>>> GOOD MORNING.
GOOD AFTERNOON.
I'M THE ACTING ASSISTANT SECRETARY FOR MULTIHOUSING
PROGRAMS.
WELCOME.
FIRST TRAINING BROADCAST COVERED VAWA FROM AN OWNER/AGENT
PERSPECTIVE.
TODAY'S WEBCAST WILL COVER THE VAWA RULE FROM THE PERSPECTIVE
OF HUD STAFF AND STAFF WORKING AT THE PERFORMANCE-BASED
CONTRACT ADMINISTRATORS OR THE PCBAs.
SITTING NEXT TO ME ARE OUR PRESENTERS, DANIELLE GARCIA AND
ANISE SAW.
KRISTA IS WITH US.
SHE'S IN THE STUDIO FIELDING LIVE QUESTIONS THAT YOU CAN
SUBMIT.
THE VAWA RULE WAS PUBLISHED ON NOVEMBER 2016 AND WE PUBLISHED
THE HOUSING NOTICE ON JUNE 30th.
THE FINAL RULES CHANGES TO VAWA ARE SIGNIFICANT.
THE REQUIREMENTS APPLY TO ALL ASSISTED HOUSING REQUIREMENTS
INCLUDING 202, HUD GUIDANCE ON THE IMPLEMENTATION OF VAWA FINAL
RULE IS LONG-AWAITED AND I COULD NOT BE MORE PLEASED THAT HOUSING
NOTICE 2705 IS NOW AVAILABLE.
SINCE NOVEMBER OF 2016, PUBLICATION OF THE RULE -- I
KNOW PCBA AND FIELD STAFF HAVE RECEIVED NUMEROUS QUESTIONS
ABOUT THIS.
I WANT TO PERSONALLY THANK EACH OF YOU FOR YOUR TIRELESS EFFORTS
IN PROVIDING THE INDUSTRY WITH THE ANSWERS AND POSITIVE
RE-ENFORCEMENT.
THANK YOU FOR JOINING US AND WE HOPE YOU FIND THIS TRAINING
HELPFUL AS YOU SUPPORT THE IMPLEMENTATION OF THE VAWA RULE.
NOW I WILL TURN IT OVER TO 2 DANIELLE WHO WILL COVER THE
AGENDA.
I CAN ASSURE YOU DANIELLE IS A BETTER READER THAN I AM.
>> GREAT.
THANK YOU, BOB.
I WILL COVER THE AGENDA.
I'M PLEASED WITH THE OPPORTUNITY TO SPEAK WITH YOU TODAY ON A
TOPIC OF WHICH WE HAVE GOTTEN NUMEROUS QUESTIONS AT HUD.
OUR TEAM HAS WORKED HARD ON PUTTING GUIDANCE TOGETHER AND I
SHARE WITH BOB'S DELIGHT IN MAKING THIS LONG-AWAITED
PUBLICATION AVAILABLE TO YOU.
ANISSA IS GOING TO COVER THE FIRST PART, IT WILL INCLUDE THE
OVERVIEW OF THE RULE, NOTICE OF OCCUPANCY RIGHTS WHICH IS FORM
HUD 5380 AND 5382.
I WILL COVER THE LEASE BIFURRATION, KEEPING YOUR
RECORDS, CONFIDENTIAL AND HOW TO MAINTAIN CONFIDENTIAL.
IF YOU TUNED INTO LAST WEEK, WE GOT MORE INTO THE NUTS AND BOLTS
OF SOME OF THE CHANGES AND REQUIREMENTS.
THE WEBCAST FOR THE VAWA FROM OWNER/AGENT PERSPECTIVE HAS BEEN
ARCHIVED THROUGH HUD WEBSITE AND IS AVAILABLE FOR YOUR VIEWING.
WE WILL PROVIDE A BRIEF OVERVIEW.
FOR THOSE OF YOU WHO MAY PERFORM MORs WE'LL DISCUSS A FEW
RECOMMENDATIONS FOR CORRECTIVE ACTIONS FOR IDENTIFIED
INFRACTION, KEEP IN MIND THAT THESE ARE ONLY SUGGESTIONS, IT
SHOULD NOT BE CONSIDERED MANDATORY BUT FEEL FREE TO REACH
OUT TO US IF YOU HAVE QUESTIONS.
I WANT TO MENTION THAT WE'LL BE TAKING QUESTIONS LIVE.
SO PLEASE CONTACT KARISSA.JANIS.@HUD.GOV.
SEND-- SEND US OUR QUESTIONS.
NOW I'M GOING TO TURN THINGS 3 OVER TO ANISSA.
>> THANK YOU, DANIELLE.
IF YOU TUNED IN LAST WEEK, I'M APPRECIATIVE THAT YOU ARE BACK
WITH US TODAY.
IT'S MY HOPE THAT YOU WALK AWAY FROM TODAY'S PRESENTATION WITH A
POINT OF REFERENCE THAT YOU CAN USE AT A LATER TIME.
HOUSING NOTICE 2017-05 PROVIDES OWNERS -- OF HUD MULTIFAMILY
ASSISTED HOUSING ON THE REQUIREMENTS OF THE VIOLENCE
AGAINST WOMEN RE-AUTHORIZATION ACT OF 2013.
IM.
IT WAS PUBLISHED IN THE FINAL REGISTER ON NOVEMBER 16th,
2016.
KEEP IN MIND THAT THE NOTICES DO NOT ENCOMPASS WITH ALL OF THE
VAWA RULES.
THERE'S SEVERAL KEY CHANGES RELATED TO HOUSING PROTECTION
FOR VICTIMS OF VIOLENCE, DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT OR STALKING.
TODAY I WILL NOT GO INTO DETAILS REGARDING CHANGES TO THE VAWA
RULE -- THAT THE VAWA RULE BROUGHT ABOUT.
BUT I WILL MENTION THAT ONE OF ITS CORE ASPECTS IS TO PROVIDE
CLARIFICATION THAT HUD HOUSING PROGRAMS MAY NOT DENY OR
TERMINATE APPLICANT -- OR TENANT ASSISTANCE ON THE BASIS OR AS A
DIRECT RESULT OF THE APPLICANT OR TENANT CURRENTLY OR HAVING
BEEN A VICTIM OF A VAWA CRIME.
IF THE APPLICANT OR A TENANT OTHERWISE QUALIFIES FOR
ADMISSIONS ASSISTANCE OR OCCUPANCY.
A SUMMARY OF MAJOR CHANGES CAN BE REVIEWED ON -- IN SECTION 4
OF THE HOUSING NOTICE.
I ALSO WANT TO POINT OUT THAT SECTION 5 OF THE HOUSING NOTICE 4
PROVIDES DEFINITIONS OF TERMS THAT WERE REFERRED TO.
BE SURE TO FAMILIARIZE YOURSELF WITH THOSE TERMS.
THERE'S SOME NEW UPDATED FORMS FOR YOU TO LOOK OUT FOR.
THE NOTICE OF OCCUPANCY RIGHTS, WHICH IS FORM 5380, THE MODEL
EMERGENCY TRANSFER PLAN, WHICH IS FORM 5381, THE CERTIFICATION
OF A VAWA CRIME WHICH IS FORM 5382, THE EMERGENCY TRANSFER
REQUEST, WHICH IS FORM 5383, THE VAWA LEASE ADDENDUM WHICH IS
FORM 91607, WILL BE UPDATED TO INCLUDE PROVISIONS.
THE FORMS THAT ARE CURRENTLY ON HUD CLIPS ARE EXPIRED BUT WE ARE
ENCOURAGING CONTINUED USE OF THESE FORMS UNTIL UPDATED FORMS
ARE RELEASED.
IN THE VAWA PACKET, IT WAS PUBLISHED TODAY.
AND IT WILL BE POSTED FOR PUBLIC COMMENT FOR A PERIOD OF 60 DAYS.
I BELIEVE IT WILL BE AVAILABLE FOR COMMENT UNTIL OCTOBER 2nd,
I BELIEVE IT IS.
MAKE SURE YOU TAKE TIME IF YOU HAVE ANY COMMENTS, COMMENT ON
THE FORMS.
JUST MAKE SURE THAT THOSE FORMS THAT YOU -- THAT THOSE FORMS
THAT ARE PUBLISHED -- THAT WERE PUBLISHED TODAY, MAKE SURE YOU
DON'T USE THOSE FORMS BECAUSE THEY ARE NOT APPROVED YET.
THEY ARE ONLY -- THEY ONLY HAVE PROPOSED CHANGES, SO JUST MAKE
SURE YOU DON'T USE THAT.
THAT'S SOMETHING AS A REVIEWER, WHEN YOU GO OUT, YOU WANT TO
MAKE SURE THAT OWNERS AND AGENTS ARE NOT USING THOSE UNAPPROVED
FORMS.
KEEP IN MIND THIS INCLUDES THE FAMILY, THE
ELDERLY AND THE DISABLED PROPERTIES.
SO THAT INCLUDES THE PROJECT-BASED SECTION 8 OR THE 5
PRACS, THE 236, THE 811-PRA AND 221-D-3 AND D-5.
VAWA PROTECTIONS SHOULD BE MADE AVAILABLE TO THOSE WHO ARE
VICTIMS OF A VAWA CRIME.
IT'S NOT LIMITED TO WOMEN.
IT'S AVAILABLE TO ALL WITHOUT REGARD TO SEX, GENDER IDENTITY,
OR SEXUAL ORIENTATION.
GUESTS, UNASSISTED HOUSEHOLD MEMBERS ARE NOT ELIGIBLE FOR
PROTECTIONS.
HOWEVER, AS A REASONABLE ACCOMMODATION, A TENANT CAN
REQUEST VAWA PROTECTIONS IF A LIVE-IN AIDE IS A VICTIM.
THEY MAY REQUEST AN EMERGENCY TRANSFER FOR THE HOUSEHOLD.
SO TENANTS CANNOT BE EVICTED OR HAVE ASSISTANTS TERMINATED BASED
ON A GUEST UNASSISTED VICTIM OR A LIVE-IN AIDE OF A CRIME.
OUR FINAL PROVISIONS ARE NOW IN EFFECT.
ALTHOUGH MOST WERE IN EFFECT DECEMBER 16th, 2017, THE
EMERGENCY TRANSFER PLAN WAS REQUIRED JUST LAST MONTH, WHICH
IS JUNE 14th, 2017.
THE CORPORATE CONFIDENTIALITY RIGHTS OF THE NOTICE OF
OCCUPANCY RIGHTS CANNOT BE CHANGED.
THINGS CAN BE ADDED SUCH AS SUBPROPERTIES -- THE PROPERTY
NAME, THE ORGANIZATION NAME, THE COVERED HOUSING, PROGRAM TYPE.
FOR EXAMPLE, THE SECTION -- THEY CAN ADD SECTION 8 OR THE
811-PRA.
TERMINOLOGY PERTINENT TO THE PROGRAM TYPE THAT MAKES THE
NOTICE MORE MEANINGFUL TO APPLICANTS CAN -- APPLICANTS AND
TENANTS CAN BE ADDED.
THE NOTICE OF OCCUPANCY RIGHTS 5380, MUST BE PROVIDED IN
CONJUNCTION WITH THE CERTIFICATION FORM WHICH IS FORM
5382.
6 THE 5380 AND 5382 MUST BE
PROVIDED TO REJECTED APPLICANTS.
THEY MUST BE PROVIDED TO NEW MOVE-INS.
