BMIR is a VAWA covered housing program named in its own right at 24 CFR 5.2003

bmir.vawa.covered_housing_program_notice_and_emergency_transfer_plan · v1.0.0

Multifamily rental housing under section 221(d)(3) of the National Housing Act with a below-market interest rate pursuant to section 221(d)(5) is a covered housing program under 24 CFR part 5 subpart L, named in its own right in the definition of covered housing program. The owner is therefore a covered housing provider and must give each applicant and each tenant a Notice of Occupancy Rights under the Violence Against Women Act in the form and in accordance with directions prescribed by HUD, explaining the VAWA protections including the right to confidentiality and any limitations on them, together with a HUD-approved certification form on which a victim may document an incident. The notice and form must be provided no later than at the time an applicant is denied assistance or admission, at the time an individual is provided assistance or admission, and with any notification of eviction or notification of termination of assistance, and must be made available in multiple languages consistent with HUD's limited-English-proficiency guidance. The owner must adopt an emergency transfer plan meeting the requirements of 24 CFR 5.2005(e), including the priority given to VAWA transfers relative to other transfers and waiting list placements, strict confidentiality measures preventing disclosure of the tenant's unit location to the person who committed or threatened the violence, provision for an internal emergency transfer when a safe unit is immediately available, policies for assisting a tenant when one is not, and reasonable efforts to assist a tenant seeking an external transfer. A tenant's written request certifying that the criteria are met is sufficient documentation of eligibility for the transfer and no other documentation may be required beyond documentation of the underlying incident under 24 CFR 5.2007. The plan must be available on request and, when feasible, publicly available; the owner must keep a record of all emergency transfers requested and their outcomes for three years and must report requests and outcomes to HUD annually.

Confidence

high

Effective from

2016-12-16

Consequence model

agency finding with cure

Last reviewed

2026-08-30