Wednesday, January 15, 2020

Federal Register :: Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs

HUD is allowing housing providers to request this additional documentation because an individual may be a victim of violence covered by VAWA, and yet not meet the requirements for an emergency transfer that are specified in VAWA 2013. [Insert name of covered housing provider ] is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act , HP allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.

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The commenter further said that all programs receiving Federal funding for transitional housing should be required to report to their funder the extent to which they are providing services to immigrant, LEP, individual racial and ethnic minority, and other underserved victims. The commenters said that centralizing translation responsibility at HUD imposes consistency and uniformity in translation, and allows for quality control, and would create a central place whereby advocates can express concerns about any inaccuracies with the translations. Commenters also said that it is important for HUD consider not only direct translation of notification/forms, but also transcreation to ensure that the intended meaning resonates across cultures and languages. Another commenter said the version of the notice, as provided in the proposed rule, as written and in English, poses readability issues for those who do not read at more advanced levels. The commenter said that in translating the notice and certification form, HUD should ensure that they can be easily understood by those who read at different levels. Commenters encouraged HUD to not merely translate each word, but instead ensure the information is conveyed in a meaningful way for the average reader in other languages, which would include ensuring documents are written in plain language and are culturally competent.

CFR Part 884

Results for African American and Asian American likely voters are combined with those of other racial/ethnic groups because sample sizes for African American and Asian American likely voters are too small for separate analysis. We compare the opinions of those who report they are registered Democrats, registered Republicans, and no party preference or decline-to-state or independent voters; the results for those who say they are registered to vote in other parties are not large enough for separate analysis. We also analyze the responses of likely voters—so designated per their responses to survey questions about voter registration, previous election participation, intentions to vote this year, attention to election news, and current interest in politics.

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There are many forms of procompetitive regulation, such as rules that reduce switching costs or barriers to entry, rules that promote price transparency and shopping, rules that reduce conflicts of interest, and rules that place limits on business activity in order to ensure that firms don’t exploit their control over critical networks. Ideally, these rules are bright lines that require a minimal number of lawyers who bill by the hour. See footnotes 2 and 3, which provide examples of these types of lease provisions. Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe.

II. This Final Rule

The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register issues a regulation granting it official legal status.

A commenter said that covered housing providers may not know which tenants are due a notice, or the provider may not know which program applies, so the notice should not be given to existing tenants until either recertification or lease renewal. Another commenter said that to lessen the rule's administrative and financial burden, housing providers should be permitted to provide the notice at lease renewal. HUD also will not revise the certification form to say that the resident or participant is to take steps to ensure that the perpetrator does not learn of the new unit location. This purpose of this certification form is to document incidents of domestic violence, dating violence, sexual assault, or stalking, and is not documentation for emergency transfers. The model emergency transfer plan explains that the resident is urged to take all reasonable precautions to be safe.

Trade Adjustment Assistance

For example, in telecommunications, the open internet, powered by protocols, like the hypertext transfer protocol, helped to create a new worldwide web. Of course, many actors have sought to obtain, and in some cases successfully grabbed, more control. Threats to openness have come from browsers, operating systems, app stores, infrastructure providers, and others that already have scale or provide a must-have component.

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Commenters said HUD should clarify that remaining tenants are responsible for rent payments and other lease obligations during the period when individuals are trying to establish eligibility for a covered housing program or find alternative housing, or HUD should commit to continuing assistance to the unit during the reasonable time period. A commenter said HUD should continue to provide assistance for the amount shown on the tenant certification. HUD stresses that the reasonable time period to establish eligibility following a lease bifurcation is triggered only in situations where the tenant removed from the unit is the one family member whose characteristics qualified the rest of the family to live in the unit or receive assistance. In many covered housing programs, including HOME, HTF, ESG, RHSP, and Section 221, the reasonable time period provisions of this rule related to lease bifurcation will never be triggered because the family's eligibility is based on the characteristics of the family as a whole, not the characteristics of any one family member.

A commenter asked what a housing provider should do if there are no units available on the current property to transfer the victim to, or there is a unit available but it does not have enough bedrooms to accommodate the victim and the victim's family. Provides that emergency transfer plans must allow for a tenant to transfer to a new unit when a safe unit is immediately available and the tenant would not have to apply in order to occupy the new unit (§ 5.2005). Providing for a six-month transition period to complete an emergency transfer plan and provide emergency transfers, when requested, under the plan. Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Violence, sexual assault, or stalking has been committed , HP has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice.

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The commenters said that once these documents are collected it is essential that records are kept confidential, not included in shared databases, and any records to establish status as a victim should be noted in files by employees and then destroyed or returned to the victim. Commenters asked that the names and contact information for these staff be made public. A commenter says there should not be separate duplicative requirements for LIHTCs, administered by the Department of Treasury, as HUD's HCV and PBV programs often coexist with the LIHTCs. The period to establish eligibility and find new housing is limited to those activities, and does not include any possible additional processing or inspection time.

Hudson FS

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A commenter said relying on self-certifications to qualify applicants leaves the housing provider vulnerable to penalties that may be imposed as a result HUD program audits, and the imposition of penalties causes disruptions and delays in the program, which adversely affect the program's ability to provide services to those that need them. The commenter recommended that the rule should state that responsible entities accept self-certification as a last resort. Another commenter said that the statute does not establish a hierarchy of documentation, so the rule should not limit the circumstances under which a housing provider can seek third-party documentation. A commenter said that if a program is allowed to accept self-certification then it is likely that parties will make an allegation, withdraw the allegation days later, and then make another allegation when the relationship is challenged again. The commenter said this will generate a considerable investment of time to identify alternate housing, determine eligibility, and bifurcate the lease—all to have the allegation withdrawn or proven false.

Moving to Another Unit

Such a move would not be a transfer to a “safe” unit in accordance with VAWA 2013 and HUD's final rule. A commenter said that if the tenant and management agree that the tenant cannot afford transfer costs, services representatives can seek assistance from local resources, or, management could put forth the costs and allow the tenant to repay them under a payment plan. A commenter said departing residents paying costs under a repayment plan is consistent with HUD's policy with respect to other resident-initiated transfers as set forth in the Public Housing Occupancy Guidebook. Another commenter said it is not aware of a situation where the housing provider would pay transfer costs, but suggested it would be beneficial to tenants to be given an extended period of time to pay off fees. A commenter suggested that, in the case of emergency transfers, any damage to the unit or unpaid rent should still be the responsibility of the departing resident, but, any financial penalties for breaking a lease could be waived by the owner based upon a confirmed instance of domestic violence, stalking or sexual assault. Most commenters expressed support for the rule, with different questions and comments about specific provisions.

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