THEY MUST BE PROVIDED WITH NOTICES OF EVACUATION OR
TERMINATION OF ASSISTANCE.
THEY MUST BE PROVIDED TO EACH HOUSEHOLD MEMBER DOING ANNUAL
CERTIFICATION NO LATER THAN DECEMBER 2017.
THE CERTIFICATION FORM, 5382, NOTE THAT THE 5382 REPLACES THE
91607 FORM -- I'M SORRY.
91066.
FORM 91066 SHOULD NOT BE USED.
5382 SHOULD BE PROVIDED ALONG WITH FORM 5380.
JUST MAKE SURE THAT OWNERS AND AGENTS ARE NO LONGER USING THE
91066.
FORMS 5380 AND 5382 MUST BE PROVIDED WITH EACH NOTICE OF
ELECTION, EACH TERMINATION OF ASSISTANCE, NO MATTER WHAT THE
REASON, WHETHER IT BE NONCOMPLIANCE, CRIMINAL
ACTIVITY, FAILURE TO RESPOND TO RECERTIFICATION, FAILURE TO MOVE
TO A DIFFERENT-SIZED UNIT OR INCREASE IN INCOME.
THE FORM SHOULD BE PROVIDED ONCE FOR EACH ACTION.
FOR INSTANCE, IF AN OWNER ISSUES A NOTIFICATION OF A TERMINATION
BECAUSE THE HOUSEHOLD'S INCOME DISQUALIFIES THEM FROM RECEIVING
SUBSIDIES, FORMS WOULD BE NEEDED TO BE PROVIDED.
IF THE OWNER ISSUES THE SAME -- THE SAME HOUSEHOLD FOR A KRILL
ACTIVITY, THE FORMS WILL BE -- THE FORMS WILL NEED TO BE
PROVIDED AGAIN.
EXCUSE ME.
OWNERS MUST ABIDE BY TERMINATION GUIDELINES SET FORTH IN THE
CHAPTER 8 OF THE HUD HANDBOOK, 4350.3 AS WELL AS ANY OTHER
LOCAL OR STATE LAWS.
7 A FEW THINGS TO LOOK FOR IN
REGARDS TO THE 5380 AND 5382, MAKE SURE THERE ARE NO CHANGES
OREXCLUSIONS OR CONFIDENTIALITY RIGHTS.
THE FORMS -- LOOK FOR -- IT DOES NOT REQUIRE ACKNOWLEDGE OF
RECEIPT, LOOK FOR THE EVIDENCE THAT THE FORMS WERE PROVIDED
WITH THE 2017 ANNUAL RECERTIFICATION.
IF NO ACKNOWLEDGEMENT OF RECEIPT IS PRESENT, DISCUSS THIS WITH
THE OWNER DURING THE INTERVIEW OF OUR MOR, ENCOURAGING THEM TO
DO SO.
IN MANY CAKES, IT MAY BE INCLUDED IN A PAGE OF
ACKNOWLEDGEMENT.
IT MAY BE NOTED IN THE FILE OR JUST NOTED ON A COPY THAT WAS
ACTUALLY PROVIDED TO THE TENANT.
JUST A FEW SUGGESTED CORRECTIVE ACTIONS DURING THE MOR.
IF THINGS ARE IDENTIFIED DURING THE MOR, HERE ARE A FEW
SUGGESTED CORRECTIVE ACTIONS.
IF KEMP RIT COMPONENTS OF THE CONFIDENTIALITY RIGHTS OF THE
NOTICE OF OCCUPANCY RIGHTS HAVE BEEN CHANGED, CONSIDER ISSUING A
FINDING REQUIRING THE OWNER TO MAKE THE APPROPRIATE
CORRECTIONS.
CONSIDER AN OBSERVATION FOR RECOMMENDATIONS -- OR
RECOMMENDATION FOR NOT PROVIDING THE 5380 AND 5382 TO CURRENT
RESIDENTS DURING THE ANNUAL -- DURING THE ANNUAL
RECERTIFICATION BY DECEMBER 15th, 2017.
CONSIDER ISSUING A FINDING FOR NOT PROVIDING THE FORMS AT OTHER
REQUIRED EVENTS, SUCH AS EVICTION TERMINATION, REJECTED
APPLICANT OR A MOVE-IN. AND HUD WILL ISSUE AN UPDATED
FORM, 91607, TO INCLUDE NEW PROVISIONS.
8 91607 NOW APPLIES TO ALL
MULTIHOUSING PROGRAMS.
SECTION 8 PROPERTIES SHOULD CONTINUE USING THE CURRENT FORM
AND PROVIDE REVISED -- PROVIDE A REVISED FORM TO CURRENT
HOUSEHOLDS AT THEIR CERTIFICATION AND TO NEW
MOVE-INS.
BECAUSE THE CURRENT ADDENDUM IS APPLICABLE TO ONLY SECTION 8
PROPERTIES, ALL OTHER PROGRAMS SHOULD NOT USE THE CURRENT FORM
91607 AND SHOULD WAIT UNTIL THE UPDATED FORM HAS BEEN ISSUED.
A FEW SUGGESTED CORRECTIVE ACTIONS FOR THE SECTION 8
PROGRAM.
ISSUE A FINDING IF -- IF AN OWNER IS NOT ISSUING THE UPDATED
FORM UNTIL -- UNTIL THE UPDATED FORM IS ISSUED, MAKE SURE OWNERS
ARE USING THE EXISTING FORM AND HAVE NOT AMENDED IT ON THEIR
OWN.
ALL OTHER PROGRAMS ARE NOT REQUIRED TO PROVIDE THE HUD
91607 UNTIL THE UPDATED VERSION RELEASED.
ONCE IT'S UPDATED ALL COVERED HOUSING PROJECT -- HOUSING
PROJECTS MUST USE BE THE UPDATED VERSIONS.
NOW IT'S TIME FOR QUESTIONS.
DID WE HAVE ANY QUESTIONS COME IN?
>> IT LOOKS LIKE A FEW HAVE COME IN HERE.
JUST TO PROVIDE CLARIFICATION -- WE'RE GETTING A LOT OF QUESTIONS
WITH OUR PACKAGES.
IS THE FOUR FORMS OUT ON THE FEDERAL REGISTER THAT WERE
PUBLISHED TODAY, THOSE ARE THE 5380, 5381, 5382, AND 5383.
>> YES.
>> THOSE FOUR FORMS, YOU CAN TAKE A LOOK, GIVE US COMMENTS
WITH WHAT WE'RE PROPOSING CHANGES TO ON HUD CLIFF AND THE 9
491607 FORM IS IN A DIFFERENT FORM.
AND THAT'S STILL WAITING TO GET PUBLISHED.
THAT FORM IS PART OF THE TRACT SUBMISSION AND WE'RE WORKING TO
GET THAT FORM ORIGINAL THE STREET.
>> GOOD POINT.
THANK YOU.
>> ONE QUESTION, DURING AN MOR OF A PROPERTY WITH MIXED
FUNDING, IT'S NOTED THAT OWNER/AGENTS IMPLEMENT
REQUIREMENTS ON THE FINAL RULE, IS THIS ACCEPTABLE?
CAN -- IT SOUNDS LIKE THE QUESTION IS, IF YOU HAVE
MULTIPLE-LAYERED PROGRAMS AND THE HUD FINAL RULE IS
IMPLEMENTED TO THEIR NON-ASSISTED UNITS, CAN THAT
HAPPEN?
>> THE RULE APPLIES ONLY TO APPLICANTS AND TENANTS.
OWNERS MAY CHOOSE TO EXTEND BUYER PROTECTIONS AND REMEDIES
TO TENANTS AND THE APPLICANTS OF OTHER HOUSING PROGRAMS IF THAT'S
WHERE THEY ARE APPLICABLE.
IT'S STRONGLY SUGGESTED THAT PROPERTIES WITH TAX CREDIT, SEEK
GUIDANCE FROM THE I RS FOR THOSE UNITS.
YOU MAY REFER -- YOU MAY ALSO REFER TO SECTION 2 OF THE
HOUSING NOTICE FOR APPLICABLE -- FOR ALL OF THE APPLICABLE
PROGRAMS.
>> OKAY.
>> NEXT QUESTION IS A LONG ONE.
THE LAST PAGE OF NOTICE OF OCCUPANCY RIGHTS, FORM 5380,
INDICATES THAT TENANT APPLICANT MAY REPORT A COVERED HOUSING
PROVIDER'S VIOLATION OF VAWA RIGHTS BY CONTACTING OR FILING A
COMPLAINT WITH AN INTERMEDIARY IF THE PROPERTY HAS ONE OR THE
LOCAL FIELD OFFICE.
10 IF THE PROPERTY HAS AN
INTERMEDIARY IS IT REQUIRE THAT THE PROPERTY LIST THE FIELD
OFFICES AS WELL OR CAN THEY LIST ONE OR THE OTHER?
>> WITH THAT ONE, I BELIEVE THAT'S ON PAGE 8 OF THE NOTICE
OF OCCUPANCY RIGHTS.
THEY GIVE THE -- THE VICTIM THE CHOICE IF THEY FEEL LIKE THEY
HAVE BEEN DISCRIMINATED AGAINST, THEY GIVE THEM A PLACE TO REPORT
THAT IF THEY FEEL LIKE THEY'VE BEEN DISCRIMINATED AGAINST.
AND I BELIEVE THE -- THE OWNER -- THE OWNER, OR AGENT,
THEY -- THERE IS A SPACE FOR THEM TO PLUG IN THE INTERMEDIARY
IF THEY HAVE ONE OR EITHER THE HUD FIELD OFFICE.
>> OKAY.
GO IF THEY HAVE AN INTERMEDIARY, SUCH AS A PCBA, OF COURSE, THEY
SHOULD ADD THAT INFORMATION IN THERE.
BUT IT'S STRICTLY UP TO THE OWNER OR THE AGENT IF THEY WANT
TO ADD BOTH.
>> OKAY.
>> STRICTLY UP TO THEM.
>> OKAY.
GREAT.
>>> ONE MORE QUESTION, IS IT
ACCEPTABLE FOR AN ONER/AGENT TO GIVE THE 5380 AND 5382 TO ALL
RESIDENTS ONCE AND HAVE THEM SIGN AN ACKNOWLEDGEMENT?
I THINK THE QUESTION IS, CAN THEY GIVE THE -- THOSE TWO FORMS
ALL AT ONCE OR -- >> NOW, THE VAWA RULE SES FIES
THAT THE 5 -- 5380 AND 5382 THEY MUSTING GIVEN AT EACH
HOUSEHOLD'S RECERTIFICATION.
AN OWNER MAY CHOOSE TO PROVIDE THE DIFFERENT FORMS TO THE
RESIDENTS BUT IN ORDER TO MEET REQUIREMENTS OF THE VAWA FINAL
RULE, THEY WILL STILL NEED TO 11 PROVIDE THE FORMS AGAIN AT THE
ANNUAL RECERTIFICATION.
THIS IS THE REGULATORY REQUIREMENT.
THERE'S NO FLEXIBILITY IN THAT.
OWNERS ARE REQUIRED TO PROVIDE THE FORMS AT ANY ADDITIONAL
TIMES DETERMINING -- DETERMINED TO BE HELPFUL AND INFORM THEIR
TENANTS OF THEIR RIGHTS UNDER VAWA.
