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CA Quarterly Review, December 2008
March 10, 2009


In this Issue:		The CA Quarterly Review \| December 2008
:: Interest on Security Deposits :: Repayment Agreements due to EIV :: Member Profile-Connie Chen :: Move Out Dates :: Member Profile- Elizabeth Santos :: Repayment Agreements Continued. :: VAWA Continued :: Unauthorized Inquiries :: Operating Cost Adjustment Factor :: VAWA Continued ................................................ 2.0.2 C & IMAX 7 The CA Quarterly Review December 21, 2008 2009 Social Security Changes have been posted. Social Security and Supplemental Security Income beneficiaries will receive a 5.8 percent Cost of Living Allowance for 2009. For More information, please visit this Link		Here is the Latest CA Review, Owners and agents should be aware of the required provisions of the Violence Against Women Act (VAWA). It is important to note that the provisions of the act apply to any victim, male or female. Below is a summary of the main issues contained in the act, along with the newly released Lease Addendum mandated by this legislation. What is VAWA? Legislation designed to protect the rights of victims of domestic violence, dating violence or stalking who live in subsidized housing. The rule prohibits O/A's from evicting or terminating assistance from individual if the grounds for this action is an instance of domestic violence, dating violence or stalking. The original rule was implemented for PHAs in 2005 and now has formally been implemented for ALL Section 8 Programs U.S. Dept. of HUD issued this guidance in Notice 08-07 directing O/A to implement certain provisions of the law. The law offers the following against eviction or denial of housing based on domestic violence, dating violence and stalking: Status as a victim of one of the above cannot be a basis for denial of rental assistance OR admission if the applicant otherwise qualifies Instances of actual or threatened domestic violence, dating violence or stalking will not be construed as serious or repeated violations of a lease or other "good cause" for terminating assistance, tenancy or occupancy rights of a victim of abuse. Criminal activity related to domestic violence or stalking by a member of a tenant's household or guest/person under the control of tenant shall NOT be cause for termination of assistance, tenancy or occupancy of a victim. A lease may be "bifurcated": divided as a matter of law so that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights (as well as the victim's) are allowed to remain intact. If an O/A can show actual or imminent threat to other tenants or those employed at or providing service to the property if the unlawful tenant's residency is not terminated, then evicting a victim is an option, notwithstanding VAWA. VAWA does not supersede any provision of any federal, state or local law that provides greater protection for victim. The laws offering greater protection are applied in these instances What Should an Owner Do? O/A should update their TSP and/or House Rules to incorporate VAWA provisions. (not required). O/A responding to an incident of actual or threatened domestic violence or stalking that could have a potential impact on a tenant's participation in the housing pogram Download the Print Version Here *...................................................................................................................*
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