HUD New rule on VAWA and Smoke Free Guidelines


March 20, 2017


Paul Flogstad

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 90 Minutes

* Not able to attend the live session? We can arrange an on-demand session for You. Please call 1-951-801-2324


HUD's Final Rule implementing the Violence Against Women Re authorization Act (VAWA) of 2013 and the new Smoke-Free Guidelines. These two rules has been published in 2016 under the U.S. Housing and Urban Development (HUD).

On November 16, 2016, the HUD published in the Federal Register, the Final Rule implementing VAWA of 2013, which details the requirements for HUD-covered programs. VAWA 2013 extends protection to all victims of domestic violence – women and children who are most victims of domestic violence, but also men abused by their partners and those facing violence in same-sex relationships – as well as victims of dating violence, sexual assault, and stalking. The bottom line is, violence is violence no matter what gender the victim.

And on November 30, 2016, after including input from more than 1,000 comments received from the public, Public Housing Agencies (PHAs), housing and public health organizations, and tenants, the Secretary Julián Castroof US Housing and Urban Development (HUD), all public housing developments in the United States are required to provide a smoke-free environment for the residents in their property. The ruling became effective on February 3 this year.

The final rule on VAWA, effective from December 16, 2016, it is important to note that VAWA 2013 also covers the LIHTC and Rural Housing programs, but the Departments of Treasury and Agriculture have not issued their Final Rule for these programs to date. Many state agencies, however, have already incorporated VAWA 2013 compliance into their state requirements.

Following the ruling, Public Housing Agents (PHAs) are required, within 18 months, to establish policies prohibiting the use of certain tobacco products in restricted areas. Alternatively, they can also make the entire property smoke-free.PHAs are also required to document their smoke-free policies, for which they will need to conduct resident engagement and public meetings.The change will help improve the health of over 2 million public housing residents (including 760,000 children), who suffer health problems due to second-hand smoke. An estimated $153 million is spent every year on healthcare costs, for health problems caused by second-hand smoke alone.

On the other hand HUD issued both a VAWA relating to non-citizen self-petitioner on Jan 19, 2017 & Smoke-Free Guidelines, on Feb 3, 2017 under all public housing, public housing residents, visitors, PHA staff for reducing the risk.

During this webinar, you will learn how to do that, and what changes you are required to make following the ruling. With expert speaker Paul Flogstad will cover in detail the requirements of both final rules, and explore the policies public housing owners and managers need to implement to ensure compliance. 

Learning Objectives:

HUD’s final rules on VAWA 2013 has the following requirements:

  • HUD's 102-page Final Rule requires that the Notice of Occupancy Rights and accompanying certification form be provided at the following times:
    • At admission to a covered program
    • At rejection from a covered program
    • Within one year for all existing residents and
    • At time of notification of termination of tenancy or termination of assistance for all current residents
  • Establishment of an Emergency Transfer Plan before June 14, 2017, and includes a model Emergency Transfer Plan that owners can modify for this purpose
  • Tenants must be allowed to transfer to a new unit/building when the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains in the same unit
  • Owners must track and submit information on emergency transfer requests and outcomes on an annual basis
  • The Final Rule for Smoke-Free accommodation will have the following implications:

    • The use of tobacco products like cigaretted, cigars, hookah (waterpipes) and pipes etc are restricted in all living areas, indoor areas and the office spaces
    • Smoke free policies must be implemented by 3100 PHAs within a time frame of 18 months
    • Any product made of tobacco is prohibited within 25 feet circle area of the buildings
    • All types of housing facility including the single family unites are covered
    • These implications can help in improving the health of 2 million residents including 760,000 children
    • Further restrictions are allowed (e.g., buffer around playgrounds, restrict smoking to designated outdoor areas, property-wide smoke-free policy)
    • This can save a handsome amount of $153 million every year occured from secondhand smoke attributable healthcare, smoke-pemitted area repairment and fires caused due to them
    • This rule puts its implication on more than 940,000 unites that are currently not smoke-free which include 500,000 unites inhabited by elderly individuals

    Session Highlights:

    • Housing units in mixed finance developments.
    • Privately owned, federally subsidized multifamily housing (e.g. project-based Section 8 housing).
    • Electronic Nicotine Delivery Systems (ENDS), including electronic cigarettes (e-cigarettes).

    This seminar will also provide insight into the implications of the final rule for everyone involved in housing. It will affect your property’s:

    • Tenant Selection Plan;
    • House Rules;
    • Move-in;
    • Rejection;
    • Termination of Assistance/Tenancy; and
    • Eligibility of Remaining Household Members

    Who will be benefit:

    • Community Development Staff
    • Housing Authority Staff
    • Maintenance Staff
    • Realtors and Leasing Agents
    • Property Managers
    • Property Owners
    • Compliance Staff
    • Dean of Colleges and Universities