HUD ALSO ENCOURAGES OWNERS TO POST THE NOTICE OF OCCUPANCY
RIGHTS ON THEIR WEBSITE AND IN PUBLIC AREAS, SUCH AS THE
WAITING ROOM, COMMUNITY BULLETIN BOARDS, THE LOBBY, WHERE ALL
TENANTS MAY VIEW THEM.
THIS WILL BE PARTICULARLY HELPFUL FOR HOUSEHOLDS WHOSE
NEXT RECERTIFICATION MAY BE MONTHS AWAY.
HOWEVER, EVEN IF THE FORMS ARE PROVIDED OPENERS STILL MUST
PROVIDE THEM.
>> GOOD POINT.
I WOULD -- ON ONE OF THE SLIDES PREVIOUSLY, WHAT WE'RE
RECOMMENDING, IF YOU ARE A HUD STAFF OR PCBA TO GIVE A
RECOMMENDATION.
IF THAT FORM WAS NOT GIVEN.
IT'S NOT REQUIRED THAT THEY SIGN IT.
JUST TO DOCUMENT IT WAS DONE AND THE ACTION WAS COMPLETE.
BUT JUST MAKE SURE THAT THROUGH CONVERSATIONS IN YOUR EXIT
INTERVIEW THAT THAT NOTICE GETS DONE FOR ALL ANNUAL RESEARCH.
IF OWNERS MISSED IT, GET IT OUT AS SOON AS POSSIBLE.
THAT WAY THE TENANTS ARE AWARE OF THEIR VAWA RIGHTS.
>> THANK YOU, DANIELLE.
>> THE CERTIFICATION OF VICTIM STATUS.
THERE'S BEEN CHANGES.
OWNERS MAY ACCEPT VERBAL REQUESTS FOR CERTIFICATION OR 12
THEY MAY REQUIRE WRITTEN REQUEST CERTIFICATION OR OTHER FORMS OF
DOCUMENTATION.
IF IT IS THE OWNER'S POLICY THAT REQUESTS THAT VAWA REQUESTS BE
IN WRITING, THEY MUST COMMUNICATE THIS TO THE VICTIM
IN THE FORMS OF A WRITTEN LETTER.
EITHER WAY, THE OWNER CANNOT REQUIRE MORE THAN ONE TYPE OF
DOCUMENTATION.
AN APPLICANT OR TENANT MAY SET ASIDE THE OWNER'S REQUEST BY
PROVIDING ANY ONE OF THE FOLLOWING, WHICH IS THE
CERTIFICATION FORM, 5382 OR A DOCUMENT SIGNED -- OR A DOCUMENT
WHICH HAS BEEN SIGNED FROM A PROFESSIONAL FROM WHOM THE
VICTIM SOUGHT ASSISTANCE THAT SPECIFIES UNDER THE PENALTY OF
PERJURY THAT THE PROFESSIONAL BELIEVES IN THE OCCURRENCE OF
THE INCIDENT OF A VAWA CRIME.
THAT IS THE GROUND FOR PROTECTION AND REMEDIES UNDER
THE VAWA FINAL RULE OR A RECORD FROM A GOVERNMENTAL LAW
ENFORCEMENT OR ADMINISTRATIVE AGENCY OR COURT.
IF THE APPLICANT OR TENANT SATISFIED THE OWNER'S REQUEST
FOR DOCUMENTATION AND THE SUBMITTED DOCUMENTATION DOES NOT
CONTAIN CONFLICTING INFORMATION, THE OBSERVER MAY ACCEPT -- I'M
SORRY.
YES.
THE OWNER ALSO HAS DISCRETION TO ACCEPT A STATEMENT OF OTHER
EVIDENCE.
MORE ON THIS CAN BE FOUND IN THE CODE OF FEDERAL REGULATIONS,
WHICH IS 5.207 B-1 AND THEN ALSO IN THE HOUSING NOTICE, WHICH --
BY IS SECTION 7.
OWNERS ARE REQUIRED TO -- OTHER
THAN POLICIES REGARDING THEIR ADMISSION OF -- ADMISSION AND/OR 13
PLACEMENT OF VICTIMS, HUD DOES NOT HAVE A POSITION ON WHERE
VAWA POLICIES ARE LOCATED OR PLACED.
WE'VE SEEN OWNERS ADAPT STAND-ALONE POLICIES WHILE
OTHERS HAVE INCLUDED THEM IN THE SELECTION TENANT PLAN OR IN THE
HOUSE RULES.
OWNERS ARE PROHIBITED A TENANT
OR EVICTING A TENANT BASED ON AN ADVERSE FACTOR.
IF YARD VERSE FACTOR IS DETERMINE TO BE A DIRECT RESULT
OF THE FACT THAT THE APPLICANT OR THE TENANT IS OR HAS BEEN A
VICTIM OF A VAWA CRIME.
THE APPLICANT MUST INFORM THE OWNER HE OR SHE IS A VICTIM.
AN OWNER MAY CONSIDER DOCUMENTATION OF ADVERSE FACTORS
RESULTING FROM BEING A VICTIM THAT OTHERWISE DEEM THE
INDIVIDUAL INELIGIBLE.
SOME EXAMPLES ARE POOR CREDIT HISTORY, WHICH RESULTED -- MAY
HAVE BEEN A RESULT OF THE ABUSER, USE OF THE VICTIM'S
CREDIT OR RENTAL HISTORY, WHICH RESULTS FROM EARLY LEASE
TERMINATION AND THEN ALSO CRIMINAL -- A CRIMINAL RECORD, A
VICTIM BEING FORCED TO MAYBE WRITE BAD CHECKS OR MISUSE
CREDIT OR FILE FRAUDULENT TAX RETURNS.
FAILURE TO PAY RENT.
AN OBJECTIVE REASONABLE TERMINATION OF WHETHER THE
ADVERSE FACTOR IS THE DIRECT RESULT OF THE APPLICANT OR
TENANT OR HAVING BEEN A VICTIM MUST BE MADE.
IN DOING SO, FOR CLARIFICATION PURPOSES, ADDITIONAL INFORMATION
MAY BE NEEDED.
RESPONSE TIME.
OWNERS, THEY MAY SET TIME RESTRAINTS.
THEY MAY REQUIRE THE VICTIM TO 14 PROVIDE DOCUMENTATION WITHIN 15
BUSINESS DAYS AFTER THE DATE THE INDIVIDUAL RECEIVES THE
WRITTEN -- AFTER -- I'M SORRY.
14 DAYS AFTER THE DATE THE INDIVIDUAL RECEIVES THE WRITTEN
REQUEST FOR THE DOCUMENTATION.
HOWEVER, THE OWNER MAY EXTEND THIS PERIOD AT ITS DISCRETION.
NOW, KEEP IN MIND DURING THIS 14-DAY PERIOD, AND ANY GRANTED
EXTENSIONS, NO EF-- NO EVICTIONS -- NO EVICTIONS CAN
BE DONE.
NOTHING IN THE VAWA FINAL RULE MAY BE CONSTRUED THAT -- MAY BE
CONSTRUED TO LIMIT THE AUTHORITY OF THE OWNER TO DENY ADMISSION,
TERMINATE ASSISTANCE OR EVICT INDIVIDUAL.
OTHER THING TO REMEMBER, FAILURE TO TIMELY PROVIDE DOCUMENT DOES
NOT RESULT IN THE TERMINATION.
IF THE OWNER DENIES VAWA, THEY MUST FOLLOW THE PROCEDURES SET
FORTH IN THE HANDBOOK.
I BELIEVE THAT'S CHAPTER 8.
CONFLICTING CLAIM OF EVIDENCE.
MORE THAN ONE PARTY MAY CLAIM VICTIM STATUS OR INITIAL
DOCUMENTATION GIVEN TO AN OWNER MAY CONTAIN CONTRADICTORY
INFORMATION ALREADY AVAILABLE TO THE OWNER.
IF AN OWNER HAS A POLICY OF REQUESTING THIRD-PARTY
DOCUMENTATION WHEN THERE ARE CONFLICTING CERTIFICATIONS, THIS
DOCUMENTATION MAY BE REQUESTED FROM BOTH PARTIES.
IF SUBMITTED DOCUMENTATION MEETS THE CRITERIA IN THE FINAL RULES,
THE OWNER MUST ACCEPT THE DOCUMENTATION AND IS PROHIBITED
FROM SEEKING ADDITIONAL DOCUMENTATION OF VAWA STATUS.
THEY ARE NOT ALLOWED TO NEIGHBORS OR OTHERS TO SEE IF
THE VICTIM IS, IN FACT, A VICTIM.
15 HOWEVER, IF THE OWNER ALREADY
HAS -- OR REGULARLY RECEIVES RELIABLE INFORMATION THAT
CONFLICTS WITH THE SUBMITTED DOCUMENTATION, THE OWNER MAY
REQUIRE THIRD-PARTY DOCUMENTATION OF VICTIM STATUS
BASED ON THE INFORMATION OUTSIDE OF THE SUBMITTED DOCUMENTATION.
SOME EXAMPLES OF INFORMATION -- OF THIS INFORMATION MAY BE
SURVEILLANCE FOOTAGE, POLICE REPORTS, AND OTHER VERIFIABLE
INFORMATION.
THIS INFORMATION MUST NOT BE COLLECTED FOR PURPOSES OF
DISCREDITING THE CLAIM FOR VAWA PROTECTIONS BUT IT MAY BE
COLLECTED FOR LEGITIMATE REASONS, SUCH AS ADDRESSING
SAFETY IN THE COMMUNITY.
THE PROPERTY'S WRITTEN POLICY SHOULD ALIGN WITH THEIR CURRENT
PRACTICES.
THE PROPERTY'S DISCRETION TO SET VERBAL OR WRITTEN REQUESTS OR
RECERTIFICATION OR DOCUMENTATION SHOULD BE CLEAR AND CONSISTENT.
IF THEIR POLICY TO REQUIRE WRITTEN REQUESTS OR
CERTIFICATION WITHIN THE VAWA FILE, THERE SHOULD BE EVIDENCE
THAT THERE WAS -- THAT THIS WAS COMMUNICATED IN THE VICTIM OF
THE FORM OF A DAILY LETTER.
A VAWA FILE SHOULD NOT CONTAIN DOCUMENTATION OF REQUESTS -- I'M
SORRY.
A VAWA FILE SHOULD CONTAIN DOCUMENTATION OF REQUESTS AND
THE OWNER'S RESPONSE.
AND IF ADVERSE FACTORS WERE CONSIDERED, THAT SHOULD BE
DOCUMENTATION TO SUPPORT THE FINAL DECISION.
A FEW OTHER THINGS TO LOOK FOR.
IF THERE IS A CASE OF CONFLICTING CLAIMS OR EVIDENCE,
DOCUMENTATION SHOULD SHOW HOW THE ISSUE WAS RESOLVED.
16 THERE SHOULD BE DOCUMENTATION
THAT THE APPLICANT IS OR IS NOT VALID.
IF THE OWNER'S TERMINATION WAS APPEALED, IT SHOULD BE PROCESSED
IN COMPLIANCE WITH THE ESTABLISHED PROCEDURES.
THE TIME FRAME OF THE OWNER'S RESPONSE SHOULD BE IN A
REASONABLE TIME PERIOD.
OKAY.
MANAGEMENT AND OCCUPANCY REVIEW.
