34 U.S.C. § 12475 — Untitled legal text

Page 378 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12475 1 So in original. Probably should be ‘‘subsection’’. tities that provide capital costs for the pur- chase, preconstruction, construction, renova- tion, repair, or conversion of affordable hous- ing units; (3) may use funds for the administrative ex- penses related to the continuing operation, up- keep, maintenance, and use of housing de- scribed in paragraph (2); and (4) may provide to the community informa- tion about housing and housing programs, and the process to locate and obtain long-term housing. (e) Limitation Funds provided under paragraph 1 (a) shall not be used for construction, modernization or ren- ovation. (f) Underserved populations and priorities In awarding grants under this section, the Sec- retary of Health and Human Services shall— (1) give priority to linguistically and cul- turally specific services; (2) give priority to applications from entities that include a sexual assault service provider as described in subsection (b)(3); and (3) award a minimum of 15 percent of the funds appropriated under this section in any fiscal year to tribal organizations. (g) Definitions For purposes of this section: (1) Affordable housing The term ‘‘affordable housing’’ means hous- ing that complies with the conditions set forth in section 12745 of title 42. (2) Long-term housing The term ‘‘long-term housing’’ means hous- ing that is sustainable, accessible, affordable, and safe for the foreseeable future and is— (A) rented or owned by the individual; (B) subsidized by a voucher or other pro- gram which is not time-limited and is avail- able for as long as the individual meets the eligibility requirements for the voucher or program; or (C) provided directly by a program, agen- cy, or organization and is not time-limited and is available for as long as the individual meets the eligibility requirements for the program, agency, or organization. (h) Evaluation, monitoring, administration, and technical assistance For purposes of this section— (1) up to 5 percent of the funds appropriated under subsection (i) for each fiscal year may be used by the Secretary of Health and Human Services for evaluation, monitoring, and ad- ministration costs under this section; and (2) up to 8 percent of the funds appropriated under subsection (i) for each fiscal year may be used to provide technical assistance to grantees under this section. (i) Authorization of appropriations There are authorized to be appropriated $4,000,000 for each of fiscal years 2023 through 2027 to carry out the provisions of this section. (Pub. L. 103–322, title IV, § 41404, as added Pub. L. 109–162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3033; amended Pub. L. 109–271, § 5(a), Aug. 12, 2006, 120 Stat. 759; Pub. L. 113–4, title VI, § 603(1), Mar. 7, 2013, 127 Stat. 110; Pub. L. 117–103, div. W, title VI, § 605(b), Mar. 15, 2022, 136 Stat. 886.) Editorial Notes CODIFICATION Section was formerly classified to section 14043e–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (i). Pub. L. 117–103 substituted ‘‘2023 through 2027’’ for ‘‘2014 through 2018’’. 2013—Subsec. (i). Pub. L. 113–4 substituted ‘‘$4,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$10,000,000 for each of fiscal years 2007 through 2011’’. 2006—Subsec. (a)(1). Pub. L. 109–271, § 5(a)(1), sub- stituted ‘‘for Children’’ for ‘‘of Children’’. Subsec. (d). Pub. L. 109–271, § 5(a)(2), struck out ‘‘(1) IN GENERAL.—’’ before ‘‘Funds awarded to’’, inserted ‘‘Such activities, services, or programs—’’ after ‘‘be- coming homeless.’’, substituted ‘‘(1)’’ for ‘‘(2) ACTIVI- TIES, SERVICES, PROGRAMS.—Such activities, services, or programs described in paragraph (1)’’, redesignated pars. (3) to (5) as (2) to (4), respectively, and substituted ‘‘paragraph (2)’’ for ‘‘paragraph (3)’’ in par. (3), as so re- designated. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. § 12475. Grants to combat violence against women in public and assisted housing (a) Purpose It is the purpose of this section to assist eligi- ble grantees in responding appropriately to do- mestic violence, dating violence, sexual assault, and stalking so that the status of being a victim of such a crime is not a reason for the denial or loss of housing. Such assistance shall be accom- plished through— (1) education and training of eligible enti- ties; (2) development and implementation of ap- propriate housing policies and practices; (3) enhancement of collaboration with vic- tim service providers and tenant organiza- tions; and (4) reduction of the number of victims of such crimes who are evicted or denied housing because of crimes and lease violations com- mitted or directly caused by the perpetrators of such crimes. (b) Grants authorized (1) In general The Attorney General, acting through the Director of the Office on Violence Against Women of the Department of Justice (‘‘Direc- tor’’), and in consultation with the Secretary of Housing and Urban Development (‘‘Sec- retary’’), and the Secretary of Health and Human Services, acting through the Adminis- Page 379 