U.S. Department of Housing and Urban Development

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.

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.

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.

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.

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.

Review of the LGBTQ Youth Homelessness Prevention Initiative Planning Phase

2016
U.S. Department of Housing and Urban Development

This document reports the planning phase-related findings and recommendations of HUD’s LGBTQ Youth Homelessness Prevention Initiative (“initiative”). The findings illustrate that, while challenging, community-wide planning to address LGBTQ youth homelessness is possible with buy-in, resources, and a collective willingness to invest time in a planning process. The recommendations are intended to inform replication of similar LGBTQ youth homelessness prevention planning in communities nationwide.

Public Housing Occupancy Guidebook - Chapter 19: Domestic Violence

2003
U.S. Department of Housing and Urban Development

This Guide is designed to assist public housing authority staff and HUD with a range of issues related to public housing occupancy, from application for admission and rent calculations through ongoing occupancy to lease termination. The guidebook is intended to provide a handy reference for all aspects of admissions and occupancy administration. This chapter is intended to establish a framework for the relationship between public housing agencies, victims of domestic violence who reside in public housing, and the domestic violence providers who may facilitate measures PHAs can employ to combat the problem.

LGBT Homelessness

U.S. Department of Housing and Urban Development

This section of the HUD Exchange establishes a central clearinghouse of resources for the LGBT community, including information on and links to HUD's Equal Access Rule and program guidance, a toolkit on supporting transgender-inclusive projects, information on HUD's initiative for the community-wide prevention of LGBT youth homelessness, and links to LGBTQ resources and research reports.