NOW, DURING THE MOR, IF THERE'S BEEN A REQUEST TO SEE THE FILE,
CONSIDER USING THE FINDING IF THE REQUIRED DOCUMENTATION IS
STATED IN THE TENANT SELECTION PLAN OR THE POLICY, WHICH IS
THE -- THAT MAY BE FOUND IN THE HOUSE RULES AS WELL, IS NOT IN
THE FILE, USE DISCRETION WHEN ISSUING CORRECTIVE ACTIONS FOR
OWNERS COMPLIANT WITH PLACEMENT OR CONTENT OR WRITTEN POLICY
WITHIN THE TSP AND THE HOUSE RULES.
OKAY.
WE'RE -- WE HAVE MORE QUESTIONS IN.
>> OKAY.
JUST A REMINDER, CONTINUE SENDING YOUR QUESTIONS TO US.
FIRST QUESTION IS SHOULD WE REVIEW THE TENANT SELECTION PLAN
TO ENSURE THAT VAWA LANGUAGE IS INCLUDED?
>> YES.
YES.
IT IS REQUIRED THAT THE TSP BE UPDATED TO REFLECT THE
PREFERENCE AND ANY OTHER POLICY REGARDING TENANT SELECTION
AFFECTED BY CHANGES IMPLEMENTED.
KEEP IN MIND THAT IF THE OWNERS HAVE THE -- KEEP IN MIND THAT
OWNERS HAVE THE DISCRETION OF THE PLACEMENT OF THE ADOPTED
POLICIES, WHETHER IT BE A STAND-ALONE POLICY OR, YOU KNOW,
JUST KIND OF INTERWOVEN OR 17 BLEEDED THROUGH THE TENANT
SELECTION PLAN OR THE HOUSE RULES.
ALSO, KEEP IN MIND THAT CURRENT SECTION 8 PROGRAM, THEY SHOULD
ALREADY HAVE SOMETHING ABOUT THE VAWA RULE IN THE TSP BUT THIS IS
NEW TO 202s OR 811s.
THEY WILL NEED TO BE ADDED.
>> IT WAS A REQUIREMENT THAT VAWA PROTECTIONS ARE INCLUDED
FOR SECTION 8 PROGRAMS SO I THINK FOR THE OWNERS YOU ARE
GOING TO HAVE TO REVIEW WHAT YOU HAVE IN YOUR POLICY, FINESSE IT
A LITTLE BIT, AND THEN FOR YOUR 202 AND 8 -- AND 811 PRACS YOU
WILL BE ADDING THIS.
>> YES.
>> IF AN INDIVIDUAL QUESTIONING VAWA PROTECTION DOES NOT PROVIDE
REQUESTED DOCUMENTATION WITHIN THE REQUIRED TIME BUT THE OWNER
STILL ADMINISTERS THE PROTECTION, SHOULD THE OWNER BE
CONSIDERED OUT OF COMPLIANCE?
>> WELL, OWNERS, THEY MAY CONSIDER EXTENUATING
CIRCUMSTANCES THAT MAY CAUSE A DELAY IN THE VICTIM'S
CIRCUMSTANCES.
IT MIGHT NOT FALL WITHIN THE TIME FRAME.
HOWEVER, IT SHOULD BE DOCUMENTED THAT THE DELAY WAS REASONABLE.
>> OKAY.
ALL RIGHT.
AND IT LOOKS LIKE ONE MORE HERE.
THE VAWA FINAL RULE AND HOUSING NOTICE 1705 DOES NOT INDICATE
THAT DOCUMENTATION OF VAWA CLAIM SHOULD BE MAINTAINED IN A FILE,
SEPARATE FROM TENANT LEASING FOLDERS.
IS THIS STILL REQUIRED?
>> YES.
YES, IT IS.
THE VAWA RULE AND THE HOUSING NOTICE DOES NOT SPECIFICALLY
STATE THAT THAT THE VAWA 18 DOCUMENT BE MAINTAINED IN THE
SPECIFIC LOCATION.
HOWEVER, THE REGULATIONS -- THE CODE OF REGULATIONS -- I BELIEVE
IT'S 5.2007-C RESTRICTS DISCLERK URE OF INFORMATION TO
INDIVIDUALS OTHER THAN THE VICTIM UNLESS SPECIFIC
RECOMMENDATIONS ARE MET.
BECAUSE DOMESTIC VIOLENCE OFTEN OCCURS WITHIN THE HOUSEHOLD AND
THE MEMBERS OF THE HOUSEHOLD CAN REVIEW THE TENANT FILE.
THE REGULATIONS CALL FOR CONFIDENTIAL RECORD KEEPING IN A
LOW -- IN A LOCATION OTHER THAN THE FILE.
THIS IS IN 43.50-3.
THIS REQUIRES OWNERS TO RETAIN ALL DOCUMENTATION RELATED TO
A VAWA CLAIM THAT'S KEPT SEPARATE.
>> GREAT.
IT LOOKS LIKE I AM -- I'M NEXT ON THE LIST.
IF YOU WOULDN'T MIND DOING POWER POINT.
NEXT WE'RE GOING TO GO OVER LEASE BIFURCATION.
A FAMILY BREAKUP INVOLVES
TERMINATING THE ASSISTANCE OF THE PERPETRATOR WHILE ASSISTANCE
TO THE VICTIM.
SO THIS MEANS TO DIVIDE A LEASE SO THAT CERTAIN TENANTS CAN BE
REMOVED.
THE PERPETRATE -- THE PERPETRATOR IS TAKEN OFF THE
LEASE.
NOW, LEASE BIFURCATION DOES NOT APPLY TO GUESTS, UNREPORTED
HOUSEHOLD MEMBERS OR ANYONE WHO IS NOT A TENANT.
THE VAWA FINAL RULE ESTABLISHES A REASONABLE TIME PERIOD FOR
REMAINING FAMILY MEMBERS TO DEMONSTRATE ELIGIBILITY.
POOR HOUSING ASSISTANCE FOLLOWING LEASE BIFURCATION.
THE REMAINING FAMILY HAS TO MEET THE REQUIREMENTS.
19 IN MOST CASES THE OWNER/AGENT
MUST PROVIDE FAMILY MEMBERS A PERIOD OF 90 CALENDAR DAYS.
HOWEVER, THERE IS A FEW EXCEPTIONS TO THIS RULE.
SO FOR YOUR 202, 811 PRAC OWNERS, YOU HAVE 90 CALENDAR
DAYS OR WHEN THE LEASE EXPIRES, WHICHEVER IS FIRST.
FOR YOUR SECTION 2028 AND YOU HAVE 30 CALENDAR DAYS TO
ESTABLISH IMMIGRATION STATUS AND THE PERIOD WOULD NOT APPLY
BEYOND THE EXPIRATION OF THE LEASE UNLESS PERMITTED BY
PROGRAM REGULATIONS.
EVICTION REMOVAL, TERMINATION OF OCCUPANCY RIGHTS MUST BE IN
ACCORDANCE WITH FEDERAL, STATE OR LOCAL LAWS.
SOME JURISDICTIONS MAY PERMIT THIS.
TO AVOID A DELAY, HUD RECOMMENDS THAT THE OWNER/AGENT SEEK COURT
ORDER EVICTION OF THE PERPETRATOR.
THIS PROCESS RESULTS IN THE UNDERLYING LEASE BECOMING NULL
AND VOID.
THE OWNER WOULD, CUTE A NEW LEASE WITH THE VICTIM.
THE HUD REQUIRES THE OWNERS TO SIMULTANEOUS REACH AN AGREEMENT
IF IT'S SAFE TO DO SO.
YOU FOLLOW YOUR OKAY BABBCY STANDARDS IN DETERMINING THE
APPROPRIATE-SIZED UNIT FOR THAT FAMILY.
EVICTION SHOULD ONLY BE USED BY AN OWNER OR AGENT WHEN THERE ARE
NO OTHER ACTIONS OR REMEDIES TO REDUCE OR ELIMINATE THREAT
INCLUDING WHEN ACTIONS OR REMEDIES ARE UNAVAILABLE.
OWNERS/AGENTS MAY EVICTOR TERMINATE ASSISTANCE IF THEY CAN
DEMONSTRATE AN ACTUAL IMMINENT THREAT.
IN ORDER TO DEMONSTRATE AN ACTUAL IMPLEMENT, THE OWNER MUST 20
HAVE INDICATORS OF SUCH THREAT IN DETERMINING WHETHER AN
INDIVIDUAL WOULD POSE A THREAT THE FACTORS ARE THE DURATION OF
THE RISK, THE NATURE AND SEVERITY OF POTENTIAL HARM, THE
LIKELIHOOD THAT THE POTENTIAL HARM WOULD OCCUR AND THE LENGTH
OF TIME THE POTENTIAL HARM WOULD OCCUR.
SO HERE ARE A COUPLE THINGS TO LOOK FOR.
IN CASES OF FAMILY BREAKUP OR
LEASE BIFURCATION.
TIME TO FIND ALTERNATIVE HOUSE CANNOT EXTEND BEYOND EXPIRATION
OF THE LEASE.
THERE SHOULD BE SOME DOCUMENTATION OF THE FAMILY
MEETING REQUIREMENTS.
SLIDE 31.
BECAUSE EVICTIONS OF TERMINATIONS SHOULD ONLY BE
PERFORMED WHEN NO OTHER ACTIONS ARE AVAILABLE, THERE SHOULD BE
DOCUMENTATION OF OTHER OPTIONS THAT WERE OFFERED, FOR EXAMPLE,
BARRING THE PERPETRATOR FROM THE PROPERTY WHERE LOCAL AND STATE
LAWS PERMIT, CHANGING THE LOCKS PURSUANT TO STATE AND LOCAL HAS
AND ENCOURAGING VICTIMS TO SEEK AN EMERGENCY TRANSFER ALLOWING
AN EARLY LEASE TERMINATION.
IF AN EVACUATION OR REMOVAL WAS PERFORMED, WAS IT PERFORMED WITH
THE LAWS.
IF THERE IS A CHANGE IN RENT, WAS PROPER NOTIFICATION PROVIDED
FOR THE INCREASED OR DECREASED RENT AND A LEASE BIFURCATION
WILL CHANGE THE FAMILY COMPOSITION.
SO THE REMAINING FAMILY MEMBERS MAY NOT MEET THE STANDARDS FOR
THE CURRENT HOUSEHOLD AND MAKING SURE THAT Y'ALL ARE LOOKING AT
IF THEY -- IF THEY ARE OVERHOUSED OR UNDERHOUSED.
PROBABLY IN THIS ASSISTANCE, 21 OVERHOUSED.
THAT THEY ARE ON THE WAIT LIST, ANYWAY.
IS THE DOCUMENTATION AVAILABLE AND LOOKING AT THE POLICIES.
NEXT SLIDE.
OKAY.
SO WHEN PERFORMING AN MOR THAT'S MANAGEMENT OCCUPANCY REVIEW, THE
REVIEWER SHOULD CONSIDER ISSUING FINDINGS FOR ESTABLISHING
ELIGIBILITY AND PERFORMING TIMELY MOVE-OUTS.
THERE SHOULD BE A FINDING FOR INFRACTIONS REGARDING
EVICTIONS.
YOU ARE LOOKING AT WAS THE PROPER NOTICE PROVIDED.
NOW IT'S TIME FOR A FEW QUESTIONS.
>> IF A RESIDENT CALLS INDICATING THAT THEY DON'T FEEL
COMFORTABLE TALKING TO THE PROPERTY MANAGEMENT STAFF, WHAT
SHOULD WE DO.
