Public Policies

Federal laws and policies have a significant impact on survivors' access to housing, and address topics including housing discrimination, emergency transfers, public housing, homelessness prevention, and more. This page provides links to the Violence Against Women Act, McKinney-Vento Homeless Assistance Act, the HEARTH Act, and other relevant provisions in the law.

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Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act

On May 20, 2009, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act was signed into law. The HEARTH Act consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program. The HEARTH Act also codifies into law the Continuum of Care planning process, a longstanding part of HUD’s application process to assist homeless persons by providing greater coordination in responding to their needs.

The HEARTH Act made numerous changes to HUD's homeless assistance programs:

  • Homelessness prevention was significantly expanded.
  • New incentives were put in place to emphasize rapid re-housing, especially for homeless families.
  • The existing emphasis on creating permanent supportive housing for people experiencing chronic homelessness was continued, although families could also be considered chronically homeless.
  • Rural communities gained the option of applying under a different set of guidelines that offer more flexibility and more assistance with capacity building.

Read the general definition of “homeless individual” under the McKinney-Vento HEARTH Act here.

HUD Final Rule - Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs

2016
U.S. Department of Housing and Urban Development

This final HUD regulation implements the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA), which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. Specifically, this rule amends HUD’s generally applicable regulations, HUD’s regulations for the public housing and Section 8 programs that already pertain to VAWA, and the regulations of programs newly covered by VAWA 2013. The effective date of the Final Rule is December 16, 2016. Compliance with the rule with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements, is required no later than May 15, 2017. Note that the Appendix to the rule includes key forms, a model emergency transfer plan, and a notice of occupancy rights under VAWA.

HUD Interim Rule - CoC Program Interim Rule Amendment to §578.51(c): Increasing Mobility Options for Homeless Individuals and Families with Tenant-Based Rental Assistance

2016
U.S. Department of Housing and Urban Development

On July 31, 2012, HUD published an interim rule entitled “Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program.” The Continuum of Care (CoC) program is designed to address the critical problem of homelessness through a coordinated community-based process of identifying needs and building a system of housing and services to address those needs. In addition to allowing individuals and families to choose housing outside of the CoC's geographic area, this interim rule exempts recipients and subrecipients from compliance with all nonstatutory regulations when a program participant moves to flee domestic violence, dating violence, sexual assault, or stalking. This relaxation of conditions is consistent with the Violence Against Women Reauthorization Act of 2013, directing greater protections for victims of domestic violence, dating violence, sexual assault, or stalking. The amendment to the interim rule will go into effect on July 14, 2016 and is open for comment until August 15, 2016. Please visit the Federal Register page on the CoC Program Interim Rule to submit a formal comment.

Final Rule - Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH): Defining "Homeless"

2011
U.S. Department of Housing and Urban Development

This final rule integrates the regulation for the definition of ‘‘homeless,’’ and the corresponding recordkeeping requirements, for the Shelter Plus Care program, and the Supportive Housing Program. This final rule also establishes the regulation for the definition ‘‘developmental disability’’ and the definition and recordkeeping requirements for ‘‘homeless individual with a disability’’ for the Shelter Plus Care program and the Supportive Housing Program.

Notice - The Violence Against Women and Department of Justice Reauthorization Act of 2005: Applicability to HUD Programs

2007
U.S. Department of Housing and Urban Development

This notice addresses inquiries to HUD about the applicability to HUD programs of certain provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005, as amended by a technical corrections bill signed into law in August 2006, and HUD’s plans to issue rules or guidance on this law.

HUD Memo on the Fair Housing Act and "Nuisance Ordinances"

2016
U.S. Department of Housing and Urban Development

The Fair Housing Act prohibits discrimination in the sale, rental or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. The Department of Housing and Urban Development’s (HUD’s) Office of General Counsel issues this guidance to explain how the Fair Housing Act applies to ensure that the growing number of local nuisance ordinances and crime- free housing ordinances do not lead to discrimination in violation of the Act. This guidance primarily focuses on the impact these ordinances may have on domestic violence victims, but the Act and the standards described herein apply equally to victims of domestic violence and other crimes and to those in need of emergency services who may be subjected to discrimination prohibited by the Act due to the operation of these ordinances.

HUD Transmittal Memo - Lease Addendum

2009
U.S. Department of Housing and Urban Development

This notice provides guidance to owners and management agents (O/As) administering one of Multifamily Housing’s project-based Section 8 programs on the implementation of VAWA. It details the legal protections available to survivors and the prohibitions on O/As, and it transmits key forms as required under the law.

HUD VAWA Certification (Form 50066)

2014
U.S. Department of Housing and Urban Development

This optional form is available to PHAs, owners, or managers should they chose to request that a victim document or provide written evidence that the violence occurred. A victim has the option of either submitting this form or submitting third-party documentation.

Collection of HUD VAWA Forms

2017
U.S. Department of Housing and Urban Development

This site houses HUD VAWA Forms 5 through 5974, including the VAWA notice of occupancy rights, VAWA self-certification form, model emergency transfer plan, and emergency transfer request form. Many of the forms are also available in additional languages, including Spanish, Armenian, Cambodian, Creole, Japanese, Korean, Lao, Chinese, Russian, Thai, and Vietnamese.