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12475 tration for Children, Youth and Families (‘‘ACYF’’), shall award grants and contracts for not less than 2 years to eligible grantees to promote the full and equal access to and use of housing by adult and youth victims of domes- tic violence, dating violence, sexual assault, and stalking. (2) Amounts Not less than 15 percent of the funds appro- priated to carry out this section shall be avail- able for grants to tribally designated housing entities. (3) Award basis The Attorney General shall award grants and contracts under this section on a competi- tive basis. (4) Limitation Appropriated funds may only be used for the purposes described in subsection (f). (c) Eligible grantees (1) In general Eligible grantees are— (A) public housing agencies; (B) principally managed public housing resident management corporations, as deter- mined by the Secretary; (C) public housing projects owned by pub- lic housing agencies; (D) tribally designated housing entities; and (E) private, for-profit, and nonprofit own- ers or managers of assisted housing. (2) Submission required for all grantees To receive assistance under this section, an eligible grantee shall certify that— (A) its policies and practices do not pro- hibit or limit a resident’s right to summon police or other emergency assistance in re- sponse to domestic violence, dating violence, sexual assault, or stalking; (B) programs and services are developed that give a preference in admission to adult and youth victims of such violence, con- sistent with local housing needs, and appli- cable law and the Secretary’s instructions; (C) it does not discriminate against any person— (i) because that person is or is perceived to be, or has a family or household mem- ber who is or is perceived to be, a victim of such violence; or (ii) because of the actions or threatened actions of the individual who the victim, as certified in subsection (e), states has committed or threatened to commit acts of such violence against the victim, or against the victim’s family or household member; (D) plans are developed that establish meaningful consultation and coordination with local victim service providers, tenant organizations, linguistically and culturally specific service providers, population-spe- cific organizations, State domestic violence and sexual assault coalitions, and, where they exist, tribal domestic violence and sex- ual assault coalitions; and (E) its policies and practices will be in compliance with those described in this paragraph within the later of 1 year or a pe- riod selected by the Attorney General in consultation with the Secretary and ACYF. (d) Application Each eligible entity seeking a grant under this section shall submit an application to the Attor- ney General at such a time, in such a manner, and containing such information as the Attor- ney General may require. (e) Certification (1) In general A public housing agency, tribally designated housing entity, or assisted housing provider receiving funds under this section may request that an individual claiming relief under this section certify that the individual is a victim of domestic violence, dating violence, sexual assault, or stalking. The individual shall pro- vide a copy of such certification to the public housing agency, tribally designated housing entity, or assisted housing provider within a reasonable period of time after the agency or authority requests such certification. (2) Contents An individual may satisfy the certification requirement of paragraph (1) by— (A) providing the public housing agency, tribally designated housing entity, or as- sisted housing provider with documentation, signed by an employee, agent, or volunteer of a victim service provider, an attorney, a member of the clergy, a medical profes- sional, or any other professional from whom the victim has sought assistance in address- ing domestic violence, dating violence, sex- ual assault, or stalking, or the effects of abuse; or (B) producing a Federal, State, tribal, ter- ritorial, or local police or court record. (3) Limitation Nothing in this subsection shall be con- strued to require any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager to demand that an individual produce official documentation or physical proof of the individual’s status as a victim of domestic violence, dating violence, sexual assault, or stalking, in order to receive any of the benefits provided in this section. A housing agency, assisted housing provider, tribally designated housing entity, owner, or manager may provide benefits to an individual based solely on the individual’s statement or other corroborating evidence. (4) Confidentiality (A) In general All information provided to any housing agency, assisted housing provider, tribally designated housing entity, owner, or man- ager pursuant to paragraph (1), including the fact that an individual is a victim of domes- tic violence, dating violence, sexual assault, or stalking, shall be retained in confidence by such agency, and shall neither be entered into any shared database, nor provided to Page 380 