Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-01-2021, 02:45 PM
 
461 posts, read 661,013 times
Reputation: 218

Advertisements

I rent to S8 tenants. I'm about to install a tenant who is the client of a community based agency funded through HUD. The agency will pay tenant's rent for one year and may extend it for an additional year. Today, the agency wants me to sign a VAWA addendum for my lease.

I have never had to do this for a HUD tenant. Google can't find where the law is still valid. From what I could find the Act was not recertified beyond June 2017. I told the agency that the Act had expired and they sent the same form with the expiration date "whited out." In my lease, I have language that says if your guests act a fool then you are the fool too and will be tossed. The addendum is counter to my lease. I'm empathetic to anyone who is a victim of DV and happy to let them out of the lease ASAP.

Thoughts?
Reply With Quote Quick reply to this message

 
Old 03-01-2021, 02:55 PM
 
3,009 posts, read 2,195,684 times
Reputation: 10783
So, to be clear, if your tenant has someone over who "acts a fool" and victimizes your tenant, you want the ability to kick the tenant out?

I don't think I understand your question properly.
Reply With Quote Quick reply to this message
 
Old 03-01-2021, 03:05 PM
 
Location: Central Virginia
6,512 posts, read 8,290,285 times
Reputation: 18578
I don’t think you should be able to terminate a lease if your tenant is a victim of domestic violence while living there.

That’s the epitome of kick ‘em while they’re down.
Reply With Quote Quick reply to this message
 
Old 03-01-2021, 04:56 PM
 
Location: North Idaho
32,477 posts, read 47,405,393 times
Reputation: 77670
Normally, domestic violence laws concerning housing are all about letting the victim out of the lease without penalty. I'm not familiar with any law that says you must allow them to remain no matter what property damage is happening, or how much public disturbance, or how many police calls.


Perhaps OP would like to clarify the question?
Reply With Quote Quick reply to this message
 
Old 03-01-2021, 05:03 PM
 
Location: North Idaho
32,477 posts, read 47,405,393 times
Reputation: 77670
OP, if you don't like the agency's paperwork and terms, then say "no thank you" and move on. It's not like there are never any other tenants available.


Not that I understand what your issue is, but I suggest to never enter into a contract when you dislike the terms of it.
Reply With Quote Quick reply to this message
 
Old 03-01-2021, 07:37 PM
 
13,040 posts, read 20,698,725 times
Reputation: 21214
Actually, it was reauthorized through stop gap measures that extended the expiration into 2019 not 2017.

Now, they can require you to sign it as a condition of continued participation even though the law currently doesn't exist to be enforced. The form is required as it's likely going to get reauthorized this session. If that happens, HUD will require you abide by it. Your clause that could hold a victim liable if their guest is their abuses in contrary to existing laws so that part is basically meaningless under almost very state's laws. Maybe the housing agency saw that in your lease and sent the VAWA form sort of as a hint to get that stupid clause out of the lease.
Reply With Quote Quick reply to this message
 
Old 03-02-2021, 05:32 AM
 
Location: Honolulu/DMV Area/NYC
30,454 posts, read 17,876,776 times
Reputation: 34148
I'm curious to know what the addendum actually says. Even if VAWA is currently not an active law, worded properly the addendum could still cover expectations based on the language of the law as passed by Congress, even if it provides no legal (other than contractual) requirements on you.
Reply With Quote Quick reply to this message
 
Old 03-02-2021, 05:33 AM
 
Location: Honolulu/DMV Area/NYC
30,454 posts, read 17,876,776 times
Reputation: 34148
Quote:
Originally Posted by HokieFan View Post
I don’t think you should be able to terminate a lease if your tenant is a victim of domestic violence while living there.

That’s the epitome of kick ‘em while they’re down.
That's one way of looking at it. From a LL's perspective, LLs may be concerned about the prospect of violence taking place at the unit.
Reply With Quote Quick reply to this message
 
Old 03-02-2021, 09:29 AM
 
461 posts, read 661,013 times
Reputation: 218
Quote:
Originally Posted by prospectheightsresident View Post
I'm curious to know what the addendum actually says. Even if VAWA is currently not an active law, worded properly the addendum could still cover expectations based on the language of the law as passed by Congress, even if it provides no legal (other than contractual) requirements on you.
Attached addendum.
Attached Thumbnails
Violence Against Women Act (VAWA)-scan-vawa2-jpg.jpg  
Reply With Quote Quick reply to this message
 
Old 03-02-2021, 09:31 AM
 
461 posts, read 661,013 times
Reputation: 218
Quote:
Originally Posted by Rabrrita View Post
Actually, it was reauthorized through stop gap measures that extended the expiration into 2019 not 2017.

Now, they can require you to sign it as a condition of continued participation even though the law currently doesn't exist to be enforced. The form is required as it's likely going to get reauthorized this session. If that happens, HUD will require you abide by it. Your clause that could hold a victim liable if their guest is their abuses in contrary to existing laws so that part is basically meaningless under almost very state's laws. Maybe the housing agency saw that in your lease and sent the VAWA form sort of as a hint to get that stupid clause out of the lease.
I did some more Googling and looks like congress reauthorized the Act in 2020.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top