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04 - HAADMIN PLAN 2
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04 - HAADMIN PLAN 2
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City Clerk
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Agenda Packet
Item #
04
Date
12/20/2010
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Certification of Domestic Violence, Dating Violence, 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, or stalking. You are not required to demand official <br />documentation and may rely upon the victim's statement alone. If you choose to request <br />certification, you must do so in writing and give the tenant at least 14 business days to provide <br />documentation. You are free to extend this deadline. A tenant can certify that he or she is a <br />victim by providing any one of the following three documents: <br />~ By completing aHUD-approved certification form. The most recent form is HUD-50066. <br />This form is available at the housing authority, or online at <br />http://www.hud. gov/offices/adm/hudcli~s/. <br />~ By providing a statement from a victim service provider, attorney, or medical professional <br />who has helped the victim address incidents of domestic violence, dating violence, or <br />stalking. The professional must state that he or she believes that the incidents of abuse are <br />real. Both the victim and the professional must sign the statement under penalty of perjury. <br />~ By providing a police or court record, such as a protective order. <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, or stalking. You cannot enter the information into a shared <br />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, or stalking. <br />Additional Information <br />~ If you have any questions regarding VAWA, please contact <br />~ HUD Notice PIH 2006-42 contains detailed information regarding VAWA's certification <br />requirements. The notice is available at http://www.hud.gov/offices/adm/hudclips/. <br />~ An overview of VAWA's housing provisions is available at <br />http://edocket. acces s . gpo. gov/2007/pdf/E7-4795.pdf. <br />ii/29/io Page 16-33 <br />
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