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This proposed rule would amend HUD's regulations to fully implement the requirements of the Violence Against Women Act (VAWA) as reauthorized on March 15, 2022, under the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022). VAWA 2022 in part requires that HUD issue regulations to define standards of compliance for covered housing programs, address prohibitions on retaliation, and update certain definitions.  HUD will also consider other revisions to update its VAWA regulations.

Statement of Need:

The rule is needed to conform HUD regulations with statutory standards and amendments, and to ensure consistency in application and enforcement of VAWA protections and requirements across HUD’s covered housing programs. This proposed rule would consider HUD’s VAWA 2013 rule published on November 16, 2016, and improve upon its framework and impose less regulatory burden.

Summary of the Legal Basis:

These regulatory revisions would implement the requirements of the Violence Against Women Act (VAWA) as reauthorized on March 15, 2022, under the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022).

Alternatives:

HUD has no alternative to implementing the provisions of VAWA 2022. VAWA 2022 requires stakeholder consultation and rulemaking to establish VAWA compliance review processes, and to incorporate this process into existing compliance review processes, where possible. Therefore, HUD does not have the discretion to choose an alternative to rulemaking for compliance review processes. HUD has also determined that rulemaking is needed to implement new and revised statutory protections and requirements. Furthermore, prior VAWA reauthorizations were implemented through rulemaking.

Anticipated Costs and Benefits:

Executive Order 12866, as amended, requires the agency to provide its best estimate of the combined aggregate costs and benefits of all regulations included in the agency's Regulatory Plan that will be pursued in FY 2022.  HUD expects that the neither the total economic costs nor the total efficiency gains will exceed $100 million. Unlike HUD’s VAWA 2013 final rule that was published in 2016 (VAWA 2013 rule), which had costs that were primarily paperwork costs, this rulemaking has fewer paperwork costs. The benefits of HUD's rulemaking include codifying in regulation the protections that VAWA 2022 provides to applicants and tenants of covered housing programs; strengthening the rights of survivors accessing and living in covered housing programs, including existing emergency transfer rights and new rights against retaliation and prohibition and the right to report crime from one’s home; and improving and streamlining HUD’s VAWA compliance monitoring and review processes. HUD grantees are already familiar with HUD’s VAWA regulations as instituted by the 2016 final rule; this proposed rule will largely build on that regulatory framework and related forms and documents. HUD is also planning to publish a notice in the Federal Register in the Fall of 2022 that will provide initial guidance on VAWA 2022, its impact on VAWA -covered HUD programs, and HUD’s planned implementation actions. HUD believes that grantees’ prior experience with HUD’s implementation of other VAWA reauthorization legislation and HUD’s advanced notice will reduce costs by helping grantees to understand the new protections and requirements ahead of rulemaking.

Risks:

Previous and unfinished implementations of prior VAWA reauthorizations have resulted in challenges for grantees. HUD must seek to complete implementation of VAWA 2013, the Justice for All Reauthorization Act of 2016’s amendments to VAWA’s lease bifurcation provisions, and VAWA 2022, to fully implement changes to VAWA and clarify which requirements and changes HUD grantees are expected to comply with, and when those requirements and changes go into effect.