance with the Secretary of Housing and Urban Development’s National VAWA Victims Relocation Pool vouchers policies and procedures issued within the timeframe outlined in subsection (f)(1); at a minimum, describe a process that— permits tenants, program participants, or residents who are victims of domestic violence, dating violence, sexual assault, or stalking to move to another available and safe dwelling quickly through an emergency transfer, a National VAWA Victims Relocation Pool voucher, or an external referral; and provides that the tenant, program participant, or resident can request an emergency transfer or a National VAWA Victims Relocation Pool voucher, or both, whichever is safe and available for the tenant, program participant, or resident; and with respect to a request for an emergency transfer, provide that— not later than 5 days after the date on which a covered housing provider receives an emergency transfer request from a tenant or program participant, the covered housing provider shall determine whether the tenant or program participant can be transferred to a safe and available unit; if a safe unit is available, an emergency transfer shall occur not later than 10 days after the date on which the covered housing provider approves the request; if a safe unit is not available, the covered housing provider shall provide to the tenant or program participant— a written status report regarding the status of the emergency transfer request of the tenant or program participant; and information about National VAWA Victims Relocation Pool vouchers; and if the emergency transfer request has been denied due to reasons unrelated to the availability of a safe and suitable unit, the tenant or program participant may appeal the decision through the applicable grievance or hearing process of the covered housing provider; with respect to a request for a National VAWA Victims Relocation Pool voucher— the request may be made to the Secretary of Housing and Urban Development by a tenant; program participant; resident of the unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking; a collaborative applicant of the local Continuum of Care or designee of the collaborative applicant; Emergency Solutions Grant recipient or subrecipient; a public housing agency; or the covered housing provider; and not later than 10 days after the date on which the Secretary of Housing and Urban Development receives a request for a National VAWA Victims Relocation Pool voucher and the selected relocation jurisdiction of the tenant or program participant, the Secretary shall process the request and refer administration of the National VAWA Victims Relocation Pool voucher to the appropriate public housing agency of the selected jurisdiction of the tenant; program participant; or resident of the unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking; allow 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 an emergency transfer, a National VAWA Victims Relocation Pool voucher, or an external referral resulting in comparable safe housing is obtained; mandate that emergency transfers take priority over non-emergency transfers; mandate that emergency transfers are not considered new applicants and take priority over existing external 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, program participant, or resident 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 time-limited written authorization of the tenant or program participant, and communication by a covered housing provider with a victim must be in a form and manner that the victim determines to be safe; and mandate that when a tenant or program participant submits an emergency transfer request to a covered housing provider, the covered housing provider shall provide contact information for— local organizations offering assistance to tenants and other housing providers who may have safe and available housing; or contact information for the regional HUD office or applicable public housing agency. In addition to adopting the policies described in paragraph

(4)in an emergency transfer policy, the collaborative applicant of each local Continuum of Care, or a designee of the collaborative applicant, shall— coordinate and facilitate emergency transfers and external referrals across projects funded under the Continuum of Care; prioritize an external referral across projects funded under the Continuum of Care for the next available safe housing option for which a tenant or program participant may be eligible; coordinate external referrals with the collaborative applicant of the local Continuum of Care, or designee of the collaborative applicant, in other jurisdictions in cases where a tenant or program participant requests an out-of-jurisdiction transfer; ensure that a tenant or program participant is not required to be reassessed and retains chronically homeless status, if applicable, through the local Continuum of Care intake process when seeking an emergency transfer or external referral placement; and ensure costs associated with temporary relocations described in paragraph

(4)are considered eligible costs of supportive services under the Continuum of Care program. Each HUD regional office shall— in collaboration with public housing agencies and the entities described in paragraph (2), develop and implement a regional emergency transfer and external referral plan, which shall— set forth how covered housing providers shall coordinate external referrals with the HUD regional office; be submitted to the Violence Against Women Director described in section 41413 and made publicly available; and include any additional policies, priorities, and strategies set by the entities described in paragraph (5); and in consultation with the Violence Against Women Director described in section 41413, facilitate external referral requests for tenants or program participants who are victims of domestic violence, dating violence, sexual assault, or stalking if the tenant or program participant cannot obtain an emergency transfer or a National VAWA Victims Relocation Pool voucher. Each covered housing provider shall develop and implement an emergency transfer and external referral plan consistent with the requirements in paragraph

(4)or (5). ; by amending subsection

(f)to read as follows: Not later than 60 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2021, the Secretary of Housing and Urban Development shall establish policies and procedures under which a tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking may receive, under subsection (e), subject to the availability of funds, a National VAWA Victims Relocation Pool voucher. Not later than 180 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2021, the head of each appropriate agency shall establish the policies required under subsection

(e)with respect to emergency transfers and external referrals. Each appropriate agency shall also establish agency-specific policies and procedures in accordance with the Secretary of Housing and Urban Development’s National VAWA Victims Relocation Pool vouchers policies and procedures. ; by redesignating subsection

(g)as subsection (h); by inserting after subsection

(f)the following: The Secretary of Housing and Urban Development, in partnership with domestic and sexual violence experts, shall develop mandatory in-person or electronic 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. Each covered housing provider shall identify— appropriate staff to attend the basic understanding training described in subparagraph

(A)periodically; and appropriate staff engaged in tenant, program participant, or resident services to attend both the basic understanding training and the implementation training described in subparagraph

(A)as necessary. The appropriate agency with respect to each covered housing program and the local Continuum of Care 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. There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2022 through 2026. ; and by inserting after subsection (h), as so redesignated, the following: Nothing in this section shall be construed— to limit any right, remedy, or procedure otherwise available to enforce the Violence Against Women Act of 2005 ( Public Law 109–162 ; 119 Stat. 2960) and subsequent amendments prior to the date of enactment of the Violence Against Women Act Reauthorization Act of 2021; 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. . Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: The Secretary shall set aside, from amounts made available for rental assistance under this subsection, amounts for use only for providing such assistance for the creation of a National VAWA Victims Relocation Pool, which shall provide rental assistance on behalf of tenants, program participants, or residents who are victims of domestic violence, dating violence, sexual assault, and stalking eligible for assistance under section 41411(e) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(e) ). A public housing agency shall not reissue assistance that is made available from appropriated funds under this subsection for a tenant, program participant, or resident when the assistance for the tenant, program participant, or resident is lawfully terminated, unless specifically authorized by the Secretary. Beginning in fiscal year 2022 and each fiscal year thereafter, there are authorized to be appropriated $20,000,000 to provide vouchers for rental assistance under this paragraph. .

Connectionstraces to 12

Traces to 12 documents

U.S. Code