Notice of Occupancy Rights Under the Violence Against Women Act

About this notice

The Violence Against Women Act ("VAWA") provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. The U.S. Department of Housing and Urban Development ("HUD") is the federal agency that oversees the program covering this property and is responsible for administering VAWA.

This notice explains your rights under VAWA. A HUD-approved certification form (Form HUD-5382) is attached to this notice. You can fill out the certification form to document an incident or pattern of incidents of domestic violence, dating violence, sexual assault, or stalking.

Protections for applicants

If you otherwise qualify for assistance under any of the covered housing programs listed above, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Protections for tenants

If you are receiving assistance under a covered housing program, you may not be denied assistance, terminated from participation, or evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Also, if you or an affiliated individual of yours is or has been the victim of an incident of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under the covered housing program based solely on criminal activity directly relating to that incident.

Affiliated individuals of the tenant include: your spouse, parent, sibling, or child; any individual to whom you stand in loco parentis (in the place of a parent); or any individual, tenant, or lawful occupant living in your household.

Removing the abuser from the household

HUD does not require Landlord to bifurcate (split) the lease to evict the abuser, but Landlord may choose to do so. If Landlord chooses to bifurcate the lease, Landlord must remove the abuser only and may not remove other tenants who are victims of, or affiliated with, the abuser. In any bifurcation, the remaining tenants will have time as set by HUD regulation to either qualify for the assistance under their own name or find new housing.

Moving to another unit

If you are a victim of domestic violence, dating violence, sexual assault, or stalking, you may request an emergency transfer to another safe and available unit, whether at the same property or another property covered by the same housing program. To request an emergency transfer, you must submit a written request to Landlord stating that (a) you reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit, or (b) you have been the victim of sexual assault and the assault occurred on the premises within the 90 days preceding the transfer request.

Landlord may not require third-party documentation of the imminent-harm or sexual-assault claim before granting the transfer, although Landlord may ask for self-certification on HUD Form 5382.

Confidentiality

Landlord shall keep confidential any information you submit regarding an incident of domestic violence, dating violence, sexual assault, or stalking. Information may be disclosed only with your written consent, when required for use in an eviction or termination proceeding, when otherwise required by law, or when disclosure is required to a HUD employee in the official scope of the employee's duties.

Reasons for denial or termination NOT related to VAWA

VAWA protections do not limit Landlord's ability to evict or terminate assistance for reasons unrelated to a tenant's status as a victim, including non-payment of rent or serious lease violations not arising out of an incident of abuse.

How to certify

If Landlord asks you to certify that you are a victim of domestic violence, dating violence, sexual assault, or stalking, you have 14 business days from the date of Landlord's written request to provide one of the following:

• A completed and signed HUD Form 5382 (Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking).
• A federal, state, tribal, territorial, or local police record or court record.
• Documentation signed and attested to by a victim service provider, attorney, or medical or mental health professional from whom you have sought assistance, stating under penalty of perjury that the professional believes the incident or incidents in question are bona fide.
• Any other statement or evidence that Landlord has agreed to accept.

You may also choose to provide no documentation, in which case Landlord may extend the 14-day window or may consider the VAWA defense waived. Landlord may request third-party documentation only if there is conflicting information from third-party sources and only if the request would not interfere with your ability to address your VAWA-related situation.

Where to learn more

• The official HUD VAWA web page: hud.gov/program_offices/fair_housing_equal_opp/VAWA.
• The U.S. Department of Justice Office on Violence Against Women: justice.gov/ovw.
• National Domestic Violence Hotline: 1-800-799-7233 (1-800-799-SAFE) or text "START" to 88788. Available 24/7, free, confidential.
• National Sexual Assault Hotline: 1-800-656-4673 (1-800-656-HOPE). 24/7, free, confidential.

This is a plain-language reference copy of HUD Form 5380 as reissued 06/2017. The official PDF from HUD controls in any conflict. Rentari.ai is not a law firm; you should consult a legal-aid organization or attorney for advice about your specific situation. If you are in immediate danger, call 911.