VAWA Reauthorization

On February 9, Senators Dianne Feinstein (D-CA), Lisa Murkowski (R-AK), Joni Ernst (R-IA), Richard Durbin (D-IL), and 18 other Senators introduced the Violence Against Women (VAWA) Reauthorization Act of 2022 (S. 3623).

The Bill would reauthorize VAWA federal grant programs through 2026 and modernize the law. We expect to see support of the Bill. Any amendments made by this Act will take effect October 1 of the first fiscal year beginning after the date of enactment of this Act. This means no changes will take effect before October 2022.

The Violence Against Women Act protects both children and adult victims of domestic violence, dating violence, sexual assault, and stalking.
VAWA protections are currently extended to residents living in properties with HUD Multifamily Housing contracts (MFH), HUD Public and Indian Housing contracts (PIH), the Low-income Housing Tax Credits funding (LIHTC), USDA Rural Development 515 contracts, HOPWA programs and the HOME program.
Title VI – Safe Homes for Victims would expand VAWA’s applicability to the Housing Trust Fund, the Rural Housing Voucher Program, and housing programs for homeless veterans.

A separate similar bill, the Violence Against Women Reauthorization Act of 2021 (H.R. 1620) passed the House of Representatives in March 2021.

At this time, owner/agents managing HUD’s Multifamily Housing programs, should continue to follow HUD guidance provided in HSG Notice 2017-05 Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents.

For those of you looking for a complete explanation of VAWA forms distribution requirements, check out our RBD FASTFacts – VAWA Forms Distribution Requirements

To summarize HUD’s requirements:

HUD Form 5380 Notice of Occupancy Rights Under the Violence Against Women Act (12/2016) is distributed with HUD Form 5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (12/2016) to rejected applicants and existing residents as follows:
  • Rejected applicants (not all applicants)
  • New families at move-in
  • Existing residents with the initial notice of termination (tenancy or assistance) Note: HUD Forms 5380 and 5382 are provided with the first notice provided for each new instance of termination.

Note: HUD Forms 5380 and 5382 are not required at each Annual Recertification.

HUD Form 91067 Lease Addendum - Violence Against Women and Justice Department Reauthorization Act of 2005 must be signed by all adult household members when any new Section 8 lease is signed. Use of the Addendum is optional for other HUD Multifamily Housing programs. 

Note: Rules may be different for LIHTC programs.

With the release of HSG Notice 2020-10 Electronic Signature, Transmission and Storage - Guidance for Multifamily Assisted Housing Industry Partners owner/agents have the option of providing paper or electronic versions of these forms. Please review the HSG Notice 2010-10 for requirement surrounding electronic distribution of required forms.

HUD also encourages O/As to post the VAWA Notice of Occupancy Rights and certification form on their websites and in public areas such as waiting rooms, community bulletin boards, and lobbies, where all tenants may view them.

Owner/agents should not distribute HUD Form 5381 Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (12/2016). This form is to be used as a template when creating your own VAWA Emergency Transfer Plan. The VAWA Emergency Transfer plan should be posted.

Owner/agents provide HUD Form 5383 Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (12/2016) upon request.

To view HUD’s video released shortly after the VAWA Notice was released, visit the HUD channel on YouTube and view MF VAWA Rule for Owners and Agents and MF VAWA Rules For Field Office & PCBAs.

If you have new staff who need a complete explanation of the VAWA requirements for HUD’s Multifamily Housing programs, we have an RBD OnDemand Violence Against Women Act class available as part of our RBD OnDemand library. 

If you need updated VAWA Policies, checklists and notices check out our VAWA - Violence Against Women Act FASTForms Package or the VAWA - Violence Against Women Act individual forms.