HUD HCV Guidebook § 2.7

What is the Violence Against Women Act?
The Violence Against Women Act (VAWA) provides housing protections, among other things, for survivors of
domestic violence, dating violence, sexual assault, and stalking (“VAWA violence/abuse”).34 These
protections are not limited to women, and survivors are eligible for protections without regard to sex.35

VAWA’s housing protections apply to “applicants’ and “tenants” in covered housing programs, which include
the HCV program. The VAWA housing protections for “tenants” apply to participants in the HCV program.

Responsibilities Under VAWA
Under VAWA, PHAs and owners cannot deny admission or assistance, or terminate or evict from housing, an
applicant or tenant on the basis or as a direct result of the fact that the applicant or tenant is or has been a
survivor of VAWA violence/abuse if the applicant or tenant otherwise qualifies for admission, assistance,
participation, or occupancy.36 This includes that a PHA or owner cannot deny admission or assistance, or
terminate or evict an applicant or tenant based on an adverse factor, if the adverse factor is determined to be
a direct result of the fact that the applicant or tenant is or has been a VAWA violence/abuse survivor. On the
surface, adverse factors may appear unrelated to domestic violence, dating violence, sexual assault, or
stalking and may present legitimate reasons for denial, termination, or eviction. However, the presence of an
adverse factor may be due to an underlying experience of domestic violence, dating violence, sexual assault,
or stalking. For examples of adverse factors that may be a direct result of VAWA violence/abuse, and further
discussion of scenarios explaining the meaning of “direct result,” see Notice PIH-2017-08.37 Incidents or
threats of domestic violence, dating violence, sexual assault, or stalking will not be considered a serious or
repeated lease violation by the survivor, or good cause to terminate the tenancy of the survivor.38

Moreover, PHAs and owners shall not discriminate against any person because that person has opposed any
act or practice made unlawful by VAWA or because that person testified, assisted, or participated in any
matter related to VAWA’s housing protections.39 In addition, VAWA prohibits PHAs and owners from coercing,
intimidating, threatening, or interfering with or retaliating against any person in the exercise or enjoyment of,
on account of the person having exercised or enjoyed, or on account of the person having aided or

32 24 CFR 8.56(c) and (k), 24 CFR 103.10.
33 See 42 U.S.C. §§ 12181–12189.
34 34 U.S.C § 12291 (definitions); 34 U.S.C. §§ 12471-12496 (addressing the housing needs of victims); 24 CFR 5.2001-2011.
35 24 CFR 5.2001.
36 24 CFR 5.2005(b)(1).
37 Notice PIH-2017-08, Section 7.
38 24 CFR 5.2005(c) and Notice PIH-2017-08.
39 34 U.S.C.§ 12494(a).

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encouraged any other person in the exercise or enjoyment of, any rights or protections under VAWA.40
Furthermore, VAWA protects the right of landlords, homeowners, tenants, residents, occupants, guests of, or
applicants for any housing (including, but not limited to, tenants, residents, occupants, guests of, and
applicants in the HCV program) to seek law enforcement or emergency assistance on their own behalf or on
behalf of someone else who needs assistance.41

Documentation of VAWA Violence/Abuse
PHAs and owners are not required to ask for documentation when an individual presents a claim for VAWA
protections; the PHA or owner can accept a survivor’s oral representation that they are or have been a survivor
of VAWA violence/abuse. If the PHA or owner chooses to request documentation of the VAWA violence/abuse,
it must make its request for documentation to the survivor in writing. The PHA or owner may choose to accept
any evidence of VAWA violence/abuse provided by the survivor, even if it is not listed below.42 However, if the
PHA or owner decides to request documentation of the VAWA violence/abuse, the PHA or owner is required to
accept any of the following forms of documentation from the survivor:43