>> IN THAT CASE, YOU WOULD ASK THE RESIDENT IF IT'S OKAY TO
MENTION THE RESIDENT'S NAME TO THE MANAGEMENT COMPANY.
YOU CAN GIVE DOCUMENTATION TO
THE RESIDENT AND PHONE NUMBERS, ET CETERA, ADDRESSES.
HOWEVER, SINCE HUD AND THE STAFF ARE NOT FAMILIAR WITH LOCAL
COMMUNITIES, WE UNDERSTAND THAT THERE'S ONLY SO MUCH INFORMATION
THAT YOU CAN PROVIDE TO THE FAMILY.
I THINK IT'S GOOD COMMUNICATION.
>> GOOD.
>> I AGREE.
NEXT QUESTION.
DURING A BIFURCATION, THE REMAINING TENANT ASKED
MANAGEMENT TO CHANGE THE UNIT'S LOCKS SO THE ABUSER WILL NOT
HAVE ACCESS TO THE UNIT.
CAN THE OWNER CHANGE THE LOCKS PRIOR TO COMPLETING THE PRO
VESS?
22 >> GREAT QUESTION.
SO THE OWNER/AGENT SHOULD ESTABLISH THE POLICY AND
PROCEDURE.
THE MAIN THICK IS LOOKING AT YOUR STATE AND LOCAL LAWS
REGARDING UNIT ACCESS.
I THINK THOSE COULD VARY BETWEEN JURISDICTIONS.
YOU SHOULD SEEK LEGAL COUNSEL TO ENSURE LAWS ARE FOLLOWED
REGARDING THE LOCK POLICY.
I THINK THIS ONE IS TRICKY BECAUSE IF YOU HAVE A
PERPETRATOR WHO IS A MEMBER -- A PART OF THE LEASE THAT IS GOING
TO BE A LITTLE HAIRY SO REACHING OUT TO YOUR COUNSEL WITH HOW YOU
SHOULD HANDLE THIS.
IF IT'S AN INSTANCE WHERE THE PERPETRATOR IS NOT PART OF THE
LEASE, THAT WOULD BE EASIER BECAUSE THAT PERSON IS NOT ON
THE LEASE.
>> WE HAVE ANOTHER ONE.
IF THE ACCUSED PERPETRATOR IS THE ONLY QUALIFYING MEMBER AND
MOVES OUT OF THE UNIT, DOES THE REMAINING HOUSEHOLD CONTINUE TO
PAY THE CURRENT RENT.
>> WHEN THE PERPETRATOR MOVES OUT, AN INTERIM RECERTIFICATION
IS DONE FOR DETERMINING RENT.
THE VAWA RULE AND THE NOTICE ESTABLISHES A REASONABLE TIME
PERIOD FOR THOSE REMAINING TIME PERIODS.
IF THE REMAINING FAMILY MEMBER WILL NOT BE ABLE TO ESTABLISH
THE EL JEBILITY WITHIN THE REQUIRED TIME FRAME, IN THOSE
CASES, THEY MUST PAY THE MARKET RENT, CONTRACT RENT OR OPERATING
RENT FOR THE ESTABLISHED TIME PERIOD, WHICH IS THAT 90
CALENDAR DAYS OR WHEN THE LEASE EXPIRES.
>> AND JUST REMEMBER TO SEND YOUR QUESTIONS TO
KARISSA.L.JANICE.HUD.
23 NEXT WE'RE GOING TO GO OVER THE
EMERGENCY TRANSFER PLAN.
WE'RE GOING TO TELL YOU THE DIFFERENCE BETWEEN EXTERNAL AND
INTERNAL TRANSFERS.
THERE'S BEEN SOME CONFUSION ABOUT WHAT IS CONSIDERED AN
INTERNAL TRANSFER.
THAT'S A RELOCATION OF THE TENANT FROM YOUR PROPERTY FROM
ONE UNIT TO ANOTHER.
YOU ARE ESSENTIALLY DOING A UNIT TRANSFER THAT'S CONSIDERED
INTERNAL.
YOUR EXTERNAL IS THE RELOCATION OF THE TENANT FROM ONE PROPERTY
TO ANOTHER PROPERTY.
SO THAT ONE YOU WOULD DO A MOVE-OUT AT YOUR PROPERTY AND
THEN THE PROPERTY WOULD DO A MOVE IN.
WE'RE ON SLIDE 35.
OKAY.
LET'S SEE.
SO EMERGENCY TRANSFER PLANS, THE VAWA 2013 REQUIRES OWNER/AGENTS
IN ASSISTING VICTIMS IN MAKING INTERNAL TRANSFERS AND EXTERNAL
UNITS WHEN POSSIBLE.
WHEN YOU ARE HAVING THESE CONVERSATIONS YOU NEED TO
DETERMINE WHAT'S AVAILABLE.
SO THIS MUST BE CREATED ON THE 5381 FORM.
THIS HELPS VICTIMS MAKE TRANSFERS WHEN POSSIBLE.
OWNER/AGENTS MUST ADOPT THIS PLAN NO LATER THAN 2017.
WE MENTIONED THIS LAST WEEK.
LATER IN THE PRESENTATION, WE'LL GO OVER COMPLIANCE AND
ENFORCEMENT FROM HUD'S PERSPECTIVE.
SO THE 5381 DOES NOT CONTAINED CRITERIA.
THE MODEL ONLY CONTAINS GENERAL PROVISIONS OF AN EMERGENCY
TRANSFER PLAN THAT APPLY ACROSS COVER HOUSING PROGRAMS.
THE ADOPTION OF THIS MODEL PLAN 24 WITHOUT FURTHER INFORMATION WILL
NOT BE SUFFICIENT TO MEET COVERED HOUSING PROVIDER'S
RESPONSIBILITY, TO ADOPT THE EMERGENCY TRANSFER PLAN.
THANK YOU.
THE EMERGENCY TRANSFER PLAN MUST PROVIDE A TENANT RESIDING IN
SUBSIDIZED UNIT UNDER PBRA, AND THE VICTIM QUALIFIES IF THE
TENANT REQUESTS REQUEST OF THE TRANSFER AND THE TENANT
REASONABLY BELIEVES THERE'S AN IMMINENT THREAT
OR THE TENANT BELIEVES THERE'S A THREAT FROM
FURTHER VIOLENCE IF THE TENANT REMAINS IN THE SAME UNIT THAT
THE TENANT IS CURRENTLY OCCUPYING.
SO REQUEST IS NOT GUARANTEED.
THE TENANT MUST MEET OUTSTANDING ELIGIBILITY REQUIREMENTS AT THAT
NEW OWNER IT'S TRANSFERRING TO.
OWNERS/AGENTS DOES NOT NEED HUD APPROVAL TO ADOPT A VAWA
PREFERENCE.
THIS IS AN ACCEPTABLE PREFERENCE.
OWNERS MUST MODIFY THEIR SELECTION PLAN TO INCLUDE THE
PREFERENCE.
OWNERS AGENTS MAY ALSO ESTABLISH A WAIT LIST PRIORITY FOR
INTERNAL TRANSFERS.
OWNER/AGENTS WILL NEED TO AMEND THE TENANT SELECTION PLAN FOR
PRIORITIES OF THE INTERNAL TRANSFER WAITING LIST.
THANK YOU.
JUST A FEW THINGS TO PAY ATTENTION TO WHEN YOU ARE DOING
OUR MORs, IS THE EMERGENCY TRANSFER PLAN COMPLIANT WITH THE
VAWA FINAL RULE AND HUD NOTICE 17-05 REQUIREMENTS AND
DOES THE TENANT SELECTION PLAN REFLECT
THOSE CHANGES.
AND BOTH LISTS SHOULD REFLECT PRESENCES OR PRIORITIES THAT MAY
HAVE BEEN APPLIED.
25 SOME HOUSE RULES MAY BE
DISCUSSED.
MAKE SURE YOUR HOUSE RULES ARE UPDATED ACCORDINGLY IF THIS IS
THE CASE.
ON THE MORs, SOME CORRECTIVE ACTIONS FOR MORs MAY INCLUDE
FOR MORs CONDUCTED AFTER NOTICE 17-05 WHICH WAS PUBLISHED
ON JUNE 30th.
FOR THOSE CONDUCTED JUNE 30th THROUGH DECEMBER 2017, A
RECOMMENDATION SHOULD BE DONE RATHER THAN A FINDING.
FOR MORs CONDUCTED AFTER DECEMBER 14th, 2017, A FINDING
SHOULD BE ISSUED FOR NONCOMPLIANCE RELATED TO THE
EMERGENCY TRANSFER PLAN.
REVIEWERS SHOULD USE DISCRETION IN ISSUING CORRECTIVE ACTION
REGARDING COMPLIANCE OF THE CONTENTS OF THE EMERGENCY
TRANSFER PLAN.
THE REVIEWER MAY ALSO USE DISCRETION IN ISSUING CORRECTIVE
ACTIONS REGARDING THE APPLICABILITY OF THE EMERGENCY
TRANSFER PLAN AND CONSIDER ISSUING A FINDING REGARDING
APPLICATION OF THE WAIT LIST OF HOW THEY ADOPTED THEIR
PREFERENCE AND PRIORITIES IF IT'S NOT IN LINE WITH THE
WRITTEN POLICY.
>> A FEW MORE QUESTIONS HERE.
>> OKAY.
>> THE FIRST ONE IS.
I'M AN ACCOUNT EXECUTIVE.
HOW INVOLVED AM I EXPECTED TO BE IN HELPING TO COORDINATE
EMERGENCY TRANSFERS?
>> GOOD QUESTION.
I THINK THIS QUESTION CAN BE TAKEN FROM THE PCBA PERSPECTIVE.
AS THE HUD STAFF FOR PCBA, OWNERS MAY CONTACT YOU FOR
INFORMATION ON YOUR ASSISTED PROGRAMS AND PROVIDING KNOWLEDGE
WITH WHATEVER VACANCIES MAY BE 26 HELPFUL.
YOU MAY REFER THEM TO THE MANAGEMENT AGENT IN THE AREA TO
SEE WHAT THEY HAVE AVAILABLE OR DEVELOP A GREATER SUPPORT SYSTEM
FOR YOUR OWNERS/AGENTS.
THERE IS A GREAT CHICAGO MODEL IN PLACE RIGHT NOW TO FOLKS IN
THE REGION.
OWNERS HAVE NOTIFIED HUD STAFF OF ANY VAWA PREFERENCE THAT THEY
HAVE AND THERE IS A LIST GOING OUT.
IF THERE'S OUTREACH TO THE HUD FIELD OFFICE IN CHICAGO, AT
LEAST THEY E-MAIL TO ALL OF THE OWNERS WHO HAVE THIS VAWA
PRESENCE ASKING THEM DO YOU HAVE VACANCIES AND ARE YOU ABLE TO
TAKE SOMEBODY IMMEDIATELY FOR THE MOVE-IN.
I THINK WE WOULD LOVE FOR OTHER FIELD OFFICES TO ADOPT THAT AS
WELL.
>> YES, I AGREE.
>> ANOTHER QUESTION.
SHOULD A FIND BE ISSUING IF THE
PROPERTY USED HUD'S PLAN WITHOUT ADDING THE ELEMENTS -- I THINK
YOU TOUCHED ON THIS.
YES.
