Y-VAWA Notice of Occupancy Rights
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Page 1 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
City of Chandler Housing and Redevelopment Division
Notice of Occupancy Rights
Under the Violence Against Women Act (VAWA)
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 public housing and housing choice voucher 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 public housing or housing choice voucher, 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 public housing or housing choice voucher, 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 public housing or housing choice voucher 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 [PIH 2017-08]
The City of Chandler Housing and Redevelopment Division (COCHRD) 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 the COCHRD chooses to remove the abuser or perpetrator, COCHRD 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, COCHRD must allow the tenant who is or
Page 2 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
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.
PIH Notice 2017-08 states that the VAWA Final Rule at 24 CFR 5.2009(b) establishes a reasonable time to establish
eligibility under the covered housing program or find alternative housing following lease bifurcation in situations where
the individual who was evicted or whom assistance was terminated was the eligible tenant. This would only be an issue
for mixed families, where assistance is being provided to the perpetrator and the victim is a member of the household
who hasn’t contended eligible immigration status:
•
HUD clarified in the VAWA Final Rule that the 90-day time period does not apply to the HCV and Public Housing
programs.
•
Assistance is limited to 30 days if the remaining family member has not submitted documentation evidencing a
satisfactory immigration status or a pending appeal of a verification determination of the family member’s
immigration status.
In removing the abuser or perpetrator from the household, COCHRD must follow Federal, State, and local eviction
procedures. In order to divide a lease, COCHRD 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, COCHRD 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, COCHRD 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:
1. You are a victim of domestic violence, dating violence, sexual assault, or stalking. If COCHRD does
not already have documentation that you are a victim of domestic violence, dating violence, sexual
assault, or stalking, COCHRD may ask you for such documentation, as described in the documentation
section below.
2. You expressly request the emergency transfer. COCHRD may choose to require that you submit a
form, or may accept another written or oral request.
3. 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.
OR
You 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.
Page 3 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
COCHRD 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.
COCHRD’s emergency transfer plan provides further information on emergency transfers, and COCHRD 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
The COCHRD 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 COCHRD must be in
writing, and COCHRD 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. The COCHRD 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 COCHRD as documentation. It is your choice which of the following to
submit if the COCHRD 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, CERTIFICATION OF DOMESTIC VIOLENCE DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION”, form HUD 5382, given to you by
COCHRD 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 the COCHRD has agreed to accept.
If you fail or refuse to provide one of these documents within the 14 business days, the COCHRD does not have to
provide you with the protections contained in this notice.
If the COCHRD 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),
COCHRD 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,
the COCHRD does not have to provide you with the protections contained in this notice.
Page 4 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
Given the possible consequences to both the victim and the alleged perpetrator of domestic violence, dating violence,
sexual assault, or stalking, it is important that any allegations made by one individual against another are made with the
understanding that there are consequences if the allegations are false.
•
(In this regard, form HUD-5382 advises that the submission of false information may be a basis for denial of
admission, termination of assistance, or eviction.) (PIH Notice 2017-08)
Immigration Status/Self-Petitioner (PIH Notice 2017-02)
A “Self-Petitioner” is a category of battered noncitizens seeking legal permanent resident status without the
cooperation or knowledge of their abusive relative. A “VAWA Self-Petitioner” is a category of battered noncitizens
seeking VAWA-related relief and other VAWA-related petitions or applications for lawful permanent resident status.
PIH Notice 2017-02 explains the procedures that COCHRD must follow when an applicant or resident/tenant
requests admission or continued residency as a result of being a VAWA self-petitioner
A. In accordance with Section 214 of the Housing and Community Development Act of 1980, HUD may not
allow financial assistance to ineligible non-citizens, but assistance must not be denied while verifying
immigration status or appeal of a determination as to satisfactory immigration status is pending.
B. HUD has determined that self-petitioners can indicate that they are in “satisfactory immigration status”
when applying for assistance or continued assistance from Section 214covered housing providers.
“Satisfactory immigration status” means an immigration status which does not make the individual ineligible
for financial assistance. After verifying such immigration status in the Department of Homeland Security
(DHS) Systematic Alien Verification for Entitlements (SAVE) System, the COCHRD will make a final
determination as to the self-petitioner’s eligibility for assistance.
C. COCHRD will not deny, reduce, or terminate the assistance of a VAWA Self-Petitioner who claims
“satisfactory immigration status”. COCHRD will verify that the applicant or participant is a self-petitioner by
utilizing the SAVE system to verify immigration status.