     1. VAWA self-certification form (HUD-5382);
     2. A record from a court, administrative agency or law enforcement agency (records from all Federal,
        State, tribal, territorial and local law enforcement agencies are acceptable, including police reports);
     3. A document related to the VAWA violence/abuse signed by a professional that the survivor has sought
        assistance from.
            o Who can sign?
                     ▪ Any of the following types of professionals may provide a verifying signature:
                               • Attorney
                               • Medical professional (including doctor)
                               • Mental health professional
                               • Survivor service provider
                     ▪ People who work for the professional as employees or agents may sign, and people
                          who are volunteers for the professional may also sign.
            o What must the document from the professional contain?
                     ▪ Two signatures:
                               • The applicant/tenant must sign, and
                               • The professional (or an employee, volunteer or agent of the professional) must
                                    sign.
                     ▪ A statement by the professional that contains the following:
                               • Under penalty of perjury, the professional believes:
                               • That the survivor experienced an incident of domestic violence, dating
                                    violence, sexual assault, or stalking,44 and
                               • That this incident fits the definition of domestic violence, dating violence,
                                    sexual assault, and/or stalking described in 24 CFR 5.2003.45

If the PHA or owner chooses to require a person seeking protections to provide documentation, the PHA must
provide the person with at least 14 business days. A PHA or owner may, at its discretion, extend the 14-

40 34 U.S.C § 12494(b) (prohibition on coercion).
41 See 34 U.S.C. § 12495.
42 24 CFR 5.2007(b)(1)(iv).
43 24 CFR 5.2007(b).
44 See 24 CFR 5.2003 for the VAWA definitions of these terms.
45 See 24 CFR 5.2003 for the VAWA definitions of these terms.

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business day deadline. PHAs and owners are encouraged to consider factors that may contribute to the
survivor’s inability to provide the documentation in a timely manner. These factors may include, but are not
limited to: cognitive limitations, disabilities, limited English proficiency, absence from the unit due to
hospitalization or time in an emergency shelter, administrative delays in obtaining police or court records, the
danger of further violence, and the survivor’s need to address health or safety issues. PHAs and owners may
also need to extend the deadline as a reasonable accommodation for a person with a disability.

However, if the applicant or tenant does not provide the documentation within 14 business days after
receiving the written request for that documentation or within the designated extension period, neither VAWA
nor HUD’s VAWA regulations prevent the PHA or owner from acting within its lawful authority to:
        (A) Deny admission by the applicant or tenant to the covered housing program;
        (B) Deny assistance under the covered housing program to the applicant or tenant;
        (C) Terminate the participation of the tenant in the covered housing program; or
        (D) Evict the tenant, or a lawful occupant that commits a violation of a lease46

An individual’s failure to timely provide documentation of domestic violence, dating violence, sexual assault,
or stalking does not result in a waiver of the individual’s right to challenge the denial of assistance or
termination, nor does it preclude the individual’s ability to raise an incident of domestic violence, dating
violence, sexual assault, or stalking at eviction or termination proceedings. If the PHA denies VAWA
protections, it must still follow its established procedures for grievance hearings, informal hearings, or
informal reviews.

If a PHA or owner requests and receives written documentation of VAWA violence/abuse and that
documentation contains conflicting information, then a PHA or owner may require additional third-party
documentation from the person requesting protection (example: if a PHA receives VAWA self-certification
forms from different members of the same household who each claim to be survivors and name one or more
of the other household members who have requested VAWA protections as the perpetrator).47 In this situation,
the PHA or owner may request additional third-party documentation. However, PHAs and owners are
prohibited from conducting further fact finding for the purpose of trying to verify the “validity” of an applicant
or tenant’s survivor status.

The survivor can provide any of the following types of third-party documentation: records from agencies
(number two in the list above), a signed document from a professional (number three in the list above), or a
statement or other evidence provided by the applicant or tenant that the PHA chooses to accept. The PHA or
owner may choose to require that the person requesting protection submit this additional third-party
documentation within 30 calendar days of the PHA’s or owner’s request for this additional documentation.