>> AS AN AGENT, YOU MUST CONSULT WITH HUD GUIDANCE WHEN
DEVELOPING YOUR OWN PLAN TO ENSURE THAT THE PLAN INCLUDES
ALL OF THE REQUIRED ELEMENTS.
IF YOU FIND THE PROPERTY DOES NOT CONTAIN ALL OF THE ELEMENTS,
IT SHOULD BE CITED AS AN INFRACTION IN THE MOR.
WE DID GIVE WIGGLE ROOM FOR OWNER/AGENTS TO CRAFT THIS.
>> ANOTHER QUESTION.
WE'VE RECEIVED THE COMPLAINT FROM A TENANT THAT REQUESTED AN
EMERGENCY TRANSFER.
THE PROPERTY INFORMED THE TENANT THAT THE OWNER WILL NOT ASSIST
WITH MOVING COSTS.
IN CASES OF EMERGENCY TRANSFERS 27 DUE TO VAWA CRIME, IS THE OWNER
REQUIRED TO PAY THE TENANT'S MOVING COSTS?
>> THAT'S A GREAT QUESTION.
I'VE GOTTEN THIS QUESTION A COUPLE OF TIMES.
>> WOULD YOU LIKE TO ANSWER?
[LAUGHTER] >> NO.
I WILL LET YOU HAVE IT.
>> THAT'S A VERY POPULAR QUESTION.
THE VAWA FINAL RULE DOES NOT REQUIRE THAT THE OWNER/AGENT PAY
THE MOVING COSTS FOR HOUSEHOLD.
IF THEIR MOVE-OUT IS TO A NON-HUD ASSISTED PROPERTY, THERE
MAY BE APPLICATIONS FEES, THIS INCLUDE A DEPOSIT OR ANY
EXPENSES FOR THE PHYSICAL MOVE OF THE BELONGINGS.
FOR THE HUD PROGRAMS HAVE EXISTING GUIDELINES, THEY SHOULD
FOLLOW THAT.
>> THANK YOU.
>> ALL RIGHT.
SO WE WILL GO AND CONTINUE WITH A FEW MORE SLIDES IN THE
PRESENTATION.
NEXT I'M GOING TO TOUCH ON TOPICS BEFORE WE WRAP THINGS UP
AND LET'S TALK ABOUT CONFIDENTIALITY AND
RECORD-KEEPING.
GIVEN POSSIBLE SIGNIFICANT SAFETY ISSUES FACED WITH VICTIMS
OF A VAWA CRIME, IT'S CRITICAL THAT OWNER/AGENTS ESTABLISH OR
UPDATE POLICIES TO MAINTAIN THE CONFIDENTIALITY AND PRIVACY OF
VICTIMS WHO SEEK PROTECTIONS UNDER THE VAWA FINAL RULE.
THE FINAL RULE CLARIFIED THAT ANY INFORMATION SUBMITTED TO THE
OWNER/AGENT OR INCLUDING THE FACT THAT THE APPLICANT HAS BEEN
A VICTIM MUST BE MAINTAINED IN CONFIDENCE BIN THE OWNER/AGENT.
VAWA INFORMATION SHOULD NOT BE PROVIDED TO CONTRACTORS UNLESS 28
REQUIRED BY LAW.
IT SHOULD NOT BE ENTERED INTO A DATABASE OR PROVIDED TO OTHERS
WITHOUT CONSENT FROM THE VICTIM OR UNLESS REQUIRED FOR AN
EVICTION BY LAW.
WHEN AN INDIVIDUAL REQUESTS VAWA PROTECTIONS, THE OWNER/AGENT
THUD DOCUMENT THE PREFERRED MODE OF COMMUNICATION.
THE VICTIM MAY DESIGNATE AN ATTORNEY, ADVOCATE OR OTHER
SECURED CONTACT FOR COMMUNICATIONS.
ALL VAWA COMMUNICATION MUST BE MAINTAINED SEPARATE FROM THE
TENANT FILE.
SECTION 11 LISTS BEST PRACTICES TO COLLECT INFORMATION AND AVOID
DISCLOSURE OF CONFIDENTIAL INFORMATION.
IF YOU ARE GOING TO CONDUCT THIS IN A PRIVATE ROOM WHERE THE
INDIVIDUAL AND STAFF CAN TALK WITHOUT THE OTHER STAFF OR
CLIENTS OVERHEARING, COMMUNICATE TO THE INDIVIDUAL WITH THE
PROPERTY MANAGEMENT STAFF INFORMATION WHO HANDLES
QUESTIONS ABOUT THE KEF DECKSALITY AND ENSURE RELEVANT
STAFF UNDER THE CONFIDENTIALITY POLICES.
YOU CAN POST NOTICES ABOUT THIS THROUGHOUT THE OFFICE AND
CLARIFY WITH REFERRAL AGENCIES AND OTHER BUSINESS PARTNERS.
SOME THINGS TO LOOK FOR WHEN YOU ARE DOING YOUR MANAGEMENT
OCCUPANCY REVIEW FOR CONFIDENTIALITY.
CONFIRM WHO HAS ACCESS TO THE VAWA CLAIMS, HOW OR WHERE THE
CORRESPONDENCE IS MAINTAINED AND DOCUMENTATION OF VICTIM'S
PREFERRED MODE OF COMMUNICATION.
ALL RIGHT.
SO NEXT LET'S DISCUSS RECORD KEEPING AND REPORTING.
NOW, THE VAWA FINAL RULE 29 REQUIRES OWNERS TO KEEP
CONFIDENTIAL RECORDS OF ALL EMERGENCY TRANSFERS REQUESTED
UNDER ITS EMERGENCY TRANSFER PLAN.
AND TO RETAIN THESE RECORDS FOR A PERIOD OF THREE YEARS OR FOR A
PERIOD AS SPECIFIED IN PROGRAM REGULATIONS.
THE VAWA FINAL RULE FURTHER REQUIRES THAT THESE REQUESTS BE
REPORTED TO HUD ANNUALLY.
SOME THINGS TO LOOK FOR WHEN YOU ARE DOING YOUR -- LOOKING AT
RECORDKEEPING AROUND REPORTING IS ASK THE NUMBER OF VAWA CLAIMS
AND TRANSFER REQUEST FOR THE PAST YEAR AND CONFIRM THE TIME
PERIOD OF RECORDS FOR VAWA CLAIMS THAT ARE NOT BEING
MAINTAINED.
DURING AN MOR, THE VIEWER SHOULD USE DISCRETION WHEN ISSUING
CORRECTION OF ACTION REGARDING RECORD KEEPING AND REPORTING.
THEY MAY NEED TO CONSIDER THE SEVERITY OF THE INFRACTION, IF
THE INFRACTION IS SYSTEMIC AND NEW TO THE VAWA REQUIREMENTS.
I THINK THAT BEING NEW TO THE VAWA REQUIREMENTS IS BREAKING UP
YOUR SECTION 8 OWNERS AND YOUR 202 PRACTICES.
>> YES.
>> DURING AN MOR, WE HAVE -- WE HAVE BROKEN OUT THE 9834.
SO JUST HEADS UP, THE CURRENT ONE OUT DOES NOT INCLUDE THE
UPDATES TO THE VAWA FINAL RULE AND ON THIS SLIDE, WE HAVE
BROKEN UP SOME SUGGESTED ACTIONS OR COMMENTS WHERE YOU CAN FIND
IDENTIFY FINDINGS OR RECOMMENDATIONS FOR ENFORCEMENT.
TAKE A LOOK AT THESE QUESTIONS.
I DON'T HAVE TO READ THEM OUT.
WE'LL SHARE THE PRESENTATION WITH YOU.
BUT TAKE A LOOK AT THE QUESTIONS AND KIND OF SEE IN THE 9834 30
WHERE IS THE BEST PLACE TO IDENTIFY THE FINDING.
AT THE END OF THE DAY, THIS IS PUBLIC SO THE OWNERS NEED TO
ADHERE TO VAWA REQUIREMENTS.
I THINK -- IS THIS THE LAST
SLIDE?
WE'RE ABOUT TO WRAP IT UP.
SO KRISTIN FIELDED THE QUESTIONS THAT WE'RE GOING TO ANNOUNCE
NEXT SO WE CAN GET THE NEXT SLIDE TO DISPLAY THE QUESTIONS
FOR US.
WE CAN READ THEM.
THE RULE TALKS ABOUT BIFURCATING THE LEASE IN THE EVENT OF AN
EMERGENCY TRANSFER.
WHAT GUIDANCE IS THERE ABOUT THE SECURITY DEPOSIT, WHAT PART OF
IT BE REFUNDED TO THE PERSON LIVING IN THE UNIT?
THAT'S A GREAT QUESTION.
WE'VE TALKED A LOT ABOUT THIS?
YEAH.
>> I CAN TAKE A STAB AT THIS ONE.
THIS IS ONE IS VERY TRICKY.
AT THE END OF THE DAY IF YOU HAVE A BIFURCATED LEASE, THERE'S
A SECURITY DEPOSIT TIED TO THE UNIT, MY INITIAL RESPONSE WOULD
THAN THE DEPOSIT REMAIN WITH THE UNIT SO THE REMAINING FAMILY
MEMBERS WOULD NOT NEED TO PAY A NEW SECURITY DEPOSIT AND -- BUT
I WOULD DEFINITELY SUGGEST SPEAKING WITH YOUR COUNSEL.
THIS COULD BE A COURT ISSUE ALSO.
SO YOU WOULD WANT TO SEEK GUIDANCE FROM YOUR COUNSEL AS
WELL.
>> YES, EXACTLY.
>> IS THE OWNER REQUIRED TO CREATE THEIR OWN PLAN OR CAN
THEY USE THE PLAN AND FILL IN THE BLANKS?
>> I THINK YOU ADDRESSED THIS, DANIELLE.
OUR FORM, THE 5381, IT'S A 31 GUIDE.
HOWEVER, IT'S NOT ALL-ENCOMPASSING.
IT MAY NOT REQUIRE ALL OF THE -- OR MAY NOT INCLUDE ALL.
REQUIREMENTS THAT ARE LISTED BOTH IN OUR NOTICE AND IN THE
FINAL RULE.
SO IT'S IMPORTANT THAT OWNERS AND AGENTS WHEN WRITING THEIR
EMERGENCY TRANSFER PLAN, THEY CAN USE THE FORM AS A GUIDE, BUT
THEY DO NEED TO MAKE SURE THAT THEY READ CAREFULLY OUR NOTICE
AND THE PARTS OF THE REGULATION THAT ARE RELEVANT TO MAKE SURE
THEY'VE INCLUDED ALL OF THE NECESSARY COMPONENTS.
>> GREAT.
>> YEAH.
>> AND THIS IS ONE THING JUST TO ADD IN THAT BECAUSE I DON'T WANT
TO CREATE CONFUSION WITH THE FOUR FORMS THAT WERE UPDATED IN
THE FEDERAL REGISTER TODAY.
THERE ARE SOME TWEAKS IN THE EXISTING FORMS.
YOU HAVE THE FOUR FORMS.
THOSE ARE THE ONES THAT YOU ARE SUPPOSED TO BE USING.
WE HAVE A FEW TWEAKS MADE TO THOSE FOUR FORMS THAT ARE IN THE
FEDERAL REGISTER, THEY CANNOT BE USED RIGHT NOW.
THERE MAY BE A FEW TIPS AND GUIDANCE OF THE REQUIRED
CONTENT.