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12491 any related housing agency, assisted housing provider, tribally designated housing entity, owner, or manager, except to the extent that disclosure is— (i) requested or consented to by the indi- vidual in writing; or (ii) otherwise required by applicable law. (B) Notification Public housing agencies must provide no- tice to tenants of their rights under this sec- tion, including their right to confidentiality and the limits thereof, and to owners and managers of their rights and obligations under this section. (f) Use of funds Grants and contracts awarded pursuant to subsection (a) shall provide to eligible entities personnel, training, and technical assistance to develop and implement policies, practices, and procedures, making physical improvements or changes, and developing or enhancing collabora- tions for the purposes of— (1) enabling victims of domestic violence, dating violence, sexual assault, and stalking with otherwise disqualifying rental, credit, or criminal histories to be eligible to obtain housing or housing assistance, if such victims would otherwise qualify for housing or housing assistance and can provide documented evi- dence that demonstrates the causal connec- tion between such violence or abuse and the victims’ negative histories; (2) permitting applicants for housing or housing assistance to provide incomplete rent- al and employment histories, otherwise re- quired as a condition of admission or assist- ance, if the victim believes that providing such rental and employment history would en- danger the victim’s or the victim children’s safety; (3) protecting victims’ confidentiality, in- cluding protection of victims’ personally iden- tifying information, address, or rental history; (4) assisting victims who need to leave a public housing, tribally designated housing, or assisted housing unit quickly to protect their safety, including those who are seeking trans- fer to a new public housing unit, tribally des- ignated housing unit, or assisted housing unit, whether in the same or a different neighbor- hood or jurisdiction; (5) enabling the public housing agency, trib- ally designated housing entity, or assisted housing provider, or the victim, to remove, consistent with applicable State law, the per- petrator of domestic violence, dating violence, sexual assault, or stalking without evicting, removing, or otherwise penalizing the victim; (6) enabling the public housing agency, trib- ally designated housing entity, or assisted housing provider, when notified, to honor court orders addressing rights of access to or control of the property, including civil protec- tion orders issued to protect the victim and issued to address the distribution or posses- sion of property among the household mem- bers in cases where a family breaks up; (7) developing and implementing more effec- tive security policies, protocols, and services; (8) allotting not more than 15 percent of funds awarded under the grant to make mod- est physical improvements to enhance safety; (9) training personnel to more effectively identify and respond to victims of domestic vi- olence, dating violence, sexual assault, and stalking; and (10) effectively providing notice to appli- cants and residents of the above housing poli- cies, practices, and procedures. (g) Authorization of appropriations There are authorized to be appropriated $4,000,000 for each of fiscal years 2023 through 2027 to carry out the provisions of this section. (h) Technical assistance Up to 12 percent of the amount appropriated under subsection (g) for each fiscal year shall be used by the Attorney General for technical as- sistance costs under this section. (Pub. L. 103–322, title IV, § 41405, as added Pub. L. 109–162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3035; amended Pub. L. 113–4, title VI, § 603(2), Mar. 7, 2013, 127 Stat. 110; Pub. L. 117–103, div. W, title VI, § 605(c), Mar. 15, 2022, 136 Stat. 887.) Editorial Notes CODIFICATION Section was formerly classified to section 14043e–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–103, § 605(c)(1), sub- stituted ‘‘the Director of the Office on Violence Against Women’’ for ‘‘the Director of the Violence Against Women Office’’. Subsec. (c)(2)(D). Pub. L. 117–103, § 605(c)(2), inserted ‘‘population-specific organizations,’’ after ‘‘linguis- tically and culturally specific service providers,’’. Subsec. (g). Pub. L. 117–103, § 605(c)(3), substituted ‘‘2023 through 2027’’ for ‘‘2014 through 2018’’. 2013—Subsec. (g). Pub. L. 113–4 substituted ‘‘$4,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$10,000,000 for each of fiscal years 2007 through 2011’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. SUBPART 2—HOUSING RIGHTS § 12491. Housing protections for victims of do- mestic violence, dating violence, sexual as- sault, and stalking (a) Definitions In this subpart: (1) Affiliated individual The term ‘‘affiliated individual’’ means, with respect to an individual— (A) a spouse, parent, sibling, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occu- pant living in the household of that indi- vidual.