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FULL_AGENDA_2020-12-01
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12/14/2020 11:35:01 AM
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12/1/2020 9:31:09 AM
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City Clerk
Doc Type
Agenda Packet
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Community Development
Date
12/1/2020
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demand official documentation and may rely upon the victim's statement alone. If you choose to <br />request certification, you must do so in writing and give the tenant at least 14 business days to <br />provide documentation. You are free to extend this deadline. A tenant can certify that he or she is <br />a victim by providing any one of the following three documents: <br />• A completed, signed HUD -approved certification form. The most recent form is <br />HUD-50066. This form is available at the housing authority or online at <br />htto://portal.hud. og v/hudportal/HUD?src=/proms offices/administration/hudclips/forms/hud5. <br />• A statement from a victim service provider, attorney, mental health professional, or medical <br />professional who has helped the victim address incidents of domestic violence, dating <br />violence, sexual assault, or stalking. The professional must state that he or she believes that <br />the incidents of abuse are real. Both the victim and the professional must sign the statement <br />under penalty of perjury. <br />• A police or court record, such as a protective order, or administrative record. <br />If the tenant fails to provide one of these documents within 14 business days, you may evict the <br />tenant if authorized by otherwise applicable law and lease provisions. <br />Confidentiality <br />You must keep confidential any information a tenant provides to certify that he or she is a victim <br />of domestic violence, dating violence, sexual assault, or stalking. You cannot enter the <br />information into a shared database or reveal it to outside entities unless: <br />• The tenant provides written permission releasing the information. <br />• The information is required for use in an eviction proceeding, such as to evict the abuser. <br />• Release of the information is otherwise required by law. <br />The victim should inform you if the release of the information would put his or her safety at risk. <br />VAWA and Other Laws <br />VAWA does not limit your obligation to honor court orders regarding access to or control of the <br />property. This includes orders issued to protect the victim and orders dividing property among <br />household members in cases where a family breaks up. <br />VAWA does not replace any federal, state, or local law that provides greater protection for <br />victims of domestic violence, dating violence, sexual assault, or stalking. <br />Additional Information <br />• If you have any questions regarding VAWA, please contact <br />Definitions <br />For purposes of determining whether a tenant may be covered by VAWA, the following list of <br />definitions applies: <br />VAWA defines domestic violence to include felony or misdemeanor crimes of violence <br />committed by any of the following: <br />• A current or former spouse or intimate partner of the victim <br />4-152 <br />
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