BUT JUST CRAFTED ON YOUR OWN, USE THE FINAL RULE AND THE
HOUSING NOTICE AS YOUR RESOURCE.
NEXT QUESTION.
DO OWNERS PROVIDE THE 5380 NOTICE OF OCCUPANCY WRITES TO A
HOUSEHOLD OR ALL HOUSEHOLD MEMBERS?
GREAT QUESTION.
>> THE -- THEY ARE -- THE OWNERS ARE NOT REQUIRED TO DISTRIBUTE
THEM TO EACH MEMBER BUT IF A MEMBER REQUESTS IT, THEN, OF 32
COURSE, THEY WOULD ISSUE IT TO THEM.
BUT THEY ARE NOT REQUIRED TO ISSUE IT TO EACH INDIVIDUAL
HOUSEHOLD MEMBER.
>> THE REQUIREMENT IS THE ONE SET OF NOTICES BE GIVEN TO EACH
HOUSEHOLD.
>> EACH HOUSEHOLD.
>> RIGHT.
AND YOU KNOW, USUALLY THAT WOULD BE GIVEN PROBABLY TO THE HUD OF
HOUSEHOLD IF IT'S BEING DONE DURING THE RECERTIFICATION.
AND LET ME MENTION ONE OTHER THING.
WE GOT A LOT OF QUESTIONS AND WE WEREN'T ABLE TO POST ALL OF
THEM.
BUT THE ANNUAL RECERTIFICATION REQUIREMENT, THAT'S JUST FOR
2017.
SO AFTER 2017, YOU NO LONGER NEED TO GIVE THE FORMS TO THE
RESIDENTS DURING THEIR ANNUAL RECERTIFICATION.
JUST WANT TO MAKE THAT CLEAR.
>> THAT'S A GREAT POINT.
THERE IS A LOT OF FORMS GIVEN.
GREAT JOB CLARIFYING THAT DIFFERENCE THERE.
JUST A ONE-TIME ACTION FOR ALL CURRENT RESIDENTS.
IN THE PRESENTATION WE SUGGESTED DOING A RECOMMENDATION RATHER
THAN A FINDING IF YOU FIND OUT THAT THOSE TWO NOTICES WERE NOT
GIVEN TO THE HOUSEHOLD DURING THE ANNUAL LEADING UP TO
DECEMBER 2017.
I THINK FOR ANY OTHER INSTANCE, IT WOULD BE A FINDING FOR YOUR
REJECTED APPLICANTS.
SOMEBODY THAT'S EVICTED.
USUALLY THERE'S ATTACHMENTS SO THAT CAN BE YOUR DOCUMENTED
EVIDENCE SAYING THAT WITHIN THE EVICTION LETTER, YOU CAN STATE
THAT.
IF YOU WANT TO -- AS LONG AS THE 33 REVIEWER SEES THE ATTACHMENTS
WERE ATTACHED.
>> NEXT QUESTION.
IS THERE A MODEL LETTER THE OWNER CAN USE TO REQUEST
ADDITIONAL EVIDENCE FROM THE VICTIM REGARDING THE DOMESTIC
VIOLENCE?
FOR EXTRA -- >> UNFORTUNATELY, WE DON'T HAVE
A MODEL LETTER.
SHOULD YOU NEED GUIDANCE, PLEASE CONTACT THE FIELD STAFF FOR YOUR
PCBA.
WE CAN HELP YOU WITH.
>> WHAT DOES IT MEAN TO USE DISCRETION WHEN ISSUING A
FINDING TO AN OWNER OR AN AGENT?
>> YEAH, AND THIS IS A GREAT QUESTION.
JUST MAKING SURE THAT THE OWNER IS COMPLIANT WITH THE FINAL RULE
AND THE HOUSING NOTICE.
A LOT OF IT IS NOT AS BLACK AND WHITE AS WE WOULD LIKE TO SEE.
THE EASIER ONE WOULD BE THE EMERGENCY TRANSFER PLAN.
THERE'S REQUIREMENTS THAT NEED TO BE IN THE PLAN BUT THEN THE
OWNER/AGENT MAY ADD OTHER REQUIREMENTS.
JUST LIKE ANYTHING ELSE WHEN YOU ARE LOOKING AT HOUSE RULES OR
SELECTION PLANS, SEEING WHAT'S REASONABLE AND USING DISCRETION
AT THE LEVEL.
>> WHAT ABOUT THE DIFFERENCE BETWEEN PROVIDING AN OBSERVATION
OR A FINDING ON THE MOR FORM?
WE ALSO MENTIONED THAT THE -- STAFF -- IN CERTAIN
CIRCUMSTANCES, THEY SHOULD USE DISCRETION.
I DON'T KNOW IF YOU CAN FIND ANY --
>> SURE.
NO PROBLEM.
AN OBSERVATION IS IN THE REPORT, IT'S AN ACKNOWLEDGEMENT THAT
THIS DOES NOT REQUIRE CORRECTIVE 34 ACTION.
THE FINDING, THE OWNER HAS 30 DAYS TO CORRECT THE FINDING AND
SOME TYPE OF TOCKMENT OR CERTIFICATION ACKNOWLEDGING THAT
THE FINDING IS CLOSED.
>> I'M GETTING THE IMPRESSION, THOUGH, THAT IN THE -- THAT EACH
SITUATION NEEDS TO BE HANDLED IN AN OF ITSELF.
WHETHER YOU PROVIDE THE OBSERVATION OR THE FINDINGS THAT
WILL DEPEND ON THE SITUATION.
>> EXACTLY.
>> OKAY.
>> REGARDING THE SELECTION PLAN,
HOW MUCH DETAIL DO WE NEED TO COVER IN THE TENANT SELECTION
PLAN?
DO WE NEED TO JUST -- DO WE JUST JUST BRIEFLY MENTION A SUMMARY
OF VAWA OR DO WE NEED TO MENTION DETAILS, SUMMARY AND EMERGENCY
TRANSFER PLAN AS WELL?
>> I THINK THAT'S A GREAT QUESTION.
I CAN TAKE THIS ONE.
AS A READER, IF I'M APPLYING FOR HUD ASSISTING HOUSING, I WANT TO
SEE HOW THIS IS GOING TO AFFECT MY PLACEMENT ON THE LIST.
ANYTHING THAT WILL AFFECT ADMISSION, TRANSFER POLICIES,
LETTING ME KNOW I HAVE ALL PROTECTIONS, ALL OF THAT IS
IMPORTANT FOR THAT AUDIENCE RECEIVING THE TENANT SELECTION
PLAN.
NOW, WHAT WE'VE ALSO SEEN IS THAT SOME OWNERS INCLUDE THIS IN
THE HOUSE RULES WHICH IS PERFECT ACCEPTABLE.
THE HOUSE RULES ARE PART OF THE LEASE.
IF YOU WANT MORE BEEF, MEAT IN YOUR LEASE, YOU CAN INCLUDE THAT
IN THE HOUSE RULES AND LET THE TENANTS KNOW WHAT THEIR
REQUIREMENTS ARE, THE VAWA PROTECTIONS ARE AT THE PROPERTY.
35 >> WHAT ABOUT THE EMERGENCY
TRANSFER PLAN?
THAT SEEMS TO BE CAUSING SOME CONFUSION.
SHOULD THE EMERGENCY TRANSFER PLAN BE SEPARATE FROM THE TENANT
SELECTION PLAN.
>> IT IS.
IT'S A SEPARATE WRITTEN POLICY.
VAWA HAS REQUIREMENTS, YOU KNOW, ELEMENTS THAT YOU HAVE TO
INCLUDE IN IT.
NOW, THIS POLICY IS MORE YOUR INTERNAL POLICY.
SO YOU CAN POST THIS IN THE PUBLIC AND HAVE IT IN COMMUNITY
ROOMS.
IT'S NOT REQUIRED THAT YOU PROVIDE IT TO THE RESIDENTS.
BUT IF SOMEBODY ASKS, GIVE IT TO THEM.
>> IT SOUNDS LIKES MOST RELEVANT EMERGENCY TRANSFER ISSUE, SHALL
WE SAY, TO PUT IN THE TENANT SELECTION PLAN WOULD BE WHETHER
THERE'S GOING TO BE A PREFERENCE FOR A VICTIM?
>> YEAH.
I THINK THE ONLY THING I WOULD ADD IS ALSO WAIT-LIST
MANAGEMENT.
>> RIGHT.
BUT OTHER THINGS ABOUT, YOU KNOW, HOW SOMEBODY CAN MAKE A
REQUEST OR HOW SOON THE OWNER WILL RESPOND OR HELPING SOMEBODY
WITH AN EXTERNAL TRANSFER.
ALL OF THAT SHOULD BE IN THE EMERGENCY PLAN.
>> RIGHT.
>> OKAY.
THIS QUESTION, DANIELLE, YOU TOUCHED ON THIS QUESTION A
LITTLE BIT.
ARE WE REQUIRED TO CHANGE THE LOCKS OF THE UNIT AFTER THE
REMOVAL OF THE ABUSER?
>> YEAH.
IT'S THE -- OBVIOUSLY BEST PRACTICE BUT YOU WOULD WANT TO 36
CHECK YOUR STATE AND LOCAL LAW.
BIG PICTURE, IF THE PERPETRATOR IS A MEMBER OF THE LEASE, THAT'S
GOING TO GET STICKY BECAUSE THEY ARE A MEMBER OF THE LEASE BUT IF
THE PERPETRATE -- IF THE PER TRAITOR IS OUTSIDE OF THE HOUSE,
THAT'S A LOT CLEANER.
I THINK THAT'S MORE BLACK AND WHITE.
BUT BEST ANSWER IS,, YOU KNOW, CHECK WITH THE STATE AND LOCAL
LAWS.
>> IF QUESTION DID SAY AFTER THE ABUSER HAS LEFT THE UNIT.
LIKE YOU SAID, I THINK THAT WOULD BE BEST PRACTICE.
>> RIGHT.
>> YEAH.
>> AND THE OWNERS HAVE THEIR OWN LOCK REPLACEMENT POLICY.
>> EXACTLY.
>> OKAY.
NEXT QUESTION, IF THIS IS A NEW LEASE WILL THE RESIDENT BE
REQUIRED FOR THE FIRST FULL YEAR OF RESIDENCY AS APPLICABLE?
SHOULD THE INITIAL TERM BE SET TO 30 DAYS IF THE RESIDENT RE--
THE 202 PRACS, I BELIEVE, THEY RENEW IN 30-DAY INCREMENTS.
I THINK THIS ONE IS SPECIFIC TO THAT.
>> WANT TO TAKE A STAB AT THIS ONE?
YOU NEED ME TO READ IT AGAIN?
>> I ACTUALLY THOUGHT IT WAS A MORE GENERAL QUESTION WHICH I
THINK WE WE MAY HAVE DISCUSSED THAT.
IF A NEW LEASE IS PROVIDED, THE NEW LEASE WILL BE FOR A 12-MONTH
PERIOD.
I THINK THAT'S THE MAIN QUESTION.
>> OH, OKAY.
>> NOW -- REGARDLESS OF HOW LONG THE REMAINING HOUSEHOLD MEMBER
HAS LIVED THERE, WHEN THE LEASE IS BIFURCATED AGAIN, I'M NOT 37
SURE -- HAVE WE DETERMINED THE -- SOME OF THESE POLICY
ISSUES WE'RE STILL WORKING ON AND I DON'T KNOW IF YOU GUYS
MENTIONED THIS BUT WE'LL BE ISSUING SOME FREQUENTLY-ASKED
QUESTIONS ON OUR WEBSITE IN THE COMING WEEKS AND WE'LL PROBABLY
HAVE A FEW SERIES OF THOSE SO, YOU KNOW, CHECK IN.
