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Administrative Plan 7/1/2025 Page 16-70 <br />EXHIBIT 16-5: MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS <br />[Insert Name of Housing Provider] <br />NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS <br />UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) <br />VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV applicants, <br />tenants, and participants from being denied assistance on the basis or as a direct result of being a <br />victim of domestic violence, dating violence, sexual assault, stalking and human trafficking. <br />Purpose <br />Many of VAWA’s protections to victims of domestic violence, dating violence, sexual assault <br />stalking, and human trafficking involve action by the public housing agency (PHA), but some <br />situations involve action by owners of assisted housing. The purpose of this notice (herein called <br />“Notice”) is to explain your rights and obligations under VAWA, as an owner of housing assisted <br />through [insert name of housing provider] HCV program. Each component of this Notice also <br />provides citations to HUD’s applicable regulations. <br />Denial of Tenancy <br />Protections for applicants: Owners cannot deny tenancy based on the applicant having been or <br />currently being a victim of domestic violence, dating violence, sexual assault, stalking, or human <br />trafficking. However, the applicant must be otherwise eligible for tenancy. (See 24 Code of Federal <br />Regulations (CFR) 982.452(b)(1).) <br />Eviction <br />Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual <br />assault, stalking, or human trafficking will not be considered a serious or repeated lease violation by <br />the victim, or good cause to terminate the tenancy of the victim (see 24 CFR 5.2005(c)). Protection <br />also applies to criminal activity related directly to domestic violence, dating violence, sexual assault, <br />stalking, or human trafficking, conducted by a member of a tenant’s household or any guest or other <br />person under the tenant’s control, if the tenant or an affiliated individual of the tenant is the victim or <br />threatened victim of such domestic violence, dating violence, sexual assault, stalking, or human <br />trafficking (24 CFR 5.2005(b)(2)). <br />Limitations of VAWA protections: <br />a. Nothing in VAWA limits the authority of an owner, when notified of a court order, to comply with <br />a court order with respect to (24 CFR 5.2005(d)(1)): <br />1) The rights of access or control of property, including civil protection orders issued to protect a <br />victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking; or <br />2) The distribution or possession of property among members of a household in a case. <br />b. Nothing in VAWA limits an owner from evicting a victim of domestic violence, dating violence, <br />sexual assault, stalking, or human trafficking for a lease violation that is not premised on an act of <br />domestic violence, dating violence, sexual assault, stalking, or human trafficking, as long as the <br />owner does not subject the victim to more demanding standards than other tenants when deciding <br />whether to evict. (See 24 CFR 5.2005(d)(2).) <br />EXHIBIT 1