4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3

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First, VAWA provides that a PHA may not terminate assistance to a family that moves out of an assisted unit in violation of the lease, with or without prior notification to the PHA, if the move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit {24 CFR 982.314(b)(2)\]. Second, it provides that an incident or incidents of actual or threatened domestic violence. Dating violence, or stalking may not be construed either as a serious or repeated lease violation by the victim or as good cause to terminate the assistance of the victim \[24 CFR 5.2005(c)(1)\]. Third, it provides that criminal activity directly related to domestic violence, dating violence, or stalking may not be construed as cause for terminating the assistance of a tenant if a member of in the criminal activity and the tenant or an immediate family member of the tenant is the actual or threatened victim of the domestic violence, dating violence, or stalking \[24 CFR5.2005(C)(2)\]. who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence \[24 CFR 5.2009(a)\]. Limitations on VAWA Protections \[24cfr 5.2005(d) and (e)\] VAWA does not limit the authority of a PHA to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, or stalking so long as the PHA does not subject the victim to a more demanding standard than it applies to other program participants \[24 CFR 5.2005(d)(1\]. Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a victim of domestic violence, dating violence, or stalking if the PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance \[24 CFR 5.2005(d)(2)\]. HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death or serious bodily harm \[24 CFR 5.2005(d)(2) and (e)\]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: The duration of the risk The nature and severity of potential harm The likelihood that the potential will occur The length of time before the potential harm would occur \[24 CFR 502005(e)\]. Even when a victim poses an actual and imminent threat, however, HUD regulations authorize a PHA to ter Page 12-10 04/01/14