Common use of Limited applicability of VAWA requirements Clause in Contracts

Limited applicability of VAWA requirements. a. Nothing in this section limits the authority of the Landlord, when notified of a court order, to comply with a court order with respect to: i. 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 ii. The distribution or possession of property among members of a household. b. Nothing in this section limits any available authority of the Subrecipient evict or terminate assistance to a Tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the Tenant. However, the Subrecipient must not subject the Tenant, who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or is affiliated with an individual who is or has been a victim of domestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. c. Nothing in this section limits the authority of the Landlord to terminate assistance to or evict a Tenant under a covered housing program if the Landlord can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Subrecipient would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminent threat” in 24 CFR 5.2003. d. Any eviction or termination of assistance, as provided paragraph (3) of this section should be utilized by the Landlord only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes but must be tailored to particularized concerns about individual residents.

Appears in 2 contracts

Samples: Rental Assistance Payment Contract, Lease Addendum

AutoNDA by SimpleDocs

Limited applicability of VAWA requirements. a. Nothing in this section limits the authority of the Landlord, when notified of a court order, to comply with a court order with respect to: i. 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 ii. The distribution or possession of property among members of a household. b. Nothing in this section limits any available authority of the Subrecipient evict or terminate assistance to a Tenant tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the Tenanttenant. However, the Subrecipient must not subject the Tenanttenant, who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or is affiliated with an individual who is or has been a victim of domestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. c. Nothing in this section limits the authority of the Landlord to terminate assistance to or evict a Tenant tenant under a covered housing program if the Landlord can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Subrecipient would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminent threat” in 24 CFR §5.2003. d. Any eviction or termination of assistance, as provided paragraph (3) of this section should be utilized by the Landlord only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes stereotypes, but must be tailored to particularized concerns about individual residents.

Appears in 1 contract

Samples: Rental Assistance Payment Contract

Limited applicability of VAWA requirements. a. Nothing in this section limits the authority of the Landlord, when notified of a court order, to comply with a court order with respect to: i. 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 ii. The distribution or possession of property among members of a household. b. Nothing in this section limits any available authority of the Subrecipient evict or terminate assistance to a Tenant tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the Tenanttenant. However, the Subrecipient must not subject the Tenanttenant, who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or is affiliated with an individual who is or has been a victim of domestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. c. Nothing in this section limits the authority of the Landlord to terminate assistance to or evict a Tenant tenant under a covered housing program if the Landlord can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Subrecipient would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminent threat” in 24 CFR 5.2003. d. Any eviction or termination of assistance, as provided paragraph (3) of this section should be utilized by the Landlord only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes stereotypes, but must be tailored to particularized concerns about individual residents. Tenant Name Subrecipient Type or Print name here _Type or Print name here Signature Date Signature Date EMERGENCY SOLUTIONS GRANT RAPID REHOUSING/ HOMELESSNESS PREVENTION 2019 REQUEST FOR UNIT APPROVAL (SCATTERED SITES) Type of Unit: Single Family Semi-detached/Row House Garden/Walk up Elevator/High Rise Mobile Home Date Constructed: Most recent rent charged: Proposed rent: UNIT ADDRESS: Landlord Contact Information: Were the same utilities/appliances included in the rent: Yes No Insert Source of Utilities. Heating - source: Water Heating-source: Cooking – source: Water Other Electric Sewer Air Conditioning Trash Collection Range/Microwave Other Refrigerator Other Signature Date Signature Date 2019 Landlord Name: Tenant Name: Address: Unit: Phone: Address: Email: This Rental Assistance Payment Contract (“Contract”) is entered into between (hereinafter referred to as “Subrecipient”) and the above referenced Landlord. This Contract applies only to the Tenant and the above-referenced dwelling unit (the “Unit”).

Appears in 1 contract

Samples: Rental Assistance Payment Contract

Limited applicability of VAWA requirements. a. 1. Nothing in this section limits the authority of the LandlordSub-recipient or owner, when notified of a court order, to comply with a court order with respect to: i. (i) 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 (ii. ) The distribution or possession of property among members of a household. b. 2. Nothing in this section limits any available authority of the Subrecipient a Sub-recipient to evict or terminate assistance to a Tenant tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the Tenanttenant. However, the Subrecipient Sub- recipient must not subject the Tenanttenant, who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or is affiliated with an individual who is or has been a victim of domestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. c. 3. Nothing in this section limits the authority of the Landlord a Sub-recipient to terminate assistance to or evict a Tenant tenant under a covered housing program if the Landlord Sub-recipient can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Subrecipient Sub-recipient would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminent threat” in 24 CFR 5.2003. d. 4. Any eviction or termination of assistance, as provided paragraph (3) of this section should be utilized by the Landlord a Sub-recipient only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes stereotypes, but must be tailored to particularized concerns about individual residents.

Appears in 1 contract

Samples: Continuum of Care Permanent Supportive Housing Rental Assistance Agreement

AutoNDA by SimpleDocs

Limited applicability of VAWA requirements. a. Nothing in this section limits the authority of the Landlord, when notified of a court order, to comply with a court order with respect to: i. 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 ii. The distribution or possession of property among members of a household. b. Nothing in this section limits any available authority of the Subrecipient evict or terminate assistance to a Tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the Tenant. However, the Subrecipient must not subject the Tenant, who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or is affiliated with an individual who is or has been a victim of domestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. c. Nothing in this section limits the authority of the Landlord to terminate assistance to or evict a Tenant under a covered housing program if the Landlord can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Subrecipient would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminent threat” in 24 CFR 5.2003.. 2024-2025 TANF GRANT SHORT-TERM RAPID RE-HOUSING/HOMELESS PREVENTION d. Any eviction or termination of assistance, as provided paragraph (3) of this section should be utilized by the Landlord only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes but must be tailored to particularized concerns about individual residents.

Appears in 1 contract

Samples: Rental Assistance Payment Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!