October 13, 2017 · A.J. Johnson
One of the requirements of the HUD Final Rule on the Violence Against Women Act (VAWA) is that a copy of the Notice of Occupancy Rights, form HUD-5380, must be provided to applicants and residents. This form, along with the certification form HUD-5382 must be provided to existing households, applicants, and new move-ins/initial certifications no later than
each of the following times:
- For applicants -
- At the time the household is provided assistance or admission (i.e., move-in [MI] or initial certification [IC]); and
- At the time the applicant is denied assistance or admission.
- For existing households -
- Through December 15, 2017, at each household’s annual recertification [AR]; and
- With any notification of eviction or termination of assistance (but not with subsequent eviction or termination notices sent for the same infraction).
If households have already had their AR for 2017 and there were not provided with the forms, the owner/agent (OA) must provide the forms to those households through other means no later than December 15, 2017. A note or documentation must be made in those tenant files indicating when the forms were provided to the household. While not required, I recommend having the households sign an acknowledgement that the forms were received.
This requirement is applicable to the following programs:
- Project-based Section 8 programs under the United States Housing Act of 1937;
- New Construction
- State agency financed
- Substantial rehabilitation
- Section 202/8
- Rural Housing Services (RHS) Section 515/8
- Loan Management Set-Aside (LMSA)
- Property Disposition Set-Aside (PDSA)
- Section 202/162 Project Assistance Contract (PAC);
- Section 202 Project Rental Assistance Contract (PRAC);
- Section 202 Senior Preservation Rental Assistance Contracts (SPRAC);
- Section 811 PRAC;
- Section 811 Project Rental Assistance (PRA)
- Section 236 (including RAP); and
- Section 221(d)(3)/(d)(5) Below Market Interest Rate (BMIR)