The Trainer

Using Form HUD-92006, Providing Protections for Domestic Violence Victims

In this month's feature, we discussed how applicants could provide supplemental information, under new Form HUD-922006, about individuals and organizations in regard to their special care or additional services needs. HUD issued the new form, along with guidance to site owners, management agents, and PHAs, in a Sept. 15, 2009, notice.

Using Form HUD-92006, Providing Protections for Domestic Violence Victims

In this month's feature, we discussed how applicants could provide supplemental information, under new Form HUD-922006, about individuals and organizations in regard to their special care or additional services needs. HUD issued the new form, along with guidance to site owners, management agents, and PHAs, in a Sept. 15, 2009, notice.

In our article on providing legal protections for domestic violence victims in Section 8 programs, we stressed that owners and management agents administering a multifamily housing project-based Section 8 program may not evict or terminate the assistance of individuals if the asserted grounds for such action involve instances of domestic violence. We noted that the protections under the Violence Against Women Act (VAWA) pertain to families applying for or receiving rental assistance payment under project-based Section 8 programs, including:

  • Victims of domestic violence;

  • Victims of dating violence;

  • Victims of stalking; and

  • Immediate family members of victims.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Under Section 644 of the Housing and Community Development Act of 1992, HUD requires public housing providers participating in federally assisted housing programs to gather information that might support the prospective resident only if the applicant wishes to provide such information. True or false?

  1. True.

  2. False.

QUESTION #2

Fill in the blank: You should treat the information an applicant provides in the Supplement to Application form as _______________.

  1. suitable for turning over to law enforcement officials.

  2. confidential.

  3. confidential, except to other residents at the site.

QUESTION #3

To meet the requirements under Section 644, managers must notify applicants of their right to include as part of their application the name, address, telephone number, and other relevant information about individuals or organizations that may be contacted for support in providing special care or services or in resolving issues. True or false?

  1. True.

  2. False.

QUESTION #4

Fill in the blank: With regard to supplemental information, when applicants are admitted as residents, you should _______________.

  1. allow them to update, remove, or change contact information they provided at the time of application.

  2. allow them to change only the contact information they provided at the time of application.

  3. allow them only to remove information they provided at the time of application.

QUESTION #5

HUD requires those who have not provided contact information at the application stage regarding supplemental data to provide that information at the time of annual recertification. True or false?

  1. True.

  2. False.

QUESTION #6

Under the Violence Against Women Act, an incident of actual or threatened domestic violence, dating violence, or stalking does not qualify as a serious or repeated violation of the lease. True or false?

  1. True.

  2. False.

QUESTION #7

Fill in the blank: Under the law, you can _______________ a lease in order to evict, remove, or terminate the assistance of an offender, while at the same time permitting the victim who is a lawful occupant to remain in the lease.

  1. ignore.

  2. unify.

  3. bifurcate.

QUESTION #8

You may not ask a resident to certify that he or she is a victim of domestic violence, dating violence, or stalking. True or false?

  1. True.

  2. False.

QUESTION #9

Fill in the blank: The VAWA protection provisions may not be construed to limit you, when notified, from honoring _______________.

  1. concerns of the perpetrator of a crime.

  2. bankruptcy issues of victims.

  3. applicable court orders.

QUESTION #10

The VAWA provisions supersede all other laws. True or false?

  1. True.

  2. False.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: a

Under Section 644, you cannot force an applicant to provide supplemental information regarding special care or additional services. Under HUD rules, the housing provider may not require the applicant to provide such information.

QUESTION #2

Correct answer: b

The objective of providing such information in the application is simply to facilitate contact by the housing provider, if the applicant does become a resident. The housing provider must maintain any information provided on the supplemental application as confidential information.

QUESTION #3

Correct answer: a

Such notification is part of the requirements of Section 644. Owners, managers, and PHAs must implement the requirements of Section 644 and begin using Form HUD-92006 by no later than 90 days from the date the Notice was issued—that is, by Dec. 15, 2009.

QUESTION #4

Correct answer: a

You must give applicants, at the time of admission as residents, the opportunity to update, remove, or change contact information they provided at the time of application. This is particularly important if a long period of time has elapsed between the time of application and actual admission to the program as a resident.

QUESTION #5

Correct answer: b

Just as it is with applicants, providing this information is optional on the part of individuals and families currently residing at your site.

QUESTION #6

Correct answer: a

Not only is it not a serious or repeated violation of the lease, it does not constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim.

QUESTION #7

Correct answer: c

The law clearly recognizes that while protecting victims of domestic violence, you should not reward perpetrators of that violence.

QUESTION #8

Correct answer: b

You can ask the victim to certify that the incident or abuse is bona fide. You can use this information to determine whether the protections offered under VAWA are available to the resident.

QUESTION #9

Correct answer: c

When notified by a legal authority, you must honor any court-issued orders to either protect the victim or address the distribution of property in cases where a family breaks up.

QUESTION #10

Correct answer: b

The VAWA provisions shall not supersede any provision of any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, or stalking.

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