HUD Proposed Rule

On March 24, 2015 HUD released a new proposed rule to increase protections for domestic violence survivors. The rule would implement the Violence Against Women Reauthorization Act (VAWA) of 2013, which expands HUD’s responsibility to protect survivors of domestic and dating violence, stalking, and sexual assault who live in housing assisted by HUD. Protected individuals are not limited to women; the protections are for all victims regardless of sex, gender identity, sexual orientation, or age.

HUD Proposed Rule

On March 24, 2015 HUD released a new proposed rule to increase protections for domestic violence survivors. The rule would implement the Violence Against Women Reauthorization Act (VAWA) of 2013, which expands HUD’s responsibility to protect survivors of domestic and dating violence, stalking, and sexual assault who live in housing assisted by HUD. Protected individuals are not limited to women; the protections are for all victims regardless of sex, gender identity, sexual orientation, or age.

The VAWA 2013 reauthorization expanded legal protections to nearly all HUD programs. Previously, only residents of public housing and Section 8 tenant-based and project-based programs were covered. Newly covered programs include:

• HOME Investment Partnerships program for rental (homeownership is not covered by VAWA)
• Section 202 supportive housing for the elderly
• Section 236 Rental Program
• Section 811 supportive housing for people with disabilities
• Section 221(d)(3) Below Market Interest Rate (BMIR) Program
• HOPWA (Housing Opportunities for Persons with AIDS) housing program
• HUD’s McKinney-Vento homeless programs
• Low-Income Housing Tax Credit properties

VAWA does not mention the Housing Trust Fund, which was not yet implemented in 2013. HUD proposes to add the trust fund through its regulation.

VAWA 2013 also explicitly adds sexual assault, which was not covered previously, and adds “intimate partner” to the list of relationships covered in the definition of domestic violence. In addition, it requires housing providers to have emergency transfer plans, and it mandates a reasonable time for tenants to establish eligibility for assistance under a VAWA-covered program where an assisted household has to be divided as a result of domestic violence.

A 2013 notice from HUD explained that VAWA’s core protections – prohibition on denying or terminating housing assistance on the basis that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking – apply without rulemaking, so they are already in effect.

After it is published in the Federal Register, likely in the next week or so, the proposed rule will be open for a 60-day public comment period. Watch the HAC News for HAC’s announcement of the comment deadline.

USDA Rural Housing Programs

HUD’s rule covers USDA-funded rental units that have HUD Section 8 assistance, but not other USDA rentals. USDA has implemented the 2013 VAWA changes through two Administrative Notices: AN 4747 (Feb. 10, 2014) and AN 4778 (Jan. 5, 2015).

Additional Resources

HUD’s summary of VAWA’s provisions related to housing

A 2013 HUD notice providing an overview of VAWA’s applicability to its housing programs

HAC News item about USDA’s AN 4778

HAC News item about USDA’s AN 4747 and changes requested by a number of organizations including HAC