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FULL_AGENDA_2020-12-01
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12/14/2020 11:35:01 AM
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City Clerk
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Agenda Packet
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Community Development
Date
12/1/2020
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EXHIBIT 16-2: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND <br />MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) <br />This sample notice was adapted from a notice prepared by the National Housing Law Project. <br />A federal law that went into effect in 2013 protects individuals who are victims of domestic <br />violence, dating violence, sexual assault, and stalking. The name of the law is the Violence <br />against Women Act, or "VAWA." This notice explains your obligations under VAWA. <br />Protections for Victims <br />You cannot refuse to rent to an applicant solely because he or she is or has been a victim of <br />domestic violence, dating violence, sexual assault, or stalking. <br />You cannot evict a tenant who is or has been the victim of domestic violence, dating violence, <br />sexual assault, or stalking based on acts or threats of violence committed against the victim. <br />Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or <br />stalking that are caused by a household member or guest cannot be cause for evicting the victim <br />of the abuse. <br />Permissible Evictions <br />You can evict a victim of domestic violence, dating violence, sexual assault, or stalking if you <br />can demonstrate that there is an actual and imminent (immediate) threat to other tenants or <br />employees at the property if the victim is not evicted. Also, you may evict a victim for serious or <br />repeated lease violations that are not related to the domestic violence, dating violence, sexual <br />assault, or stalking. You cannot hold a victim of domestic violence, dating violence, sexual <br />assault, or stalking to a more demanding standard than you hold tenants who are not victims. <br />Removing the Abuser from the Household <br />You may bifurcate (split) the lease to evict a tenant who has committed criminal acts of violence <br />against family members or others, while allowing the victim and other household members to <br />stay in the unit. If you choose to remove the abuser, you may not take away the remaining <br />tenants' rights to the unit or otherwise punish the remaining tenants. In removing the abuser from <br />the household, you must follow federal, state, and local eviction procedures. <br />Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking <br />If a tenant asserts VAWA's protections, you can ask the tenant to certify that he or she is a <br />victim of domestic violence, dating violence, sexual assault, or stalking. You are not required to <br />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 />hllp://portal.hud. ov/hudportal/HUD?src=/program_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 />4-74 <br />
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