Domestic Violence Protections (VAWA)

Niceville Housing Authority
Violence Against Women Act (VAWA)

For a list of VAWA forms available, please visit the United States Department of Housing and Urban Development (HUD).

PURPOSE AND APPLICABILITY
The purpose of this policy is to implement the requirements of the Violence Against Women's Act (VAWA) with respect to the responsibilities of NHA regarding domestic violence, dating violence, sexual assault, and stalking. This policy shall be applicable to NHA's Public Housing Program and shall be part of NHA's Admissions and Continued Occupancy Policy (ACOP) by reference. Protections under this policy are available to all victims regardless of sex, gender identity, or sexual orientation and will be applied consistently with all nondiscrimination and fair housing requirements.

The Niceville Housing Authority's VAWA policy shall be referenced in and attached to the Niceville Housing Authority's five-year Public Housing Agency Plan and shall be incorporated in and made a part of the Niceville Housing Authority's Admissions and Continued Occupancy Policy. To the extent any provision of this VAWA Policy shall vary or contradict any previously adopted procedure of the Niceville Housing Authority, this VAWA Policy shall prevail.
GOALS AND OBJECTIVES
1. Maintaining compliance with all applicable legal requirements imposed by VAWA.
2. Ensuring the physical safety of victims of actual or threatened domestic violence, dating violence, sexual assault, and stalking.
3. Providing and maintaining housing opportunities for victims of domestic violence, dating violence, sexual assault, and stalking.
4. Creating and maintaining collaborative arrangements between the NHA, law enforcement authorities, victim service providers and others to promote the safety and well-being of victims of actual or threatened domestic violence, dating violence, sexual assault, and stalking.
5. Taking appropriate action in response to an incident or incidents of domestic violence, dating violence, sexual assault and stalking affecting individuals assisted by the NHA.
DEFINITIONS
1. Domestic Violence - The term "includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse, or a pattern or any other coercive behavior committed, enabled or solicited to gain or maintain power or control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who:
  1. Is a current or former spouse, or intimate partner of the victim, or person similarly situated to a spouse of the victim.
  2. Is cohabitating or has cohabitated with the victim as a spouse or intimate partner.
  3. Share a child in common with the victim.
  4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
2. Spouse or Intimate Partner - includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
3. Dating Violence - violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
4. Sexual Assault - is any type of sexual contact or behavior that occurs without the explicit consent of the recipient, including when the individual lacks capacity to consent.
5. Stalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's individual safety or the safety of others, or suffer substantial emotional distress.
6. Affiliated individual - with respect to an individual, means.
  1. A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or
  2. Any other person living in the household of that individual.
7. Perpetrator - a person who commits acts of domestic violence, dating violence, sexual assault, or stalking against a victim.
8. VAWA Self-Petitioner - refers to noncitizens who claim to be victims of "battery or extreme cruelty." Battery or extreme cruelty includes domestic violence, dating violence, sexual assault, and stalking. VAWA allows these noncitizens to self-petition for Lawful Permanent Resident (LPR) status without the cooperation of or knowledge of their abusive relative.
9. Economic Abuse - in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to:
  1. restrict a person's access to money, assets, credit, or financial information.
  2. Unfairly use a person's economic resources, including money, assets and credit for one's own advantage or;
  3. Exert undue influence over a person's financial and economic behavior or decisions including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.
10. Technological Abuse - means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor except as otherwise permitted by law, another person that occurs using any form of technology, including but not limited to, internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs,, apps, location tracking devices or communication technologies, or any other emerging technologies.
NOTIFICATIONS PROVIDED
1. All applicants and residents of NHA's Housing Program will be provided HUD- 5380, "Notification of Occupancy Rights Under the Violence Against Women Act (VAWA)" and HUD-5382, "Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documents" at the following times:
  1. At time of denial of assistance or admission.
  2. At time of providing of assistance or admission.
  3. At any eviction or termination.
  4. At recertification or lease renewal.
2. These forms will be provided in the applicable language, if necessary, in accordance with Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency).
ADMISSIONS AND SCREENING
1. Non-Denial of Assistance - NHA will not deny assistance or admission to any person because that person is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, provided that such person is otherwise qualified for admission.
2. Mitigation of Disqualifying Information
  1. An applicant for assistance whose history includes incidents in which the applicant was a victim of domestic violence, may request that the NHA take such information into account in mitigation of potentially disqualifying information, such as poor credit history or previous damage to a dwelling.
  2. If requested by an applicant to take such mitigating information into account, NHA shall be entitled to conduct such inquiries as are reasonably necessary to verify the claimed history of domestic violence and its probable relevance to the potentially disqualifying information.
  3. NHA will not disregard or mitigate potentially disqualifying information if the applicant household includes a perpetrator of a previous incident or incidents of domestic violence.
TERMINATION OF TENANCY OR ASSISTANCE
1. VAWA Protections
  1. A resident may not be denied tenancy or occupancy rights solely based on criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking if:
    1. the criminal activity is engaged in by a member of the household of the resident or any guest or other person under the control of the resident and
    2. the resident or an affiliated individual of the resident is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking
  2. An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be considered as a serious or repeated violation of the lease by the victim or threatened victim or good cause for terminating the assistance, tenancy or occupancy rights of the victim or threatened victim of such incident.
2. Limitations of VAWA Protections
  1. Nothing in the above section limits the authority of NHA to comply with a court order with respect to the rights of access or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking, or the distribution or possession of property among members of a household.
  2. Nothing in the above section limits any available authority of NHA to evict or terminate assistance to a resident for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking. However, NHA will not hold to a more demanding standard, a resident or an affiliated individual who is or has been a victim of or domestic violence, dating violence, sexual assault, or stalking
  3. Nothing in the above section limits the authority of NHA to evict or terminate from assistance any resident or lawful applicant if
    1. NHA can demonstrate an actual and imminent threat to other residents or to those employed at or providing service to the property, if the resident is not evicted or terminated from the assistance, and
    2. no other actions that could be taken to reduce the threat have been successful, including transferring the victim to a different unit. barring the perpetrator from the property, involving law enforcement, or seeking other legal remedies to prevent the perpetrator from acting on a threat.
VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Requirement for Verification. Subject only to waiver as provided in paragraph D below, the NHA shall require verification in all cases where an individual requests protection against an action involving domestic violence, dating violence, sexual assault, or stalking.
  
