FULL_AGENDA_2020-12-01 - Laserfiche WebLink

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name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim (2) A federal, state, tribal, territorial, or local police report or court record, or an administrative record (3) Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; a mental health professional; or a medical professional. The person signing the documentation must attest under penalty of perjury to the person's belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. SAHA may not require third -party documentation (forms 2 and 3) in addition to certification (form 1), except as specified below under "Conflicting Documentation," nor may it require certification in addition to third -party documentation [VAWA final rule]. SAHA Policy Any request for documentation of domestic violence, dating violence, or stalking will specify a deadline of 14 days following receipt of request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to submit the documentation or request an extension in writing by the deadline. SAHA may, in its discretion, extend the deadline for 14 days. Any extension granted by SAHA will be in writing. Conflicting Documentation [24 CFR 5.2007(e)] In cases where SAHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, SAHA may determine which is the true victim by requiring each to provide acceptable third -party documentation, as described above (forms 2 and 3). SAHA must honor any court orders issued to protect the victim or to address the distribution of property. SAHA Policy If presented with conflicting certification documents (two or more forms HUD-500066) from members of the same household, SAHA will attempt to determine which is the true victim by requiring each of them to provide third -party documentation in accordance with 24 CFR 5.2007(b)(2) or (3) and by following any HUD guidance on how such determinations should be made. Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] SAHA has the discretion to provide benefits to an individual based solely on the individual's statement or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). 5 ••