D. All protections afforded under VAWA apply to the self-petitioner throughout the verification process.
E. Not every noncitizen victim who has been subjected to battery or extreme cruelty will qualify under these
procedures. In order to qualify, the noncitizen victim must have been battered or subjected to extreme
cruelty by their spouse or parent, who is a U.S. citizen or LPR. COCHRD may receive a petition at any time,
but submissions will most likely be related to a request for VAWA protections pursuant to 24 CFR Part 5
Subpart L (e.g. with a request for an emergency transfer or family breakup resulting from domestic violence,
dating violence, sexual assault, or stalking.
F. COCHRD will follow the steps outlined in PIH Notice 2017-02 to complete verification.
Confidentiality
The COCHRD 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 COCHRD must not allow any individual administering assistance or other services on behalf of COCHRD (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.
Page 5 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
The COCHRD must not enter your information into any shared database or disclose your information to any other
entity or individual. The COCHRD, however, may disclose the information provided if:
•
You give written permission to COCHRD to release the information on a time limited basis.
•
The COCHRD 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 COCHRD or your landlord to release the information.
VAWA does not limit COCHRD’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, COCHRD
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 COCHRD 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 COCHRD can demonstrate the above, COCHRD 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 COCHRD’s for violations of these rights and seek assistance, if needed, by contacting or filing a
complaint with Amy Jacobson, Housing and Redevelopment Manager or HUD’s Phoenix field office.
For Additional Information
You may view a copy of HUD’s final VAWA rule at gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf.
Additionally, COCHRD must make a copy of HUD’s VAWA regulations available to you if you ask to see them. For
questions regarding VAWA, please contact your housing specialist.
Page 6 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233
or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact 2-1-1 within Arizona or at
https://211arizona.org/domestic-violence/
For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of
Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center.
For help regarding sexual assault, you may contact 2-1-1 within Arizona or at 211arizona.org/domestic-violence.
Victims of stalking seeking help may contact 2-1-1 within Arizona or at 211arizona.org/domestic-violence.
NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT, FORM HUD-5380
The Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate
Documentation, Form HUD-5382
I have received a copy of the above-named HUD forms.
_________________________________________________________________
Physical Address
APPLICANT/TENANT PRINTED NAME:
APPLICANT/TENANT SIGNATURE:
DATE SIGNED:
Other Adult Household Member Signature
Date
Other Adult Household Member Signature
Date
Page 7 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
Other Adult Household Member Signature
Date
Page 8 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT HUD-5380: Housing Rights for
Victims U.S. Department of Housing and Urban Development OMB Approval No. 2577-0286 Expires 1/31/2028
Page 1 of 5 Form HUD-5380
Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault or Stalking
When should I receive this form? A covered housing provider must provide a copy of the Notice of Occupancy
Rights Under The Violence Against Women Act (Form HUD-5380) and the Certification of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking (Form HUD-5382) when you are admitted as a tenant, when you receive an
eviction or termination notice and prior to termination of tenancy, or when you are denied as an applicant. A
covered housing provider may provide these forms at additional times.
What is the Violence Against Women Act (“VAWA”)? This notice describes protections that may apply to you as
an applicant or a tenant under a housing program covered by a federal law called the Violence Against Women Act
(“VAWA”). VAWA provides housing protections for victims of domestic violence, dating violence, sexual assault or
stalking. VAWA protections must be in leases and other program documents, as applicable. VAWA protections may
be raised at any time. You do not need to know the type or name of the program you are participating in or
applying to in order to seek VAWA protections.
What if I require this information in a language other than English? To read this information in Spanish or
another language, please contact City of Chandler Housing Authority 480-782-3200 or go to
https://affordablehousing.chandleraz.gov/. You can read translated VAWA forms at
https://www.hud.gov/program_offices/administration/hudclips/forms/hud5a#4 . If you speak or read in a language
other than English, your covered housing provider must give you language assistance regarding your VAWA
protections (for example, oral interpretation and/or written translation).