SOME OF THESE POLICIES THAT WE'RE STILL -- WE'RE STILL
THINKING ABOUT WILL BE EXPLAINED FURTHER IN THOSE QUESTIONS AND
ANSWERS.
BUT AS FAR AS THE -- AS FAR AS AS PRAC, A 202 OR 811 GOES, HAVE
WE DETERMINED WHETHER THE LEASE -- I GUESS THE LEASE IS
JUST SUPPOSED TO BE RENEWED ON A MONTHLY BASIS.
BUT IF THE LEASE IS BEING BIFURCATED -- IN THE CASE OF
BIFURCATION, THE NEW LEASE WILL BE 12 MONTHS REGARDLESS.
>> RIGHT.
>> GOOD POINT.
>> AND WE MENTIONED THAT ON THE FIRST WEBCAST AS WELL.
>> I THINK THE ISSUE THAT WE'RE STILL DETERMINING IS THE TIME
PERIOD THAT A REMAINING FAMILY MEMBER CAN STAY TO ESTABLISH
ELIGIBILITY IN A PRAC AND WE'RE STILL TRYING TO DETERMINE IF
THAT CAN BE NO LONGER THAN 30 DAYS BECAUSE THEN THE LEASE GOES
ON A MONTH-TO-MONTH BASIS.
THAT WILL BE IN THE FORTHCOMING QUESTIONS AND ANSWERS.
>> OKAY.
NEXT QUESTION.
IF AN OWNER ALREADY MET THE SECTION 8 REQUIREMENTS FOLLOWING
THE VAWA CHANGE, WOULD THEY BE REQUIRED TO MAKE ANY CHANGES TO
THOSE WRITTEN POLICIES OR CAN THEY REMAIN THE SAME?
>> I CAN ANSWER THAT.
>> OKAY.
38 >> YES, THE KEY HERE IS THAT THE
VAWA ACT WAS REAUTHORIZED IN 2013.
AND THERE WAS A LOT OF ADDITIONAL PROVISIONS PUT INTO
IT.
THE REGULATIONS WE'VE BEEN TALKING ABOUT IS HUD'S
IMPLEMENTATION OF THE REAUTHORIZED VIOLENCE AGAINST --
VIOLENCE AGAINST WOMEN ACT.
THAT'S A LONG WAY OF SAYING THE REASON WE'RE DOING THIS IS
THERE'S NEW PROVISIONS FOR EVERYBODY.
>> IN THE PAST -- IN THE PAST, SECTION 8 PROJECTS HAD TO COMPLY
WITH VARIOUS VAWA REQUIREMENTS, THERE ARE NEW PROVISIONS THAT
ARE IN ADDITION TO WHAT YOU HAVE DONE BEFORE.
SO THE BEST THING TO DO IS TO AGAIN READ OUR NOTICE, MAKE SURE
YOU ARE COMPLYING WITH ALL OF THE REQUIREMENTS ON OUR NOTICE
AND NO, YOU CAN'T REST ON YOUR LAURELS.
IF YOU HAVE DONE IT BEFORE, THERE'S STILL ADDITIONAL THINGS
NEED -- YOU NEED TO DO THIS TIME.
>> WE HAVE ABOUT TEN MINUTES LEFT.
I THINK WE HAVE TAKE A FEW MORE QUESTIONS.
>> AT WHAT POINT IN THE EVICTION PROCESS SHOULD THE VAWA NOTICE
BE GIVEN WITH ISSUING THE TEN-DAY NOTICE?
I GUESS THEY ARE TALKING ABOUT THE NOTICE OF OCCUPANCY RIGHT
AND CERTIFICATION FORM.
>> GREAT QUESTION.
WE'VE GOTTEN THIS ONE A LOT.
THERE IS A LOT OF CONFUSION IF YOU HAVE TO GIVE THOSE TWO
FORMS, THE 5380 AND THE 5382, RIGHT?
>> YES.
>> MULTIPLE TIMES FOR EACH 39 ACTION.
IF YOU WERE MOVING FORWARD, THAT INITIAL NOTICE WHERE YOU SAY YOU
WILL BE EVICTED FOR X, Y, Z. THAT'S WHEN YOU WANT TO GIVE THE
TWO FORMS.
IF YOU ARE SENDING OTHER NOTICES FOR THAT SAME ACTION, YOU DON'T
HAVE TO SEND THOSE TWO FORMS FOR SUBSEQUENT NOTICE FOR THE SAME
ACTION.
IS THAT CLEAR?
>> YEAH.
>> OKAY.
>> THAT'S CLEAR.
>> NEXT QUESTION.
WOULD THE MOVE-IN BE TO ASSIST A PROPERTY OR -- LET'S SEE.
WOULD THE MOVE-IN BE TO ASSIST A PROPERTY OR ASSISTANCE WITH THE
MOVE INTO ANOTHER DIFFERENT PROPERTY?
I GUESS THEY -- THEY ARE KIND OF REFERENCING IF THEY MOVE --
WOULD IT BE AN INTERNAL OR EXTERNAL?
>> SOUNDS LIKE AN EXTERNAL.
>> AND A SISTER PROPERTY WOULD BE IF YOU ARE A MANAGEMENT
AGENCY.
BUT I THINK THE MESSAGING TO GET OUT IS -- THE VAWA PRERVES IS
NOT A MANDATED PREFERENCE.
SO YOU AS AN OWNER GET TO DECIDE IF YOU ARE GOING TO HAVE THAT
PREFERENCE ON SITE AND YOU HAVE TO DO YOUR DUE DILIGENCE TO HELP
PROVIDE AS MUCH MATERIAL TO THAT FAMILY TO HELP FACILITATE THAT
TRANSFER.
SO CHECKING OUT WHAT PROPERTIES, BUILDING A PARTNERSHIP WITH YOUR
COMMUNITIES, WITH OTHER OWNERS.
IT WOULD BE IDEAL TO CHECK OUT OTHER PROPERTIES WITHIN THE
PORTFOLIO AND IF THERE IS A VAWA IMPLEMENTED, I THINK THAT WOULD
HELP.
BUT IT'S REALLY COMMUNICATING, TALKING WITH OTHER OWNERS, MAYBE 40
THE PUBLIC HOUSING AUTHORITY IN THE AREA, SEEING WHAT THEY HAVE
AVAILABLE FOR THAT RELOCATION.
>> YEAH.
AND ALSO JUST KEEP IN MIND THAT IF THE OWNER DOES NOT HAVE THE
ADOPTED PREFERENCES THE APPLICANT WILL HAVE TO GO TO THE
BOTTOM OF THE WAIT LIST.
>> RIGHT.
>> CAN YOU TELL US WHERE ON THE MANAGEMENT OCCUPANCY REVIEW THE
FORM 9834 SHOULD WE INCLUDE THE VAWA OBSERVATION AND FINDINGS?
>> SURE.
SO WE WILL -- >> YOU DID MENTION THIS TOWARD
THE END.
>> OH, I SEE.
THIS QUESTION CAME IN -- YEAH.
WE'LL SEND YOU THE POWER POINT PRESENTATION AND IN THERE WE
OUTLINED A FEW QUESTIONS IN THE 9834 THAT YOU CAN LUMP IT IN OR
ADD IN UNTIL THAT GETS UPDATED.
>> BECAUSE I THINK CURRENTLY NOW THE 9834 ONLY HAS ONE QUESTION
SPECIFICALLY.
>> YES.
>> NEXT QUESTION.
>> WHEN DOING AN MOR CAN HUD OR PCBA STAFF HAVE ACCESS TO THE
VAWA FILES?
>> YEAH.
ABSOLUTELY.
I THINK THAT'S THE BEST WAY FOR YOU TO ACKNOWLEDGE THE
ENFORCEMENT AND THAT THEY ARE IMPLEMENTING THE VAWA FINAL RULE
IN ACCORDANCE WITH REGULATIONS.
HAVE THAT CONVERSATION WITH THEM.
HOW MANY EMERGENCY TRANSFERS HAVE THEY GOTTEN IN THE LAST
YEAR, LOOK AT THE EMERGENCY TRANSFER PLAN, LOOK AT THE
DOCUMENTATION FOR HOW THAT TRANSFER WAS HANDLED.
>> I THINK EVEN THOUGH IT WASN'T STATED SPECIFICALLY THAT THE 41
CONCERN IS ABOUT CONFIDENTIALITY.
AND SINCE -- ANY INFORMATION INFORMATION RELATED TO RESIDENT
STATUS HAS TO BE KEPT CONFIDENT.
ARE HUD AND PCBA STAFF CONSIDERED PARTIES TO WHOM THAT
INFORMATION IS AVAILABLE?
>> YES.
>> YES.
DO WE HAVE TIME FOR ONE MORE.
>> WE HAVE FOUR MORE MINUTES.
>> OKAY.
FINAL QUESTION.
IF A RESIDENT IS A VICTIM AND CALLS US WITH QUESTIONS ABOUT
VAWA, WHAT ARE -- WHAT ARE OUR CONFIDENTIALITY REQUIREMENTS?
>> SIMILAR TO -- >> YEAH.
>> SIMILAR TO -- >> I THINK THE QUESTION IS IN
TERMS OF, YOU KNOW, IF WE WANT TO CONTACT THE MANAGEMENT
COMPANY -- SORRY.
IF HUD OR THE PCBA WANTS TO CONTACT THE MANAGEMENT COMPANY
ON THEIR BEHALF OR PROVIDE THEM WITH ADDITIONAL CONTACT
INFORMATION FOR, YOU KNOW, HOUSING OR SERVICE PROVIDERS IN
THE AREA, AGAIN, TO WHAT EXTENT DO WE NEED TO MAKE SURE THAT THE
HUD AND THE PCBA STAFF KEEP THE INFORMATION REGARDING THAT
RESIDENT AS CONFIDENTIAL AS POSSIBLE?
AND ONE THING I WILL SAY IS DEFINITELY ASK THE RESIDENT WHAT
THEY FEEL COMFORTABLE WITH.
BUT ARE THERE OTHER GUIDELINES PEOPLE SHOULD FOLLOW?
>> OFF THE TOP OF MY HEAD, THERE'S THE PRIVACY ACT, MAKING
SURE YOU ARE FOLLOWING THAT.
HUD STAFF AND PCBAs, OF COURSE WANT TO KEEP THE RECORDS
CONFIDENTIAL SO SEEING WHAT THE -- WHAT THE RESIDENT IS
COMFORTABLE WITH AND KIND OF 42 GOING FROM THERE.
ABSOLUTELY.
THIS IS A VERY SENSITIVE SUBJECT, SENSITIVE INFORMATION
AND WE WANT THE RECORDS TO BE CONFIDENTIAL.
>> SO THIS WRAPS UP OUR SECOND WEBINAR.
WE REALLY APPRECIATE YOU STICKING WITH US AND JOINING US
FOR THIS WEBINAR.
US THREE ARE THE VAWA TEAM.
CONTINUE TO SEND KRISTIN
QUESTIONS.
WITH THAT SAID, THANK YOU FOR JOINING US AND HAVE A LOVELY
AFTERNOON.
>> THANKS.
>> THANK YOU.
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