34 USC 12491 - Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking

U.S Code last checked for updates: Nov 22, 2024

§ 12491.

Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking

(a)

Definitions

In this subpart:

(1)

Affiliated individual

The term “affiliated individual” means, with respect to an individual—

(A)

a spouse, parent, sibling, or child of that individual, or an individual to whom that individual stands in loco parentis; or

(B)

any individual, tenant, or lawful occupant living in the household of that individual.

(2)

Appropriate agency

(3)

Covered housing program

The term “covered housing program” means—

(A)

the program under section 1701q of title 12, including the direct loan program under such section;

(B)

the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);

(C)

the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);

(D)

the programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);

(E)

the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);

(F)

the program under paragraph (3) of section 1715l(d) of title 12 that bears interest at a rate determined under the proviso under paragraph (5) of such section 1715l(d);

(G)

the program under section 1715z–1 of title 12;

(H)

the programs under sections 1437d and 1437f of title 42;

(I)

rural housing assistance provided under sections 1484, 1485, 1486, 1490m, 1490p–2, and 1490r of title 42;

(J)

the low income housing tax credit program under section 42 of title 26;

(K)

the provision of assistance from the Housing Trust Fund established under section 4568 of title 12;

(L)

the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38;

(M)

the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38;

(N)

the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38;

(O)

the provision of transitional housing assistance for victims of domestic violence, dating violence, sexual assault, or stalking under the grant program under subpart 4 of part B; and

(P)

any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, notices, or any other means.

(b)

Prohibited basis for denial or termination of assistance or eviction

(1)

In general

(2)

Construction of lease terms

An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as—

(A)

a serious or repeated violation of a lease for housing assisted under a covered housing program by the victim or threatened victim of such incident; or

(B)

good cause for terminating the assistance, tenancy, or occupancy rights to housing assisted under a covered housing program of the victim or threatened victim of such incident.

(3)

Termination on the basis of criminal activity

(A)

Denial of assistance, tenancy, and occupancy rights prohibited

(B)

Bifurcation

(i)

In general

(ii)

Effect of eviction on other tenants

(C)

Rules of construction

Nothing in subparagraph (A) shall be construed—

(i)

to limit the authority of a public housing agency or owner or manager of housing assisted under a covered housing program, when notified of a court order, to comply with a court order with respect to—

(I)

the rights of access to or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or

(II)

the distribution or possession of property among members of a household in a case;

(ii)

to limit any otherwise available authority of a public housing agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an affiliated person of the tenant, if the public housing agency or owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;

(iii)

to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if a public housing agency or owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals employed at or providing service to the property would be present if the assistance is not terminated or the tenant is not evicted; or

(iv)

to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.

(c)

Documentation

(1)

Request for documentation

(2)

Failure to provide certification

(A)

In general

If an applicant or tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from a public housing agency or owner or manager of housing assisted under a covered housing program, nothing in this subpart may be construed to limit the authority of the public housing agency or owner or manager to—

(i)

deny admission by the applicant or tenant to the covered program;

(ii)

deny assistance under the covered program to the applicant or tenant;

(iii)

terminate the participation of the applicant or tenant in the covered program; or

(iv)

evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.

(B)

Extension

(3)

Form of documentation

A form of documentation described in this paragraph is—

(A)

a certification form approved by the appropriate agency that—

(i)

states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;

(ii)

states that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b); and

(iii)

includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking, if the name is known and safe to provide;

(B)

a document that—

(i)

is signed by—

(I)

an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; and

(II)

the applicant or tenant; and

(ii)

states under penalty of perjury that the individual described in clause (i)(I) believes that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b);

(C)

a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or

(D)

at the discretion of a public housing agency or owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.

(4)

Confidentiality

Any information submitted to a public housing agency or owner or manager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence by the public housing agency or owner or manager and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is—

(A)

requested or consented to by the individual in writing;

(B)

required for use in an eviction proceeding under subsection (b); or

(C)

otherwise required by applicable law.

(5)

Documentation not required

(6)

Compliance not sufficient to constitute evidence of unreasonable act

(7)

Response to conflicting certification

(8)

Preemption

(d)

Notification

(1)

Development

(2)

Provision

Each public housing agency or owner or manager of housing assisted under a covered housing program shall provide the notice developed under paragraph (1), together with the form described in subsection (c)(3)(A), to an applicant for or tenants of housing assisted under a covered housing program—

(A)

at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program;

(B)

at the time the individual is admitted to a dwelling unit assisted under the covered housing program;

(C)

with any notification of eviction or notification of termination of assistance; and

(D)

in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order 13166 (42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency).

(e)

Emergency transfers

Each appropriate agency shall adopt a model emergency transfer plan for use by public housing agencies and owners or managers of housing assisted under covered housing programs that—

(1)

allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit assisted under a covered housing program if—

(A)

the tenant expressly requests the transfer; and

(B)

(i)

the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program; or

(ii)

in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 90 day period preceding the request for transfer; and

(2)

incorporates reasonable confidentiality measures to ensure that the public housing agency or owner or manager does not disclose the location of the dwelling unit of a tenant to a person that commits an act of domestic violence, dating violence, sexual assault, or stalking against the tenant.

(f)

Policies and procedures for emergency transfer

(g)

Implementation

(Pub. L. 103–322, title IV, § 41411, as added Pub. L. 113–4, title VI, § 601(a)(4), Mar. 7, 2013, 127 Stat. 102; amended Pub. L. 114–324, § 6, Dec. 16, 2016, 130 Stat. 1951; Pub. L. 117–103, div. W, title VI, § 601, Mar. 15, 2022, 136 Stat. 881.)

cite as: 34 USC 12491