What do the words in this notice mean?
o VAWA violence/abuse means one or more incidents of domestic violence, dating violence, sexual assault, or stalking.
o Victim means any victim of VAWA violence/abuse, regardless of actual or perceived sexual orientation, gender identity, sex, or
marital status.
o Affiliated person means the tenant’s spouse, parent, sibling, or child; or any individual, tenant, or lawful occupant living in the
tenant’s household; or anyone for whom the tenant acts as parent/guardian.
o Covered housing program1 includes the following HUD programs:
o Public Housing
o Tenant-based vouchers (TBV, also known as Housing Choice Vouchers or HCV) and Project-based Vouchers (PBV) Section
8 programs
o Section 8 Project-Based Rental Assistance (PBRA)
o Section 8 Moderate Rehabilitation Single Room Occupancy
o Section 202 Supportive Housing for the Elderly
o Section 811 Supportive Housing for Persons with Disabilities
o Section 221(d)(3)/(d)(5) Multifamily Rental Housing
o Section 236 Multifamily Rental Housing
o Housing Opportunities for Persons With AIDS (HOPWA) program
o HOME Investment Partnerships (HOME) program
o The Housing Trust Fund
o Emergency Solutions Grants (ESG) program
o Continuum of Care program
o Rural Housing Stability Assistance program
o Covered housing provider means the individual or entity under a covered housing program that is responsible for providing or
overseeing the VAWA protection in a specific situation. The covered housing provider may be a public housing agency, project
sponsor, housing owner, mortgagor, housing manager, State or local government, public agency, or a nonprofit or for-profit
organization as the lessor.
Page 9 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
. NOTICE OF OCCUPANCY RIGHTS UNDER THE
VIOLENCE AGAINST WOMEN ACT HUD-5380: Rights
for Survivors
U.S. Department of Housing and Urban Development
OMB Approval No. 2577-0286 Expires 1/31/2028 Page
2 of 5 Form HUD-5380
What if I am an applicant under a program covered by VAWA? You can’t be denied housing, housing assistance,
or homeless assistance covered by VAWA just because you (or a household member) are or were a victim or just
because of problems you (or a household member) had as a direct result of being or having been a victim. For
example, if you have a poor rental or credit history or a criminal record, and that history or record is the direct
result of you being a victim of VAWA abuse/violence, that history or record cannot be used as a reason to deny you
housing or homeless assistance covered by VAWA.
What if I am a tenant under a program covered by VAWA? You cannot lose housing, housing assistance, or
homeless assistance covered by VAWA or be evicted just because you (or a household member) are or were a victim
of VAWA violence/abuse. You also cannot lose housing, housing assistance, or homeless assistance covered by
VAWA or be evicted just because of problems that you (or a household member) have as a direct result of being or
having been a victim. For example, if you are a victim of VAWA abuse/violence that directly results in repeated noise
complaints and damage to the property, neither the noise complaints nor property damage can be used as a
reason for evicting you from housing covered by VAWA. You also cannot be evicted or removed from housing,
housing assistance, or homeless assistance covered by VAWA because of someone else’s criminal actions that are
directly related to VAWA abuse/violence against you, a household member, or another affiliated person.
How can tenants request an emergency transfer? Victims of VAWA violence/abuse have the right to request an
emergency transfer from their current unit to another unit for safety reasons related to the VAWA violence/abuse.
An emergency transfer cannot be guaranteed, but you can request an emergency transfer when:
1. You (or a household member) are a victim of VAWA violence/abuse;
2.You expressly request the emergency transfer; AND
3.EITHER
a. you reasonably believe that there is a threat of imminent harm from further violence, including trauma, if you (or a
household member) stay in the same dwelling unit; OR
b. if you (or a household member) are a victim of sexual assault, either you reasonably believe that there is a threat of
imminent harm from further violence, including trauma, if you (or a household member) were to stay in the unit, or the sexual
assault occurred on the premises and you request an emergency transfer within 90 days (including holidays and weekend days)
of when that assault occurred.
You can request an emergency transfer even if you are not lease compliant, for example if you owe rent. If you request an
emergency transfer, your request, the information you provided to make the request, and your new unit’s location must be kept
strictly confidential by the covered housing provider. The covered housing provider is required to maintain a VAWA emergency
transfer plan and make it available to you upon request.
To request an emergency transfer or to read the covered housing provider’s VAWA emergency transfer plan,
The VAWA emergency transfer plan includes information about what the covered housing provider does to make sure your
address and other relevant information are not disclosed to your perpetrator.
Can the perpetrator be evicted or removed from my lease? Depending on your specific situation, your covered housing
provider may be able to divide the lease to evict just the perpetrator. This is called “lease bifurcation.”
