Final Report of the Subcommittee on Domestic Trafficking

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Department <strong>of</strong> Housing and Urban DevelopmentTenant-Based VouchersService: Tenant-Based VouchersLocal Public Housing Agencies (PHAs) issue Housing Choice Vouchers (HCV) to verylow-income and low-income families so that <strong>the</strong>y can lease safe, decent, and affordableprivately owned rental housing.Agency: HUDRepresented on <strong>Subcommittee</strong> by: Gail L. TempletonI. Domestic VictimsA. Domestic victims who are U.S. Citizens and adults:According to 24 CFR 982.207(a), Establishment <strong>of</strong> PHA local preferences, (1) The PHAmay establish a system <strong>of</strong> local preferences for selection <strong>of</strong> families admitted to <strong>the</strong>program and (2) <strong>the</strong> PHA’s preferences must be based on local housing needs andpriorities. Thus, a PHA has <strong>the</strong> flexibility to establish a local preference for victims <strong>of</strong>domestic trafficking.According to 24 CFR 982.207(4) Preference for victims <strong>of</strong> domestic violence, <strong>the</strong> PHAshould consider whe<strong>the</strong>r to adopt a local preference for admission <strong>of</strong> families that includevictims <strong>of</strong> domestic violence.B. Domestic victims who are legal U.S. residents and adults:A PHA may adopt a local preference for admission <strong>of</strong> victims <strong>of</strong> domesticviolence/domestic trafficking to <strong>the</strong> tenant-based voucher program.C. Domestic victims who are U.S. Citizens and minors (under 18):The Federal Rule defines certain types <strong>of</strong> families, but <strong>the</strong> PHA establishes <strong>the</strong> basicdefinition <strong>of</strong> what is considered to be a family. Thus, a PHA may include anemancipated minor (someone under 18 years <strong>of</strong> age) within its definition <strong>of</strong> family.Thus, an emancipated minor could be admitted under one or more local preferencesincluding a domestic trafficking preferenceD. Domestic victims who are legal U.S. residents and minors (under 18):40
The Federal Rule defines certain types <strong>of</strong> families, but <strong>the</strong> PHA establishes <strong>the</strong> basicdefinition <strong>of</strong> what is considered to be a family. Thus, a PHA may include anemancipated minor (someone under 18 years <strong>of</strong> age) within its definition <strong>of</strong> family.Thus, an emancipated minor could be admitted under one or more local preferencesincluding a domestic trafficking preference.The information provided in Section A applies to international victims, who are adultswith <strong>the</strong> following caveats:4. According to 24 CFR 5.506 (Citizenship and Eligible Immigrant Status) all familymembers must ei<strong>the</strong>r be citizens or nationals <strong>of</strong> <strong>the</strong> U.S. or nationals to receivehousing assistance (e.g., public housing).5. To qualify for housing assistance, at least one family member is ei<strong>the</strong>r a citizen oran eligible immigrant, <strong>the</strong> family will qualify as a “mixed family” under 24 CFR5.504 and will have <strong>the</strong>ir housing assistance prorated.6. An eligible immigrant, who qualifies for assistance, can be admitted under one ormore local preferences including a domestic trafficking preference.II. International VictimsA. International victims who are minors (under 18):The Federal Rule defines certain types <strong>of</strong> families, but <strong>the</strong> PHA establishes <strong>the</strong> basicdefinition <strong>of</strong> what is considered to be a family. Thus, a PHA may include anemancipated minor (someone under 18 years <strong>of</strong> age) within its definition <strong>of</strong> family.Thus, an emancipated minor could be admitted under one or more local preferencesincluding <strong>the</strong> domestic violence preference.B. International victims who are adults:The information provided in Section A <strong>of</strong> part I. Domestic Victims applies tointernational victims, who are adults with <strong>the</strong> following caveats:1. According to 24 CFR 5.506 (Citizenship and Eligible Immigrant Status) allfamily members must ei<strong>the</strong>r be citizens or nationals <strong>of</strong> <strong>the</strong> U.S. or nationals toreceive housing assistance (e.g., public housing).2. To qualify for housing assistance, at least one family member is ei<strong>the</strong>r acitizen or an eligible immigrant, <strong>the</strong> family will qualify as a “mixed family”under 24 CFR 5.504.3. An eligible immigrant, who qualifies for assistance, can be admitted underone or more local preferences including a domestic trafficking preference.41
Page 1 and 2: SENIOR POLICY OPERATINGGROUP ON TRA
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Final Report of the Subcommittee on Domestic Trafficking

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