VAWA Notice of Occupancy Rights Requirements
PHAs must provide a VAWA Notice of Occupancy Rights to each applicant and to each tenant.48 The Notice of
Occupancy Rights must be based on HUD’s model form, HUD-5380, without changes to the core protections
and confidentiality rights, and must be customized to reflect the specific program and PHA’s information. The
Notice of Occupancy Rights must be provided to all applicants and tenants when they are provided assistance
or admission,49 when an applicant is denied assistance or admission, and with any notification of eviction or

46 24 CFR 5.2007(a)(2)(i).
47 24 CFR 5.2007(b)(2).
48 24 CFR 5.2005(a)(1).
49 For the HCV program, this term refers to the date the tenant actually begins receiving assistance (HAP contract execution), not the
date at which the tenant is first selected for assistance (voucher issuance), though the PHA may provide the notice earlier.

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termination of assistance.50 The PHA must also provide the HUD VAWA self-certification form, HUD-5382, with
the Notice of Occupancy Rights.51 The Notice and form must be made available in multiple languages.52 The
VAWA Notice of Occupancy Rights is for use by all HUD-covered programs and PHAs, not owners, are
responsible for this activity in the Housing Choice Voucher program.

VAWA Emergency Transfer Plan Requirements
PHAs must adopt and follow an Emergency Transfer Plan based on HUD’s model emergency transfer plan
(HUD-5381).53 In the HCV program, PHAs, not owners, are the covered housing provider that is responsible for
adopting an Emergency Transfer Plan. If an owner receives a request for an emergency transfer, the owner is
encouraged to explain to the victim that the PHA is the covered housing provider for this activity, and that the
PHA should be contacted directly.

The Emergency Transfer Plan must allow for emergency transfers if a tenant who is a survivor of domestic
violence, dating violence, sexual assault, or stalking reasonably believes there is a threat of imminent harm
from further violence if they remain in the same unit, and requests a transfer.54 A tenant’s reasonable belief
that there is a threat of imminent harm from further violence may be based on domestic violence, dating
violence, sexual assault, or stalking that happened to a household member.

The Emergency Transfer Plan must also allow for emergency transfers where a tenant who is a survivor of
sexual assault requests a transfer and the sexual assault occurred on the premises at some point during the
90 days prior to the survivor’s request for an emergency transfer.55 In this case, the survivor does not need to
show that they have a reasonable belief in imminent harm – the occurrence of the sexual assault within the
last 90 days is sufficient to trigger eligibility for an emergency transfer. A tenant’s request for an emergency
transfer may be based on the occurrence of a sexual assault against a household member on the premises
within the last 90 days.

The Emergency Transfer Plan must specify the PHA’s procedures for receiving and responding to emergency
transfer requests, and for taking steps to provide internal and external emergency transfers. It must include
information regarding how the PHA will allow internal emergency transfers, which are emergency transfers in
which the survivor would not be considered a new applicant for assistance. One example of an internal
emergency transfer is a move from one public housing unit to another public housing unit owned by the same
PHA. It must also include information about the reasonable efforts the PHA will take to assist a tenant who
wishes to make an external emergency transfer, which are emergency transfers to units or assistance for
which the survivor would be considered a new applicant. An example of an external emergency transfer is an
emergency transfer from a public housing unit owned by one PHA to a public housing unit owned by another
PHA.

The plan must allow the PHA’s tenants who qualify for an emergency transfer to make an “internal emergency
transfer” to another public housing unit in that PHA’s portfolio when the unit is immediately available, and the
survivor believes that unit to be safe. The plan must also include internal emergency transfer policies to cover
instances where no units may be immediately available, or the survivor may not consider any of the
immediately available units to be safe. These policies must ensure that requests for “internal emergency
transfers” under VAWA receive, at a minimum, any applicable additional priority the PHA may already provide

50 24 CFR 5.2005(a).
51 24 CFR 5.2005(a).
52 24 CFR 5.2005(a)(3); Executive Order 13166.
53 24 CFR 5.2005(e).
54 24 CFR 5.2005(e)(2)(ii)(A)-(B).
55 24 CFR 5.2005(e)(2)(ii)(B).

