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Administrative Plan 7/1/2025 Page 16-71
<br />c. Nothing in VAWA limits an owner from evicting a tenant (including the victim of domestic
<br />violence, dating violence, sexual assault, stalking, or human trafficking) if the owner can demonstrate
<br />an actual and imminent threat to other tenants or those employed at or providing services to the HCV
<br />property would be present if the tenant or lawful occupant is not evicted. (See 24 CFR 5.2005(d)(3).)
<br />i. In this context, words, gestures, actions, or other indicators will be considered an “actual and
<br />imminent threat” if they meet the following standards: An actual and imminent threat consists of a
<br />physical danger that is real, would occur within an immediate time frame, and could result in death or
<br />serious bodily harm. In determining whether an individual would pose an actual and imminent
<br />threat, the factors to be considered include: the duration of the risk, the nature and severity of the
<br />potential harm, the likelihood that the potential harm will occur, and the length of time before the
<br />potential harm would occur. (See 24 CFR 5.2003.)
<br />ii. Any eviction due to “actual and imminent threat” should be utilized by an owner only when there
<br />are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to,
<br />transferring the victim to a different unit, barring the perpetrator from the property, contacting law
<br />enforcement to increase police presence or develop other plans to keep the property safe, or se eking
<br />other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on
<br />public safety cannot be based on stereotypes, but must be tailored to particularized concerns about
<br />individual residents. (See 24 CFR 5.2005(d)(4).)
<br />Documentation of Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human
<br />Trafficking
<br />If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence,
<br />dating violence, sexual assault, stalking, or human trafficking, the owner has the option to request
<br />that the victim document or provide written evidence to demonstrate that the violence occurred.
<br />However, nothing in HUD’s regulation requires a covered housing provider to request this
<br />documentation. (See 24 CFR 5.2007(b)(3).)
<br />If the owner chooses to request this documentation, the owner must make such request in writing.
<br />The individual may satisfy this request by providing any one document type listed under 24 CFR
<br />5.2007(b)(1):
<br />a. Form HUD-55383 (Self-Certification Form); or
<br />b. A document: 1) Signed by an employee, agent, or volunteer of a victim service provider, an
<br />attorney, or medical professional or a mental health professional (collectively, “professional”) from
<br />whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault,
<br />stalking, or human trafficking, or the effects of abuse:
<br />2) Signed by the applicant or tenant; and
<br />3) That specifies, under penalty of perjury, that the professional believes in the occurrence of the
<br />incident of domestic violence, dating violence, sexual assault, stalking, or human trafficking that is
<br />the ground for protection and remedies under 24 CFR part 5, subpart L, and that the incident meets
<br />the applicable definition of domestic violence , dating violence, sexual assault, stalking, or human
<br />trafficking under 24 CFR 5.2003; or
<br />c. A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
<br />administrative agency; or
<br />d. At the discretion of a covered housing provider, a statement or other evidence provided by the
<br />applicant or tenant.
<br />EXHIBIT 1
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