Violence Against Women Act (VAWA) Policy
It's the Elkton Housing Authority's objective to assure awareness to applicants, participants, tenants, section 8 and public housing managers, and owners of the rights of women not to be discriminated against, denied access to, or evicted from public housing and subsidized housing because of their status of victims of domestic violence.
The Violence Against Women Reauthorization Act of 2005 (VAWA) was signed into law January 5, 2006, as Public Law 109-162. Title VI of the VAWA adds a new housing provision that establishes several categories of protected individuals. Under the law victims of domestic violence, dating violence, sexual assault, and stalking are granted protections and cannot be denied or terminated from housing or housing assistance because of activity that is directly related to domestic violence. 2005 VAWA Pub. L. 109-162; Stat. 2960 signed into law on January 5, 2006 and codified at 42 U.S.C. §1437d(l) and 1435f(d), (0) & 1 and (u)
On March 7, 2013, the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4) (VAWA 2013) was signed into law. VAWA 2013 implemented several key changes related to housing protections for victims of domestic violence, dating violence, sexual assault, or stalking. HUD published a notice in the Federal Register on August 6, 2013 describing HUD's programs. (See 78 FR 47717.)
Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs, Final Rule, published in the Federal Register on November 16, 2016, (81 Fed. Reg. 80724 (November 16, 2016)) (VAWA Final Rule).
To reduce domestic violence, dating violence, and stalking and to prevent homelessness by:
(a) protecting the safety of victims;
(b) creating long-term housing solutions for victims;
(c) building collaborations among victim service providers; and
(d) assisting Elkton Housing Authority (EHA) to respond appropriately to the violence while maintaining a safe environment for EHA, employees, tenants, applicants, Section 8 participants, program participants and others.
(e) educate staff through workshops and seminars;
(f) continue to provide information to participants, tenants, section 8 and public housing managers on a consistent basis through the EHA quarterly newsletter and provide a VAWA notice to all public housing and section 8 applications;
(g) seek available grants through the Department of Justice to increase long-term stability of victims.
The policy will assist the Elkton Housing Authority in providing rights under the Violence Against Women Act to its applicants, public housing residents, Section 8 participants and other program participants.
This Policy is incorporated into EHA's "Admission and Continued Occupancy Policy" and "Section 8 Administration Plan" and applies to all EHA housing programs.
The definitions in this Section apply only to this Policy.
3.0 Certification and Confidentiality
4.0 Appropriate Basis for Denial of Admission, Assistance or Tenancy
5.0 Actions Against a Perpetrator
The EHA may evict, terminate assistance, deny admission to a program or trespass a perpetrator from its property under this Policy. The victim shall take action to control or prevent the domestic violence, dating violence, or stalking. The action may include but is not limited to: (a) obtaining and enforcing a restraining or no contact order or order for protection against the perpetrator; (b) obtaining and enforcing a trespass against the perpetrator; (c) enforcing EHA or law enforcement's trespass of the perpetrator; (d) preventing the delivery of the perpetrator's mail to the victim's unit; (e) providing identifying information listed in 3.2; and (f) other reasonable measures.
6.0 EHA Right to Terminate Housing and Housing Assistance Under this Policy
7.0 Statements of Responsibility of Tenant Victim, the EHA to the Victim, and to the Larger Community.
8.0 Notice to Applicants, Participants, Tenants and Section 8 Managers and Owners.
EHA shall provide notice to applicants, participants, tenants, managers and owners of their rights and obligations under Section 3.4 Confidentiality and Section 4.0 Appropriate Basis for Denial of Admission, Assistance or Tenancy.
9.0 Reporting Requirements
EHA shall include in its 5-year plan a statement of goals, objectives, policies or programs that will serve the needs of victims. EHA shall also include a description of activities, services or programs provided or offered either directly or in partnership with other service providers to victims, to help victims obtain or maintain housing or to prevent the abuse or to enhance the safety of victims.
10.0 Conflict and Scope
This Policy does not enlarge EHA's duty under any law, regulation or ordinance. If this Policy conflicts with the applicable law, regulation or ordinance, the law, regulation or ordinance shall control. If this Policy conflicts with another EHA policy such as its Statement of Policies or Section 8 Administration Plan, this Policy will control.
The Executive Director may amend this policy when it is reasonably necessary to effectuate the Policy's intent, purpose or interpretation. The proposed amendment along with the rationale for the amendment shall be submitted to the Executive Director for consideration. Where reasonably necessary, the Executive Director may approve the amendment. The amendment shall be effective and incorporated on the date that the Executive Director signs the amendment.