Violence Against Women Act (VAWA)

Columbia Residential Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault or Stalking

This statement was posted on October 31, 2024.

Columbia Residential is concerned about the safety of its residents, and such concern extends to residents who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA), the Violence Against Women Act (VAWA) provides protections to women or men who are victims of domestic violence, dating violence, sexual assault, and/or stalking. Columbia Residential understands that, regardless of whether state or local laws protect victims of domestic violence, dating violence, sexual assault, and/or stalking, victims of violence have certain rights under the Violence Against Women Reauthorization Act of 2013.

Columbia Residential will consider an Emergency Transfer Request when a person seeking to exercise VAWA protections feels that he/she is:

In imminent danger
Was sexually assaulted on the property within 90 days of the request

Within this plan, the following terms will be used and are defined below:

Internal Emergency Transfer—a transfer to another unit within this apartment community.
External Emergency Transfer—a transfer to another property, not associated with this apartment community
Safe Unit—an alternative unit deemed safe by the tenant requesting the VAWA transfer. This is solely a determination the tenant makes, not management.

Columbia Residential will accept the Emergency Transfer Request directly from the person seeking to exercise VAWA protections or from an advocate working on behalf of the person seeking to exercise VAWA protections.

This plan is intended to support or assist victims of domestic violence, dating violence, sexual assault, and/or stalking (hereafter referred to as VAWA crimes) and protect persons seeking to exercise VAWA protections, as well as affiliated individuals (as defined by HUD), from being denied housing or from losing their housing/HUD-assisted housing as a consequence of their status as a victim of VAWA crimes.

This plan identifies residents who are:

eligible for an emergency transfer,
the documentation needed to request an emergency transfer,
confidentiality protections,
how an emergency transfer may occur, and 5. guidance to residents on safety and
security.

Only residents who are assisted by a covered housing program can invoke the VAWA protections that apply solely to residents. The term ‘‘resident’’ refers to an assisted family and the members of the household on their lease, but does not include guests or unreported members of a household.

In addition, a live-in aide or caregiver is not a resident, unless otherwise provided by program regulations, and cannot invoke VAWA protections.

VAWA ensures that persons seeking to exercise VAWA protections are not denied housing and housing assistance is not terminated solely because the person is a victim of an offense covered under the VAWA (domestic violence, dating violence, stalking, and/or sexual assault).

However, being a victim of a VAWA crime is not a reason to change the eligibility or applicant screening requirements set forth in the tenant selection plan unless such requirements interfere with protections provided under the VAWA.

Being a person seeking to exercise VAWA protections of an offense covered under the VAWA is not a reason to waive requirements set forth in the HUD Model Lease or in any lease attachment or HUD-approved lease addendum unless such requirements interfere with protections provided under the VAWA.

Columbia Residential will not assume that any act is a result of abuse covered under the Violence Against Women Act. In order to receive the protections outlined in the VAWA, the applicant/resident must specify that he/she wishes to exercise these protections.

If any applicant or resident wishes to exercise their VAWA protections, he/she should contact Columbia Residential property management staff immediately. Columbia Residential is committed to ensuring that the Privacy Act is enforced in this and all other situations.

Confidentiality

The identity of the person seeking to exercise VAWA protections and all information provided to Columbia Residential relating to the incident(s) of abuse covered under the VAWA will be retained in confidence. Information will not be entered into any shared database nor provided to a related entity, except to the extent that the disclosure is

Requested or consented to by the person seeking to exercise VAWA protections in writing;
Required for use in an eviction proceeding or termination of assistance; or
Otherwise required by applicable law.

Columbia Residential will retain all documentation relating to an individual’s domestic violence, dating violence, sexual assault, and/or stalking in a separate file that is kept in a separate secure location from other applicant or resident files.

Requests & Certification

When Columbia Residential property management responds to a request for protections provided under the VAWA Columbia Residential will request that an individual complete, sign, and submit a certification form. This certification may be submitted in an equally effective manner, as a reasonable accommodation, if there is the presence of a disability.

Columbia Residential understands that the delivery of the certification form to the applicant/resident via mail may place the person seeking to exercise VAWA protections at risk, (e.g., the abuser may monitor the mail). Columbia Residential will work with the applicant/resident in making acceptable delivery arrangements, such as inviting them into the office to pick up the certification form or making other discreet arrangements.

If the applicant/resident has sought assistance in addressing VAWA crimes from a federal, state, tribal, territorial jurisdiction, local police or court, the applicant/resident may submit written proof of this outreach in lieu of the certification form. Columbia Residential may accept the following:

A federal, state, tribal, territorial, or local police record or court record or
Documentation signed and attested to by a professional (employee, agent or volunteer of a person seeking to exercise VAWA protections service provider, an attorney, medical personnel, etc.) From whom the person seeking to exercise VAWAprotections has sought assistance in addressing domestic violence, dating violence and/or stalking or the effects of the abuse.The signatory attests under penalty of perjury (28 U.S.C. §1746) to his/her belief that the incident in question represents bona fide abuse, and the person seeking to exercise VAWA protections of such crimes has signed or attested to documentation.
If the applicant is currently living in a shelter established to protect person seekingto exercise VAWA protections s of violence covered under the VAWA, ColumbiaResidential will accept verification of such living arrangement in lieu of thecertification or other forms as noted above.