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to other types of emergency transfer requests (such as transfer requests due to fire or flooding).” The PHA
must continue to consider and allow internal emergency transfers to available units until the survivor
determines the identified unit is safe.56

A PHA’s policies on restricting timing and number of moves do not apply when the family or a member of the
family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move
is needed to protect the health or safety of the family or family member.57

Further, a PHA may not terminate assistance if the family, with or without prior notification to the PHA, has
already moved out of a unit in violation of a lease, if such a move occurred to protect the health or safety of a
family member who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking;
and who reasonably believed they were imminently threatened by harm from further violence if they remained
in the dwelling unit, or if any family member has been the victim of sexual assault that occurred on the
premises during the 90- calendar-day period preceding the family’s request to move.58

The Emergency Transfer Plan must specify if the PHA will accept verbal self-certification of eligibility for an
emergency transfer or if a written request is necessary.59 HUD has provided a model Emergency Transfer
Request document (HUD-5383). The Emergency Transfer Plan must include policies for assisting a tenant who
is seeking an external emergency transfer under VAWA out of the HCV program or unit and a tenant who is
seeking an external emergency transfer under VAWA into the HCV program or unit.60

Confidentiality

The PHA and owner must keep strictly confidential any information that is submitted to the PHA or owner in
relation to an individual’s representation that they are a survivor entitled to a protection or remedy under
VAWA or in relation to an individual’s inquiry about or request for VAWA rights or protections. This includes all
information an individual may provide on the Certification form, HUD-5382, or the Emergency Transfer
Request form, HUD-5383, Information covered by this confidentiality requirement (“confidential information”)
may only be accessed by a PHA’s or owner’s employees or contractors if explicitly authorized by the PHA or
owner for reasons that specifically call for those individuals to have access to that information under
applicable Federal, State, or local law (e.g., the information is needed by a PHA’s or owner’s employee to
provide the VAWA protections to the survivor).

Confidential information also must not be entered into any shared database or disclosed to any other entity or
individual, except if:
    • Requested or consented to in writing by the tenant in a time-limited release;
    • Required for use in an eviction proceeding or hearing regarding termination of assistance, or
    • Otherwise required by applicable law.

In addition, HUD’s VAWA regulations require the PHA’s Emergency Transfer Plan to provide strict
confidentiality measures to ensure that the location of the survivor’s dwelling unit is never disclosed to a
person who committed or threatened to commit the VAWA violence/abuse.

56 24 CFR 5.2005(e).
57 24 CFR 982.354(c)(2)(iii).
58 24 CFR 982.354(b)(4) and 24 CFR 983.261(e).
59 24 CFR 5.2005(e)(5), 5.2005(e)(6) and 5.2005(e)(7)
60 24 CFR 5.2005(e).

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Bifurcation of the Lease

When a tenant or lawful occupant engages in criminal activity directly relating to VAWA violence/abuse, the
owner may choose to remove only that individual from the lease in order to evict, remove, terminate
occupancy rights, or terminate assistance to that individual without evicting, removing, terminating assistance
to, or otherwise penalizing a survivor of that criminal activity who is also a tenant or lawful occupant.61 This
process is known as “bifurcation of the lease.” In addition, under HUD’s currently codified regulations, if the
person removed was the only individual in the unit who had established eligibility as an eligible HCV
participant, the PHA must provide any remaining tenant an opportunity to establish eligibility for the covered
housing program and a reasonable time to do so or find other housing.62 In the HCV program, assistance is
limited to 30 days if the remaining family member has not submitted documentation evidencing a satisfactory
immigration status or a pending appeal of a verification determination of the family member’s immigration
status.

Enforcement of VAWA Protections

The Office of Fair Housing and Equal Opportunity (FHEO) has authority to investigate potential non-compliance
with VAWA, both through initiating a compliance review or investigating an individual complaint. Individuals
who believe they have experienced a violation of their VAWA rights can file a complaint with FHEO. FHEO will
investigate the complaint and seek to voluntarily resolve the allegations. If the complaint cannot be resolved,
FHEO will determine whether there is reasonable cause to believe a VAWA violation occurred and undertake
enforcement action to resolve the violation.

For more information on how VAWA applies in the HCV program, see Notice PIH-2017-08 or successor notice.