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Administrative Plan 7/1/2025 Page 12-16
<br />12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING
<br />VIOLENCE, SEXUAL ASSAULT, STALKING, OR HUMAN TRAFFICKING
<br />This section describes the protections against termination of assistance that the Violence against
<br />Women Act (VAWA) provides for victims of domestic violence, dating violence, sexual assault,
<br />stalking, and human trafficking. For general VAWA requirements, key VAWA definitions, and
<br />PHA policies pertaining to notification, documentation, and confidentiality, see section 16-IX of
<br />this plan.
<br />VAWA Protections against Termination
<br />VAWA provides four specific protections against termination of HCV assistance for victims of
<br />domestic violence, dating violence, sexual assault or stalking. (Note: The second, third, and
<br />fourth protections also apply to terminations of tenancy or occupancy by owners participating in
<br />the HCV program, as do the limitations discussed under the next heading.)
<br /> Although the VAWA 2022 statute does not specifically include human trafficking in the list
<br />of victims protected under VAWA, in 2022 HUD began including human trafficking as part
<br />of the list of victims protected under VAWA (as seen in Notices PIH 2022-06, PIH 2022-22,
<br />and PIH 2022-24). In the absence of a final rule implementing VAWA 2022 and to mirror
<br />HUD’s recent usage, this policy includes human trafficking in addition to domestic violence,
<br />dating violence, sexual assault, and stalking anywhere such a list appears.
<br />First, VAWA provides that a PHA may not terminate assistance to a family that moves out of an
<br />assisted unit in violation of the lease, with or without prior notification to the PHA, if the move
<br />occurred to protect the health or safety of a family member who is or has been the victim of
<br />domestic violence, dating violence, sexual assault stalking, or human trafficking, and who
<br />reasonably believed they were imminently threatened by harm from further violence if they
<br />remained in the unit [see 24 CFR 982.354(b)(4)].
<br />Second, it provides that an incident or incidents of actual or threatened domestic violence, dating
<br />violence, sexual assault, stalking, or human trafficking may not be construed either as a serious
<br />or repeated lease violation by the victim or as good cause to terminate the assistance of the
<br />victim [see 24 CFR 5.2005(c)(1)].
<br />Third, it provides that criminal activity directly related to domestic violence, dating violence,
<br />sexual assault, stalking, or human trafficking may not be construed as cause for terminating the
<br />assistance of a tenant if a member of the tenant’s household, a guest, or another person under the
<br />tenant’s control is the one engaging in the criminal activity and the tenant or affiliated individual
<br />or other individual is the actual or threatened victim of the domestic violence, dating violence,
<br />sexual assault, stalking, or human trafficking [see 24 CFR 5.2005(c)(2)].
<br />Fourth, it gives PHAs the authority to terminate assistance to any tenant or lawful occupant who
<br />engages in criminal acts of physical violence against family members or others without
<br />terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)].
<br />PHAs and owners may not coerce, intimidate, threaten, interfere with, or retaliate against any
<br />person who exercises or assists or encourages a person to exercise any rights or protections under
<br />VAWA [FR Notice 1/4/23].
<br />EXHIBIT 1
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