The person seeking to exercise VAWA protections must provide such documentation within fourteen (14) business days of the request. Columbia Residential may consider extending the deadline if requested and if specific circumstances prevent the person seeking to exercise VAWA protections from submitting the form within fourteen (14) business days.

The person seeking to exercise VAWA protections is not required to name his/her abuser if doing so would result in an imminent threat or if the person seeking to exercise VAWA protections does not know the name of his/her abuser.

To ensure that a person is not wrongly accused of committing an offense covered under the VAWA, Columbia Residential will carefully evaluate abuse claims as to avoid denial, termination of assistance, termination of tenancy, or eviction based on false or unsubstantiated accusations.

Criminal Background Check

Domestic violence can often have negative criminal consequences for a victim of VAWA crimes. The perpetrator may cause damage to the victim’s property causing eviction. The perpetrator may force a victim to participate in criminal activity, or a victim may be arrested and/or listed on a police report as part of policies that require arresting both parties in a domestic disturbance. Management will take such extenuating circumstances into account and will not deny tenancy or occupancy rights based solely on these adverse factors that are a direct result of being a victim of VAWA crimes.

Credit Checks

Domestic violence can often have negative economic consequences for a victim of VAWA crimes. The perpetrator may take out credit cards in a victim’s name and ruin their credit history or cause damage to a victim’s property causing eviction. Management will take such extenuating circumstances into account and will not deny tenancy or occupancy rights based solely on these adverse factors that are a direct result of being a victim of VAWA crimes.

Rental History

Domestic violence can often have negative consequences for a victim of VAWA crimes. The perpetrator may cause damage to a victim’s property causing eviction and/or poor rental history. The perpetrator may force a victim to participate in criminal activity or a victim may be arrested as part of policies that require arresting both parties in a domestic disturbance. Management will take such extenuating circumstances into account and will not deny tenancy or occupancy rights based solely on these adverse factors that are a direct result of being a victim of VAWA crimes.

Columbia Residential will review and respond to requests to exercise protections provided under the VAWA within ten (10) business days of receiving all required documentation.

Columbia Residential may provide the response in any manner acceptable to the person seeking to exercise VAWA protections and Columbia Residential. Responses include:

Approval of the Request
Denial of the Request
Request for additional information

If the request is denied, the person seeking to exercise VAWA protections may appeal the decision. The appeal meeting will be conducted by someone who was not involved in the original decision to deny.

Lease Bifurcation

If Columbia Residential determines that physical abuse caused by a resident is clear and present, the law provides Columbia Residential with the authority to bifurcate a lease (i.e., remove, evict, or terminate housing assistance to any abuser, while allowing the person seeking to exercise VAWA protections, who lawfully occupies the home, to maintain tenancy.)

Columbia Residential may attempt to evict the abuser, but residents should know that state/local tenant/landlord laws prevail and Columbia Residential must comply with such laws. Columbia Residential cannot guarantee that a court will award or enforce an eviction.

Columbia Residential must keep in mind that the eviction of or the termination action against the individual must be in accordance with the procedures prescribed by federal, state, and local law. Columbia Residential is committed to attempting to assist the person seeking to exercise VAWA protections, however, evictions are generally carried out through the court system, and Columbia Residential cannot override or circumvent a legal decision.

In the event that one household member is removed from the unit because of engaging in acts of domestic violence, dating violence, sexual assault, and/or stalking against another household member, an appropriate certification will be processed reflecting the change in household composition. Special consideration will be given if the remaining household members are not qualified to remain in the unit as a “remaining household member”.

If a lease is bifurcated or if a resident is evicted from the property because of an offense covered under the Violence Against Women Act, the person will be permanently barred from the property.

Inviting a person evicted because of an offense covered under the Violence Against Women Act or encouraging such a person to remain on the property is a lease violation. The resident agrees to notify Columbia Residential and/or the local authorities if such a person enters the property.

Emergency Transfer

Columbia Residential will consider an Emergency Transfer Request when a person seeking to exercise VAWA protections feels that he/she is:

In imminent danger
Was sexually assaulted on the property within 90 days of the request

Residents will be placed on a transfer waiting list if they meet one of the following ranked conditions:

Unit transfer is needed for requested VAWA protections;
Unit transfer is needed for medical reasons which are certified by a doctor, or needed based on the need for an accessible unit, as certified by a physician or other medical professional, as a reasonable accommodation for persons with verified disabilities, or
Current residents who require unit transfers for these reasons will be given priority over external applicants.

Please note, in conjunction with this plan, additional policies related to the following options are discussed further in the property’s Tenant Selection Plan:

Policies for assisting a victim in an internal emergency transfer when a safe unit is not immediately available. This could include placing the victim on an internal unit transfer list and giving priority.
The measure ( or ranking) of any priority given to tenants who qualify for an emergency transfer under VAWA in relation to (1) other categories of tenants seeking transfers and (2) applicants on the waiting list.

This property does not offer a Violence Against Women Act (VAWA) preference to external applicants. However, nothing precludes a tenant from seeking an internal emergency transfer at this community and an external emergency transfer concurrently elsewhere if a safe unit is not immediately available.

Lease Addendum

VAWA lease addendum will be implemented and provided in accordance with current and future HUD guidance specific to this HUD housing program.