The HUD notice of occupancy rights under VAWA and the certification form must be given at denial, at admission, with any eviction or termination notice, and at recertification or lease renewal
pbra.vawa.notice_of_occupancy_rights_and_certification_form · v1.0.0
A covered housing provider must give each applicant and each tenant HUD's Notice of Occupancy Rights under the Violence Against Women Act, which explains the VAWA protections including the right to confidentiality and any limitations on those protections, together with a HUD-approved certification form on which a victim may document an incident. The notice and the form must be provided no later than at each of four points: when the applicant is denied assistance or admission; when the individual is provided assistance or admission; with any notification of eviction or notification of termination of assistance; and, in the twelve months following 16 December 2016, during the annual recertification or lease renewal process or, where there would be none in that first year, through other means. Both must be made available in multiple languages consistent with HUD's limited-English-proficiency guidance. For renewed funding or leases of project-based Section 8 under parts 880, 882, 883, 884 and 886, the HUD-required lease or lease addendum must itself describe the specific VAWA protections. HUD Handbook 4350.3 adds the file and delivery practice the regulation does not state. VAWA policies and procedures must be written into the property's tenant selection plan, and into the house rules where there are any. A certification form enclosed with a termination or eviction notice must direct the family to complete, sign and return it within FOURTEEN BUSINESS DAYS, a period the owner may extend at its discretion. The owner may not demand official documentation or physical proof of victim status as a condition of the protections. Because posting the form may itself put the victim at risk if the abuser monitors the mail, the owner is expected to arrange discreet delivery. And all documentation relating to the abuse must be kept in a SEPARATE FILE in a separate secure location from the other tenant files -- not in the tenant file.
- Confidence
- high
- Effective from
- 2016-12-16
- Consequence model
- agency finding with cure
- Last reviewed
- 2026-09-02
Evidence required
- VAWA notice of occupancy rights (HUD-5380) and certification form (HUD-5382)(one_per_household_member)
- HUD model lease and Section 8 addendum(exactly_one)
Citations
All sources verified within 1 day- Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking24 CFR 5.2005(a)(1)
- Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking24 CFR 5.2005(a)(2)
- Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking24 CFR 5.2005(a)(4)
- Section 8 Housing Assistance Payments Program for New Construction24 CFR 880.607(c)(5)
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selectionpara. 4-4.C.9, VAWA policies belong in the tenant selection plan (Section 8 only)
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selectionpara. 4-4.C.9(b)(1), when the certification is offered and the 14-business-day window
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selectionpara. 4-4.C.9(b)(3), no proof may be demanded
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selectionpara. 4-4.C.9(b)(4), discreet delivery of the certification form
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selectionpara. 4-4.C.9(d), where the documentation is filed