Notice of Occupancy Rights

Form HUD-5380 (12/2016) — U.S. Department of Housing and Urban Development — OMB Approval No. 2577-0286

The Housing Authority of the County of Merced

Notice of Occupancy Rights under the Violence Against Women Act

To all Tenants and Applicants

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 that Section 8 Housing Choice Voucher, Project Based Voucher and Low Income Public Housing is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.

Protections for Applicants

If you otherwise qualify for assistance under Section 8 Housing Choice Voucher, Project Based Voucher and Low Income Public Housing, 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 Section 8 Housing Choice Voucher, Project Based Voucher and Low Income Public Housing, you may not be denied assistance, terminated from participation, or be 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 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 Section 8 Housing Choice Voucher, Project Based Voucher and Low Income Public Housing, solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking.

Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household.

Removing the Abuser or Perpetrator from the Household

The Housing Authority may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking.

If Housing Authority chooses to remove the abuser or perpetrator, HACM may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, the Housing Authority must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing.

In removing the abuser or perpetrator from the household, the Housing Authority must follow Federal, State, and local eviction procedures. In order to divide a lease, the Housing Authority may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request, the Housing Authority may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, HACM may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:

The Housing Authority will keep confidential requests for emergency transfers by victims. The Housing Authority’s emergency transfer plan provides further information on emergency transfers.

Documentation

The Housing Authority can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim. Such request must be in writing, and the Housing Authority must give you at least 14 business days. You can provide one of the following:

• A complete HUD-approved certification form
• A record of a law enforcement agency, court, or administrative agency
• A statement signed by you and a professional
• Any other statement or evidence that HACM has agreed to accept

If you fail to provide documentation within the 14 business days, the Housing Authority may, but is not required to, provide you with an extension of the time period. If the documentation is not provided within the required timeframe, the Housing Authority does not have to provide you with the VAWA protections; however, the Housing Authority also does not have to deny you the protections based solely on your failure to provide documentation.

If the Housing Authority receives conflicting evidence that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, the Housing Authority may require third-party documentation.

Confidentiality

The Housing Authority must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA.

The Housing Authority must not allow any individual administering assistance or other services on behalf of the Housing Authority to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law.

The Housing Authority must not enter your information into any shared database or disclose your information to any other entity or individual. The exceptions to this confidentiality requirement include the following:

• You give written permission to the Housing Authority to release the information
• The information is required for use in an eviction proceeding or hearing regarding termination of assistance
• The law otherwise requires disclosure

Reasons a Tenant May Be Evicted or Assistance Terminated

You can be evicted for serious or repeated lease violations not related to domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply if the Housing Authority can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to property of the Housing Authority if that tenant is not evicted or terminated from assistance. The threat must be a real physical danger that:

1. Would occur within an immediate time frame, and
2. Could result in death or serious bodily harm

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws.

Non-Compliance

You may report a covered housing provider’s violations of these rights and seek additional assistance by contacting HUD’s San Francisco Local Office at 415-489-6401 or CA_Webmanager@hud.gov.

For Additional Information

Please refer to the VAWA Final Rule published on November 16, 2016, at 81 Fed. Reg. 80724. For questions regarding VAWA, please contact the Housing Authority at (209) 722-3501 ext. 109 or 165.