--- kind: "section" citation: "24 C.F.R. § 93.356" title: "24" number: "93.356" heading: "VAWA requirements." url: "https://uscodex.org/cfr/24/93.356" --- # §93.356. VAWA requirements. - (a) **General.** - (1) The Violence Against Women Act (VAWA) requirements set forth in [24 CFR part 5](/cfr/24/part5.md), [subpart L](/cfr/24/subpartL.md), apply to all rental housing assisted with HTF funds, as provided in this section. - (2) For the HTF program, the “covered housing provider,” as this term is used in HUD's regulations in [24 CFR part 5](/cfr/24/part5.md), [subpart L](/cfr/24/subpartL.md), refers to: - (i) The owner of HTF-assisted rental housing for the purposes of 24 CFR [5.2005(d)(1)](/cfr/24/5.2005.md?p=d-1), [(2)](/cfr/24/5.2005.md?p=d-2), [(3)](/cfr/24/5.2005.md?p=d-3), and [(4)](/cfr/24/5.2005.md?p=d-4) and [5.2009(a)](/cfr/24/5.2009.md?p=a); and - (ii) The owner and the grantee for purposes of 24 CFR [5.2005(e)](/cfr/24/5.2005.md?p=e) and [5.2007](/cfr/24/5.2007.md), except as otherwise provided in [paragraph (f)](#f) of this section. - (b) **Notification requirements.** The grantee must provide a notice and certification form that meet the requirements of [24 CFR 5.2005(a)](/cfr/24/5.2005.md?p=a) to the owner of HTF-assisted rental housing. The owner of HTF-assisted rental housing must provide the notice and certification form described in [24 CFR 5.2005(a)](/cfr/24/5.2005.md?p=a) to the applicant for a HTF-assisted unit at the time the applicant is admitted to an HTF-assisted unit, or denied admission to a HTF-assisted unit based on the owner's tenant selection policies and criteria. The owner of HTF-assisted rental housing must also provide the notice and certification form described in [24 CFR 5.2005](/cfr/24/5.2005.md) with any notification of eviction from a HTF-assisted unit. - (c) **Bifurcation of lease requirements.** For purposes of this part, the requirements of [24 CFR 5.2009(b)](/cfr/24/5.2009.md?p=b) do not apply. If a family who lives in a HTF-assisted rental unit separates under [24 CFR 5.2009(a)](/cfr/24/5.2009.md?p=a), the remaining tenant(s) may remain in the HTF-assisted unit. - (d) **VAWA lease term/addendum.** The grantee must develop a VAWA lease term/addendum to incorporate all requirements that apply to the owner or lease of HTF-assisted rental housing under [24 CFR part 5](/cfr/24/part5.md), [subpart L](/cfr/24/subpartL.md), and this section, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR [5.2005(b)](/cfr/24/5.2005.md?p=b) and [(c)](/cfr/24/5.2005.md?p=c). This VAWA lease term/addendum must also provide that the tenant may terminate the lease without penalty if the grantee determines that the tenant has met the conditions for an emergency transfer under [24 CFR 5.2005(e)](/cfr/24/5.2005.md?p=e). - (e) **Period of applicability.** The requirements of this section shall apply to the owner of the HTF-assisted rental housing for the duration of the affordability period. - (f) **Emergency transfer plan.** The grantee must develop and implement an emergency transfer plan and must make the determination of whether a tenant qualifies for an emergency transfer under the plan. The plan must meet the requirements in [24 CFR 5.2005(e)](/cfr/24/5.2005.md?p=e), where, for the purposes of [§ 5.2005(e)(7)](/cfr/24/5.2005.md?p=e-7), the required policies must specify that for tenants who qualify for an emergency transfer and who wish to make an external emergency transfer when a safe unit is not immediately available, the grantee must provide a list of properties in the jurisdiction that include HTF-assisted units. The list must include the following information for each property: The property's address, contact information, the unit sizes (number of bedrooms) for the HTF-assisted units, and, to the extent known, any tenant preferences or eligibility restrictions for the HTF-assisted units. In addition, the grantee may: - (1) Establish a preference under the grantee's HTF program for tenants who qualify for emergency transfers under [24 CFR 5.2005(e)](/cfr/24/5.2005.md?p=e); and - (2) Coordinate with victim service providers and advocates to develop the emergency transfer plan, make referrals, and facilitate emergency transfers to safe and available units. ## Notes ### Amendments [81 FR 80805, Nov. 16, 2016] ### Authority Authority: 42 U.S.C. 3535(d), 12 U.S.C. 4568. ### Source Source: 80 FR 5220, Jan. 30, 2015, unless otherwise noted. ### Amendments [81 FR 80805, Nov. 16, 2016]