Housing Provisions of VAWA and SB 919

1. Housing Provisions of VAWA and SB 919 North Penn Legal Services Fair Housing Summit 2019 McKenzie Clark Esq., Legal Services Manager Danni Petyo, Esq., CLR Attorney

2. Objectives At the end of this training, you will be able to: • Understand VAWA, and it’s housing provisions. • Understand SB 919 and its similarities to VAWA. • Advocate and Collaborate with PHAs on behalf of survivors.

3. VAWA and Housing Provisions

4. The Violence Against Women Act of 1994 • Funding for Domestic Violence • Protection from Abuse • Immigration • Housing

5. Why are we talking about this now?!

6. What types of housing does VAWA 2013 cover? HUD Programs Rural Development Low-Income Housing Tax Credit Program (LIHTC)

7. Coverage – VAWA 2013: 24 CFR 5.2003

8. Victim and “affiliated individual” • (immediate family or household member) • Documentation of victim status • HUD-5382, 24 CFR 5.2007, and • SB 919

9. Exclusion PRIVATE HOUSING

10. Central Provision 1: Discrimination Prohibited Applicant may not be denied admission, and tenant an affiliated individuals may not be evicted or have subsidy terminated on the basis of as a direct result of survivor status. 24 CFR 5.2005(b)(1) Exception: Actual and Imminent Threat

11. Adverse Factors

12. Central Provision 2: Emergency Transfers Right to internal transfer to another unit that is safe and available. PHA must make policy for assistance when one is not available (Emergency Transfer Plan). This plan must also address assistance for tenant desiring external transfer, which is not assured.

13. Other Key Provisions

14. SB 919 and Similarities to VAWA

15. Senate Bill 919 • Passed in December 2018. • Covers public housing. • Provides many of the same protections of VAWA 2013, including the ability of a tenant to relocate.

16. Coverage – Senate Bill 919

17. Relocation – SB 919 A tenant who is a victim of domestic or sexual violence may request a relocation if the tenant expressly requests an emergency transfer and: • The tenant or an affiliated individual experienced domestic or sexual violence on or near the premises within (90) ninety calendar days of the request; or • The tenant reasonably believes that the tenant or an affiliated individual is threatened with imminent harm of domestic or sexual violence if they remain on the premises.

18. Advocate and Collaborate with PHAs

19. Systems Advocacy • Annual and 5 year planning process • PHAs are required to describe services for domestic violence, sexual assault, stalking, and dating violence. 24 CFR 903.6(a)(3), 903.7(m)(5). • One on ones with PHA staff. • Provide training and materials for PHA staff. • Attend Board of Commissioner meetings.

20. Systems Advocacy Topic Ideas: • HUD encourages a DV preference. 24 CFR 960.206(b)(4), 982.(b)(4), Notice PIH-2017-08 Secs. 12.3, 15, 19 • HUD encourages providers to bear moving costs. • HUD encourages MOUs between providers for emergency transfers. Notice PIH-2017-08 sec. 15. • Providers encouraged to waive written request requirements with exigent circumstances. • Priority of emergency domestic violence transfers • PHA obligations under Senate Bill 919. • The connection of VAWA 2013 and Senate Bill 919 in PA.

21. Questions?

22. PCADV Legal Department McKenzie Clark, Esq., Legal Services Manager x134 mclark@pcadv.org Danni Petyo, Esq., CLR Attorney x162 dpetyo@pcadv.org Denise Lynch, Esq., VOCA Attorney x136 dlynch@pcadv.org 3606 Vartan Way Suite 101 Harrisburg, PA 17110 1-717-545-6400 1-833-PA-SAFE-LAW www.pcadv.org