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.3 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that the Low Income Housing Tax Credit program, HOME Investment Partnerships (HOME) program, and the Project Based Section 8 Program are 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.”

PROTECTION FOR APPLICANTS

If you otherwise qualify for assistance under the Low Income Housing Tax Credit program, HOME Investment Partnerships (HOME) program, and the Project Based Section 8 Program 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.

PROTECTION FOR TENANTS

If you are receiving assistance under the Low Income Housing Tax Credit program, HOME Investment Partnerships (HOME) program, and the Project Based Section 8 Program, 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 the Low Income Housing Tax Credit program, HOME Investment Partnerships (HOME) program, and the Project Based Section 8 Program 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

East Bay Asian Local Development Corporation 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 East Bay Asian Local Development Corporation chooses to remove the abuser or perpetrator, East Bay Asian Local Development Corporation 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, East Bay Asian Local Development Corporation 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, East Bay Asian Local Development Corporation must follow Federal, State, and local eviction procedures.  In order to divide a lease, East Bay Asian Local Development Corporation 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, EAST BAY East Bay Asian Local Development Corporation 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, East Bay Asian Local Development Corporation 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:

  • You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below.
  • You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request.
  • You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future.ORYou are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar day period before you expressly request the transfer.

East Bay Asian Local Development Corporation will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families.

East Bay Asian Local Development Corporation’s emergency transfer plan provides further information on emergency transfers, and East Bay Asian Local Development Corporation must make a copy of its emergency transfer plan available to you if you ask to see it.

DOCUMENTING YOU ARE OR HAVE BEEN A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT or STALKING

East Bay Asian Local Development Corporation can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from East Bay Asian Local Development Corporation must be in writing, and East Bay Asian Local Development Corporation must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. East Bay Asian Local Development Corporation may, but does not have to, extend the deadline for the submission of documentation upon your request.

You can provide one of the following to East Bay Asian Local Development Corporation as documentation. It is your choice which of the following to submit if East Bay Asian Local Development Corporation asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

  • A complete HUD-approved certification form given to you by East Bay Asian Local Development Corporation with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide.
  • A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others.
  • A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection.
  • Any other statement or evidence that East Bay Asian Local Development Corporation has agreed to accept.

If you fail or refuse to provide one of these documents within the 14 business days, East Bay Asian Local Development Corporation does not have to provide you with the protections contained in this notice.

If East Bay Asian Local Development Corporation receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), East Bay Asian Local Development Corporation has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is
conflicting evidence, East Bay Asian Local Development Corporation does not have to provide you with the protections contained in this notice.

CONFIDENTIALITY

East Bay Asian Local Development Corporation 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.

East Bay Asian Local Development Corporation must not allow any individual administering assistance or other services on behalf of East Bay Asian Local Development Corporation (for example, employees and contractors) 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.

East Bay Asian Local Development Corporation must not enter your information into any shared database or disclose your information to any other entity or individual. East Bay Asian Local Development Corporation, however, may disclose the information provided if:

  • You give written permission to East Bay Asian Local Development Corporation to release the information on a time limited basis.
  • East Bay Asian Local Development Corporation needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program.
  • A law requires East Bay Asian Local Development Corporation or your landlord to release the information.

VAWA does not limit East Bay Asian Local Development Corporation’s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up.

REASONS A TENANT ELIGIBLE FOR OCCUPANCY RIGHTS UNDER VAWA MAY BE EVICTED OR ASSISTANCE MAY BE TERMINATED

You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, East Bay Asian Local Development Corporation cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking.

The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if East Bay Asian Local Development Corporation can demonstrate that not evicting you or terminating your assistance would present a real physical danger that:

  1. Would occur within an immediate time frame, and
  2. Could result in death or serious bodily harm to other tenants or those who work on the property.

If East Bay Asian Local Development Corporation can demonstrate the above, East Bay Asian Local Development Corporation should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.

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 WITH THE REQUIREMENTS OF THIS NOTICE

You may report a covered housing provider’s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint HUD’s San Francisco Regional Office located at
One Sansome Street, Suite 1200, San Francisco, CA 94104 and 415.489.6400.

FOR ADDITIONAL INFORMATION
You may view a copy of HUD’s final VAWA rule at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf.
Additionally, East Bay Asian Local Development Corporation must make a copy of HUD’s VAWA regulations available to you if you ask to see them.

For questions regarding VAWA, please contact
Section 504 Coordinator
East Bay Asian Local Development Corporation
1825 Oakland Suite 200
Oakland, CA 94607
Telephone 510.287.5353

Certification form HUD-5382

Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation and Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.