VAWA Forms Requirements – Are you Doing Too Much?

Requirements about distribution of the VAWA forms is still causing confusion and managers of HUD properties continue to send us emails requesting clarification. Multifamily property managers should be familiar with the requirements explained in HUD HSG Notice 17-05 Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents

Are you giving out VAWA forms more than you need to? 

Are you providing the right forms?

In an effort to assist anyone who may still have questions about VAWA Forms requirements,

1 - We have provided a brief summary of the forms distribution requirements below. 

2 - Based on your requests, we have also added an RBD Online Training Workshop – VAWA Requirements to our June calendar. 

3 – We have added an RBD FASTFacts resource that summarizes form distribution requirements and have made this document available on our web site at https://www.rbdnow.com/resources/noticeforms.

HUD Form 5380 VAWA Notice and HUD Form 5382 VAWA Certification

HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification are required forms. 

Note: HUD Form 91066 (VAWA Certification) is now obsolete and should no longer be used.

Owners and their agents (OAs) 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. We will send a HUDBlast when new forms are posted. 

OAs are required to distribute HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification as follows:

Between December 16, 2016 and December 15, 2017 OAs were required to provide these forms to existing residents at AR.  If a resident was not required to participate in an annual certification review, the OA is required to find another way to distribute the form. 

OAs are required to provide HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification at MI. 

OAs are required to provide HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification with notice of termination of assistance.

OAs are required to provide HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification with notice of termination of tenancy/eviction.

OAs are required to provide HUD Form 5380 the VAWA Notice and HUD Form 5382 the VAWA Certification with any Rejection Notice. 

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5380 OR HUD FORM 5382 AT EVERY AR.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5380 OR HUD FORM 5382 TO EVERY APPLICANT (ONLY REJECTED APPLICANTS).

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5380 OR HUD FORM 5382 WITH LEASE VIOLATION NOTICES (ONLY TERMINATION NOTICES).

OAs are encouraged to post a completed version of HUD Form 5380 VAWA Notice on community bulletin boards and on property web sites.

HUD Form 91067 the VAWA Addendum

HUD Form 91067 the VAWA Addendum is currently authorized, by HUD, for use on Section 8 properties

This form is 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. 

See HUD’s You Tube video at https://www.youtube.com/watch?v=FhraC7t2Cxo.

HUD Form 5381 Model VAWA Emergency Transfer (VET) Plan

The current HUD Form 5381 Model VAWA Emergency Transfer (VET) Plan is used to assist you in developing your own VET Plan. You are not required to distribute HUD Form 5381 to applicants or residents . 

HUD advises OAs not to use the form in lieu of developing and implementing their own plan. However, the form can be used to assist owner/agents when they are developing their own VET Plan. Using the form “as is” is not adequate. See HUD’s You Tube video at https://www.youtube.com/watch?v=FhraC7t2Cxo. If you want, you can move to minute 58 for specific guidance from HUD Headquarters.

HUD specified that owner/agents were to develop and implement their VAWA Emergency Transfer Plan (VET) no later than June 14, 2017. Owner/agents must provide the VET upon request and should make the VET publicly available.

OAs should allow residents/applicants to use HUD Form 5383 VAWA Emergency Transfer Request which is an optional form. OAs may provide HUD’s form or OAs may create their own form.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5381, YOUR VAWA EMERGENCY TRANSFER PLAN, OR HUD 5383 AT MOVE IN.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5381, YOUR VAWA EMERGENCY TRANSFER PLAN, OR HUD 5383 AT EVERY AR.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5381, YOUR VAWA EMERGENCY TRANSFER PLAN, OR HUD 5383 TO EVERY APPLICANT OR TO REJECTED APPLICANTS.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO DISTRIBUTE HUD FORM 5381, YOUR VAWA EMERGENCY TRANSFER PLAN, OR HUD 5383 WITH LEASE VIOLATION NOTICES.

The VAWA Forms can be found on the HUDClips web site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud5aThese forms are available in multiple languages.