  Verification may be accomplished in one of three ways:
  1. Completing HUD-5382, "Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking"
  2. Other documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the side effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury that the incident or incidents in question are bona fide and meet the requirements of the applicable definition set forth in this policy.
  3. Police or court record - provided to NHA by federal, state, tribal, or local police or court record describing the incident or incidents in question.
2. Time Allowed. An individual who claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking, and who is requested by NHA to provide verification, must provide such verification within 14 business days after receipt of the request for verification. Failure to provide verification, in proper form within such time will result in loss of protection under VAWA and this policy against a proposed adverse action.
3. If NHA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), NHA has the right to request that the resident provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. Failure to provide third-party documentation where there is conflicting evidence will result in loss of protection under VAWA and this policy against a proposed adverse action.
4. Waiver of verification requirement. With respect to any specific case, NHA may waive the above-stated requirements for verification and provide the benefits of this policy based on the victim's statement or other corroborating evidence. Such waiver may be granted in the sole discretion of the Executive Director or President/CEO. Any such waiver must be in writing. Waiver in a particular instance or instances shall not operate as precedent for, or create any right to, waiver in any other case or cases, regardless of similarity in circumstances.
NON-CITIZEN SELF-PETITIONER VERIFICATION
1. Financial assistance to ineligible noncitizens will not be denied while verifying immigration status.
2. Self-petitioners can indicate that they are in "satisfactory immigration status" when applying for assistance or continued assistance. "Satisfactory immigration status" means an immigration status which does not make the individual ineligible for financial assistance. After verifying such immigration status in the Department of Homeland Security (OHS) Systematic Alien Verification for Entitlements (SAVE) System, DHAs will make a final determination as to the self-petitioner's eligibility for assistance.
3. To qualify, the noncitizen victim must have been battered or subjected to extreme cruelty by their spouse or parent, who is a U.S. citizen or LPR (Lawfully Permanent Resident).
4. Once NHA receives a self-petition (UCIS Form 1-360 or 1-130) or UCIS Form 797, DHA will not request any additional information from the VAWA self-petitioner, other than what is required using the SAVE system to complete the verification.
5. When NHA receives a self-petition or INS Form 797 Notice of Action, the DHA will initiate verification in the SAVE System F. Final determination from the SAVE System. NHA will receive one of two confirmations:
  1. The VAWA self-petition is verified, in which case the applicant is immediately eligible for housing and no evidence of battery or extreme cruelty shall be requested or collected.
  2. The 1-130 is verified, in which case the petitioner submitting a family-based visa petition must provide to the DHA any evidence of "battery or extreme cruelty."
6. Housing assistance and all other VAWA protections will be granted to the self-petitioner throughout the verification process until a final determination of LPR (Lawful Permanent Resident) status is made. If the final determination is to deny the VAWA self-petition or LPR petition, NHA must alert the petitioner and take actions to terminate voucher assistance or evict the petitioner from public housing in accordance with the existing public housing requirements.
EMERGENCY TRANSFER PLAN
1. Eligibility for Transfer
  In accordance with the Violence Against Women Act (VAWA) NHA allows residents who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the resident's current unit to another unit, regardless of sex, gender identity, or sexual orientation. The ability of NHA to honor such request for residents currently receiving assistance may depend upon:
  1. A preliminary determination that the resident is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and
  2. On whether NHA has another dwelling unit that is available and is safe to offer the resident for temporary or more permanent occupancy.
2. Requesting a transfer
