Every HUD-assisted property must have an adopted Emergency Transfer Plan under the Violence Against Women Act — and MOR reviewers check for it, along with the notices and forms that go with it. Here's what compliance actually requires.
The required documents
- Emergency Transfer Plan — adopted, dated, and available to tenants, describing how a victim of domestic violence, dating violence, sexual assault, or stalking can request an internal or external emergency transfer
- Notice of Occupancy Rights (HUD-5380) — provided at required touchpoints: application denial, admission, and with any eviction or termination notice
- Certification form (HUD-5382) — provided with the notice, giving tenants the self-certification option
Documentation rules staff get wrong
A tenant's self-certification is generally sufficient — you may not demand police reports or court records as a condition of protection, except in the narrow conflicting-evidence scenario, and even then the process has strict steps and timelines. Requiring "proof" beyond the rules is itself a violation.
Confidentiality obligations
VAWA information must be kept strictly confidential — separate from the general tenant file where your procedures require, never entered into shared databases, and never disclosed without written, time-limited consent or legal requirement.
What the transfer plan must actually do
The plan must describe eligibility, the request process, priority handling, and how you'll assist even when no unit is immediately available (documentation, waiting list handling, cooperation with other providers). A plan that exists but is unworkable in practice draws findings too.
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FAQ
Does VAWA protect men? Yes. Despite the statute's name, protections apply regardless of sex, gender identity, or sexual orientation.
Can we evict a tenant for incidents where they were the victim? No — an incident of covered violence against a tenant cannot be treated as a lease violation by the victim.
Where do the forms go in the file? Delivery of the 5380/5382 should be documented at each required touchpoint; any submitted certifications are kept confidential per your plan.
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