Laserfiche WebLink
PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, <br />DOCUMENTATION, CONFIDENTIALITY <br />16-IX.A. OVERVIEW <br />The Violence against Women Act of 2013 (VAWA) provides special protections for victims of <br />domestic violence, dating violence, sexual assault and stalking who are applying for or receiving <br />assistance under the housing choice voucher (HCV) program. If your state or local laws provide <br />greater protection for such victims, those laws apply in conjunction with VAWA. <br />In addition to definitions of key terms used in VAWA, this part contains general VAWA <br />requirements and SAHA policies in three areas: notification, documentation, and confidentiality. <br />Specific VAWA requirements and SAHA policies are located primarily in the following <br />sections: 3-I.C, "Family Breakup and Remaining Member of Tenant Family"; 3-III.G, <br />"Prohibition against Denial of Assistance to Victims of Domestic Violence, Dating Violence, <br />and Stalking"; 10-I.A, "Allowable Moves"; 10-I.13, "Restrictions on Moves"; 12-II.E, <br />"Terminations Related to Domestic Violence, Dating Violence, or Stalking"; and 12-II.17, <br />"Termination Notice." <br />16-IX.B. DEFINITIONS [24 CFR 5.2003, 42 USC 139251 <br />As used in VAWA: <br />The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a <br />lease as a matter of law such that certain tenants can be evicted or removed while the <br />remaining family members' lease and occupancy rights are allowed to remain intact. <br />The term dating violence means violence committed by a person who is or has been in a <br />social relationship of a romantic or intimate nature with the victim; and where the existence <br />of such a relationship shall be determined based on a consideration of the following factors: <br />- The length of the relationship <br />- The type of relationship <br />- The frequency of interaction between the persons involved in the relationship <br />The term domestic violence includes felony or misdemeanor crimes of violence committed <br />by a current or former spouse or intimate partner of the victim, by a person with whom the <br />victim shares a child in common, by a person who is cohabitating with or has cohabitated <br />with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of <br />the victim under the domestic or family violence laws of the jurisdiction receiving grant <br />monies, or by any other person against an adult or youth victim who is protected from that <br />person's acts under the domestic or family violence laws of the jurisdiction. <br />• The term affiliated individual means, with respect to a person: <br />- A spouse, parent, brother or sister, or child of that individual, or an individual to whom <br />that individual stands in the position or place of a parent; or <br />5 •• <br />