  1. To request an emergency, transfer the resident shall notify NHA office and submit a written request for a transfer (HUD-5383). NHA will provide reasonable accommodations to this policy for individuals with disabilities. The resident's written request for an emergency transfer should include either:
    1. A statement expressing that the resident reasonably believes that there is a threat of imminent harm from further violence if the resident were to remain in the same dwelling unit assisted under NHA's program; or
    2. A statement that the resident was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the resident's request for an emergency transfer.
  2. NHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. However, NHA will act as quickly as possible to move a resident who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit.
  3. If a resident reasonably believes a proposed transfer would not be safe, the resident may request a transfer to a different unit.
  4. If a unit is available, the transferred resident must agree to abide by the terms and conditions that govern occupancy in the unit to which the resident has been transferred. NHA may be unable to transfer a resident to a particular unit if the resident cannot establish eligibility for that unit.
  5. In cases where the NHA determines that the family's decision to move out of NHA housing was reasonable under the circumstances, NHA may wholly or partially waive rent payments and any rent owed shall be reduced by the amounts of rent collected for the remaining lease term from a resident subsequently occupying the unit.
  6. If NHA has no safe and available units for which a resident who needs an emergency is eligible, NHA will assist the resident in identifying other housing providers who may have safe and available units to which the resident could move.
  7. At the resident's request, NHA will also assist residents in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan.
3. Safety and Security of Residents
  1. Confidentiality- NHA will keep confidential any information that the resident submits in requesting an emergency transfer, and information about the emergency transfer, unless the resident gives NHA written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the resident, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the resident.
  2. Pending processing of the transfer and the actual transfer, if it is approved and occurs, the resident is urged to take all reasonable precautions to be safe.
  3. Residents who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY).
  4. Residents who have been victims of sexual assault may call the Rape, Abuse & Incest National Network's National Sexual Assault Hotline at 800-656-HOPE or visit the online hotline at https://ohl.rainn.org/online/.
  5. Residents who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://victimsofcrime.org/.
OTHER REMEDIES
1. Lease Bifurcation
  1. NHA may bifurcate a lease; that is, remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to that member who engages in criminal activity related to of domestic violence, dating violence, sexual assault, or stalking. In such a case, it does not matter that the perpetrator was a signatory to the lease and the victim is allowed to stay in the unit or on the program.
  2. In removing the perpetrator from the household NHA will follow all federal, state, and local eviction procedures.
  3. If the evicted person was the eligible person in the household, the remaining residents will be given 90 days from the date of bifurcation of the lease to:
    1. Establish eligibility for the program they are currently under
    2. Establish eligibility under another program, or
    3. Find alternative housing
2. Efforts to promote housing stability
  NHA will make every effort that is feasible and permissible to assist victims to remain in their units or other units of NHA and/or retain assistance. NHA will bear the cost of any transfer, where permissible.
3. Relationships with service providers
  It is the policy of NHA to cooperate with organizations and entities, both private and governmental, that provide shelter and/or services to victims of domestic violence. If NHA becomes aware that an individual assisted by NHA is a victim of domestic violence, dating violence, sexual assault, or stalking, NHA will refer the victim to such providers of shelter or services as appropriate. Notwithstanding the foregoing, this Policy does not create any legal obligation requiring NHA either to maintain a relationship with any provider of shelter or services to victims of domestic violence or to make a referral in any particular case.