Certification of domestic violence dating violence or stalking

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You cannot evict a tenant who is the victim of domestic violence, dating violence or stalking based on acts or threats or violence committed against the victim.

Project-based Section 8 owners and managers now have a form they can use to ask residents to certify if they are victims of domestic violence, dating violence, or stalking.

The Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA) protects qualified residents and families who are victims of domestic violence or staking from being evicted from their units.

If one household member is eventually removed from the unit because of engaging in acts of domestic violence, the owner or site manager should do an interim recertification to reflect the change in household composition.

(See HUD Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs, Chapter 7, Section 2 for processing interim recertifications.) The HUD-approved lease addendum (Form HUD-91067) revises the lease to reflect the statutory requirements of the VAWA that are related to project-based Section 8 assistance programs.

Owners and managers must provide a copy of the addendum to new residents and existing residents.

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A federal law that went into effect in 2006 protects individuals who are victims of domestic violence, dating violence and stalking.The name of the law is the Violence Against Women Act, or “VAWA”. Protections for Victims You cannot refuse to rent to an applicant solely because he or she is a victim of domestic violence, dating violence or stalking.

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