What happens if the lease bifurcation ends up removing the perpetrator who was the only tenant who qualified for the
housing or assistance? In this situation, the covered housing provider must provide you and other remaining household
members an opportunity to establish eligibility or to find other housing. If you cannot or don’t want to establish eligibility, then
the covered housing provider must give you a reasonable time to move or establish eligibility for another covered housing
program. This amount of time varies, depending on the covered housing program involved. The table below shows the
reasonable time provided under each covered housing programs with HUD. Timeframes for covered housing programs
operated by other agencies are determined by those agencies.
Page 10 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
What happens if the lease bifurcation ends up
removing the perpetrator who was the only
tenant who qualified for the housing or
assistance? In this situation, the covered housing
provider must provide you and other remaining
household members an opportunity to establish
eligibility or to find other housing. If you cannot or
don’t want to establish eligibility, then the covered
housing provider must give you a reasonable time
to move or establish eligibility for another covered
housing program. This amount of time varies,
depending on the covered housing program
involved. The table below shows the reasonable
time provided under each covered housing
programs with HUD. Timeframes for covered
housing programs operated by other agencies are
determined by those agencies. NOTICE OF
OCCUPANCY RIGHTS UNDER THE VIOLENCE
AGAINST WOMEN ACT HUD-5380: Rights for
Survivors U.S. Department of Housing and Urban
Development OMB Approval No. 2577-0286 Expires
1/31/2028 Page 3 of 5 Form HUD-5380 Covered
Housing Program(s)
Reasonable Time for Remaining Household
Members to Continue to Receive Assistance,
Establish Eligibility, or Move.
HOME and Housing Trust Fund, Continuum of Care
Program (except for permanent supportive
housing), ESG program, Section 221(d)(3) Program,
Section 221(d)(5) Program, Rural Housing Stability
Assistance Program
Because these programs do not provide housing or
assistance based on just one person’s status or
characteristics, the remaining tenant(s), or family
member(s) in the CoC program, can keep receiving
assistance or living in the assisted housing as
applicable.
Permanent supportive housing funded by the
Continuum of Care Program
The remaining household member(s) can receive
rental assistance until expiration of the lease that
is in effect when the qualifying member is evicted.
Housing Choice Voucher, Project-based Voucher,
and Public Housing programs (for Special Purpose
Vouchers (e.g., HUD-VASH, FUP, FYI, etc.), see also
program specific guidance)
If the person removed was the only tenant who
established eligible citizenship/immigration
status, the remaining household member(s) must
be given 30 calendar days from the date of the
lease bifurcation to establish program eligibility or
find alternative housing.
For HUD-VASH, if the veteran is removed, the
remaining family member(s) can keep receiving
assistance or living in the assisted housing as
applicable. If the veteran was the only tenant who
established eligible citizenship/immigration
status, the remaining household member(s) must
be given 30 calendar days to establish program
eligibility or find alternative housing.
Section 202/811 PRAC and SPRAC
The remaining household member(s) must be
given 90 calendar days from the date of the lease
Page 11 of 11
Revised 7/1/2025
Pages 1-4 are part of Form HUD-5380 and Pages 6-7 are part of Form HUD-5382
1 For information about non-HUD covered housing programs under VAWA, see Interagency Statement on the Violence Against
Women Act’s Housing Provisions at https://www.hud.gov/sites/dfiles/PA/documents/InteragencyVAWAHousingStmnt092024.pdf
bifurcation or until the lease expires, whichever is
first, to establish program eligibility or find
alternative housing.
Section 202/8
The remaining household member(s) must be
given 90 calendar days from the date of the lease
bifurcation or when the lease expires, whichever is
first, to establish program eligibility or find
alternative housing.
If the person removed was the only tenant who
established eligible citizenship/immigration
status, the remaining household member(s) must
be given 30 calendar days from the date of the
lease bifurcation to establish program eligibility or
find alternative housing.
Section 236 (including RAP); Project-based Section
8 and Mod Rehab/SRO
The remaining household member(s) must be
given 30 calendar days from the date of the lease
bifurcation to establish program eligibility or find
alternative housing.
HOPWA
The remaining household member(s) must be
given no less than 90 calendar days, and not more
than one year, from the date of the lease
bifurcation to establish program eligibility or find
alternative housing. The date is set by the HOPWA
Grantee or Project Sponsor.