We continue to receive questions about VAWA Forms requirements. In an effort to assist anyone who may still have questions about VAWA Forms requirements, we have provided a brief summary below. Keep in mind that this is just a recap of the requirements surrounding the VAWA Forms and we recommend all property managers participate in comprehensive VAWA training.
On July 26, 2017 HUD provided an online overview of VAWA requirements. This webcast can be viewed from the following link: https://www.youtube.com/watch?v=FhraC7t2Cxo. An additional webcast designed for PBCAs and Field Office staff can be viewed from the following link. https://www.youtube.com/watch?v=_fZMC57-7Kk.
HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification are required forms. HUD Form 5380 is to be modified to include specific information about the Housing Provider, appropriate HUD offices and resources for victims of VAWA crimes. Owner/agents may reformat the form (e.g. remove double spacing, change font) but OMB information should be included on the forms. The current version of the VAWA forms available on HUDClips expires 6/30/2017. HUD has not posted new forms. New forms have been released, by HUD, for comment. We will send a HUDBlast when new forms are posted.
Owner/agents are required to distribute HUD Forms 5380 & 5382 as follows:
Between December 16, 2016 and December 15, 2017 owner/agents must provide these forms to existing residents at the next AR/lease signing (not every AR, just the next one). If a resident is paying market rent and will not participate in the AR, the owner/agent must find another way to distribute the form.
OAs are not required to note the file to specify that the forms have been provided, but are encouraged to do so.
If an owner/agent failed to provide these forms at AR, the owner/agent must develop a method to provide these forms and make a note to the file specifying that the forms were provided at another time. This must be done no later than December 15, 2017.
OAs are also required to provide both forms at MI. OAs are not required to note the file to specify that the forms have been provided, but are encouraged to do so.
OAs are required to provide the forms with notice of termination of assistance.
OAs are required to provide the forms with notice of termination of tenancy/eviction.
OAs are not required to provide the forms to all applicants, but must provide the forms with any Rejection Notice.
OAs are encouraged to post a completed version of HUD Form 5380 on community bulletin boards and on property web sites.
The current HUD Form 5381 Model VAWA Emergency Transfer (VET) Plan is used to assist you in developing your own VET Plan. This form is not provided to residents. At this time, HUD has acknowledged that certain requirements set forth in the Final Rule are not included in HUD Form 5381, so OAs should not use the form in lieu of developing and implementing their own plan.
Owner/agents were required to develop and implement their VAWA Emergency Transfer (VET) Plan no later than June 14, 2017. Owner/agents are encouraged to post their VET Plan and must make the VET Plan available upon request.
HUD Form 5383 VAWA Emergency Transfer Request is an optional form. OAs are not required to use a written VET Request. OAs may use HUD's form or OAs may create their own form.
The VAWA Forms mentioned above can be found on the HUDClips web site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud5a. These forms are available in multiple languages.
HUD Form 91067 the VAWA Addendum is currently authorized for use on Section 8 properties. This form is also being modified to comply with requirements set forth in the Final Rule. Section 8 property managers must include this form as an attachment to the lease. If you do not manage a Section 8 property (e.g. PRAC, BMIR, etc.), you should wait until the new, modified VAWA Addendum is released before implementing. This will allow HUD to add new protections for victims of sexual assault and will allow HUD to add language explaining that a victim of a VAWA crime is not required to disclose the name of the alleged perpetrator if 1) doing so would put the victim in imminent danger or 2) the victim does not know the name of the alleged perpetrator.
The VAWA Addendum can be found on the HUDClips web site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.
HUD Form 91066 (VAWA Certification) is now obsolete and should no longer be used.
It is best to develop a VAWA Policy so that property staff know what to do when a resident or applicant wishes to exercise his or her VAWA protections. OAs should make any VAWA Policy available upon request.
New modified VAWA Forms have been released for comment.
Our VAWA FASTForms CD ($250.00) provides you with modified forms, VAWA Policies and supporting forms. For additional information, visit our web site at https://www.rbdnow.com/fast-forms
Our RBD Online Training Workshop - Fair Housing for Federally Funded Properties (September 19, 2017) includes complete instruction about new VAWA requirements. For additional information, visit our web site at https://www.rbdnow.com/online-training
If you have any additional questions, please let me know.