Violence Against Women Act (VAWA Sample Clauses

Violence Against Women Act (VAWA. The PHA will provide the Tenant the Notice of Occupancy Rights and certification form under the Violence Against Women Act.

Violence Against Women Act (VAWA. Protections 1. The Landlord may not consider incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking as serious or repeated violations of the Lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking engaged in by a member of a Tenant’s household or any guest or other person under the Tenant’s control, cause for termination of assistance, tenancy, or occupancy rights, if the Tenant or an immediate member of Tenant’s family is the victim or threatened victim of that abuse. 3. The Landlord must permit the Tenant to terminate the Lease without penalty if the Program determines the Tenant has met conditions for an emergency transfer under 24 C.F.R. Section 5.2005(e).

Violence Against Women Act (VAWA. Protections

Violence Against Women Act (VAWA. VAWA and HUD’s implementing regulations provide housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. The PHA will provide the Notice of Occupancy Rights and Certification Form and is responsible for having an emergency transfer plan. The lease addendum also includes a description of specific protections.

Violence Against Women Act (VAWA. Protections (A) HUD’s regulations protecting victims of domestic violence, dating violence, sexual assault, and stalking, found at 24 CFR part 5, subpart L, apply to this rental agreement. (B) HACH may bifurcate this rental agreement, terminating the tenancy of Tenant or one or more Household Members who engages in criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking.

Violence Against Women Act (VAWA. An incident or incidents of domestic violence, dating violence, sexual assault, or stalking is not an appropriate basis for denial of program assistance to a victim who is a resident of public housing. If DHC is presented with a claim for initial or continued assistance based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse DHC may, but is not required to, request that the individual making the claim document the abuse. DHC’s request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. DHC may extend this time period at its discretion. The individual may satisfy the DHC’s request by providing any one of the following three forms of documentation in the order of preference below: - Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; or a medical professional. Acceptable documentation also includes a record of an administrative agency, and documentation from a mental health professional. The person signing the documentation must attest under penalty of perjury to the person’s belief that the domestic violence, dating violence, sexual assault, or stalking meets the requirements found in VAWA 2013. The victim must also sign the documentation. - A federal, state, tribal, territorial, or local police report or court record. - A completed and signed HUD-approved certification form (HUD- 50066, Certification of Domestic Violence, Dating Violence, or Stalking). The victim of domestic violence, dating violence, sexual assault, or stalking is required to provide the name of the perpetrator on the HUD-approved certification form only if the name of the perpetrator is safe to provide and is known to the victim. DHC may not require third-party documentation (forms 1 and 2) in addition to certification (form 3), except as specified below under “Conflicting Documentation,” nor may it require certification in addition to third-party documentation. Any request for documentation of domestic violence, dating violence, sexual assault, or stalking will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable doc...

Violence Against Women Act (VAWA. 1. An incident of incidents of actual or threatened domestic violence, dating violence, stalking and human trafficking shall not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the tenancy or occupancy rights of the victim of such violence. Additionally, criminal activity directly relating to domestic violence, dating violence, stalking and human trafficking engaged in by a member of a Xxxxxx’s household or any guest or other person under the Lessee’s control, shall not be cause of termination of the tenancy or occupancy rights IF the Lessee or immediate member of the Lessee’s family is a victim of that domestic violence, dating violence, stalking and human trafficking. 2. Management may bifurcate a lease or remove a household member from this Lease without regard to weather a household member is a signatory to the Lease, in order to evict, remove, or terminate occupancy rights of any individual who is a lessee or lawful occupant and who engaged in criminal acts of physical violence against family members or others, without evicting, removing or terminating occupancy rights, or otherwise penalizing the victim of such violence who is also a lessee or lawful occupant. Such eviction or removal of occupancy rights shall be effected in accordance with the procedures prescribed by Federal, State and local law. 3. Management will request a certification (HUD-5382) that an individual is a victim of domestic violence, dating violence, stalking and human trafficking. This certification may include the name of the individual who committed the domestic violence, dating violence, sexual assault or stalking if the name is known and safe to provide.

Violence Against Women Act (VAWA. In accordance with the Violence Against Women and Department of Justice Reauthorization Act of 2005 (“Act”), the HA developed and implemented policies and procedures protecting victims of domestic violence, dating violence, and stalking from discrimination in 2007. The HA will not deny admission to an applicant who is, or has been, a victim of domestic violence, dating violence, or stalking, if the person otherwise qualifies for assistance. Additionally, the HA will not evict a current tenant or terminate the assistance of a current participant solely because the tenant or participant is, or has been, a victim of domestic violence, dating violence, or stalking. The following is a summary of implementation activities carried out by the Section 8 Housing Choice Voucher Program and the Public Housing Program. Section 8 To comply with the Violence Against Women and Department of Justice Reauthorization Act of 2005, the HA has implemented policies protecting victims of domestic violence from discrimination. Owners may bifurcate the lease of those in a violent relationship, allowing the victim of violence to remain in the unit. The HA will not deny admission to an applicant or terminate the assistance of a participant based solely on incidences of domestic violence, dating violence, sexual assault or stalking. Participants may be issued a voucher and move in violation of their lease or move under portability without having lived in the jurisdiction for twelve months to escape a life-threatening situation. All policies related to VAWA may be found throughout the Section 8 Administrative Plan. The Section 8 Program gives admissions preference to victims of domestic violence, dating violence and stalking through set-asides and law enforcement referrals. The Section 8 Program maintains a homeless set-aside program under which vouchers have been allocated to homeless individuals seeking assistance from the County Department of Public and Social Services (DPSS). The HA has expanded the definition of homelessness under the contract with DPSS to include victims of domestic violence, whether they are currently housed or not, to assist victims who flee from an abusive living environment. We do not require the police reports to verify the domestic violence; however, we do require the applicant sign a certified statement regarding the domestic violence. The Section 8 Shelter Plus Care (S+C) program maintains several grants; one of them being Antelope Valley Domestic Violenc...

Violence Against Women Act (VAWA. 1. CHA may not consider incidents of domestic violence, dating violence, sexual assault, or stalking as serious or repeated violations of the lease or other “good cause” for tenancy or occupancy rights of the victim of abuse. 2. CHA may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family or an affiliated individual is the victim or threatened victim of that abuse. 3. CHA may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction. 4. CHA may terminate a tenancy if the domestic violence, dating violence, or stalking pose “an actual and imminent threat” to other tenants or to persons employed at or providing services to the development. 5. CHA may bifurcate a lease to evict any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others without evicting, or otherwise penalizing the victim of the violence who is also a tenant or affiliated individual. 6. If a tenant who is evicted in accordance with subsection (C) above was the sole tenant eligible to receive assistance, any remaining tenant or affiliated individual will be provided an opportunity to establish eligibility, in accordance with the requirements of the Admissions and Continued Occupancy Plan (ACOP) or Administrative Plan, as applicable, pertaining to eligibility for continued occupancy. If no tenant or affiliated individual is eligible for CHA assisted housing, a reasonable time, as defined by HUD, to find new housing or to establish eligibility for another covered housing program (as defined in VAWA) will be provided to the remaining tenant or affiliated individual.

Violence Against Women Act (VAWA. Where applicable, Sponsors shall ensure individuals are not denied assistance, evicted, or have their assistance terminated because of their status as survivors of domestic violence, dating violence, sexual assault, or stalking, or for being affiliated with a victim, pursuant to 34 USC Section 12491. Sponsors must also comply with all notice requirements under VAWA and additional protections afforded to survivors under state law pursuant to CIV Section 1946.7 (early lease termination without penalty) and CIV Sections 1941.5 and 1941.6.