34 USC 12492 - Compliance reviews

U.S Code last checked for updates: May 18, 2024

§ 12492.

Compliance reviews

(a)

Regular compliance reviews

(1)

In general

Each appropriate agency shall establish a process by which to review compliance with the requirements of this part, which shall—

(A)

where possible, be incorporated into other existing compliance review processes of the appropriate agency, in consultation with the Gender-based Violence Prevention Office and Violence Against Women Act Director described in section 12493 of this title and any other relevant officials of the appropriate agency; and

(B)

examine—

(i)

compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking;

(ii)

compliance with confidentiality provisions set forth in section 12491(c)(4) of this title;

(iii)

compliance with the notification requirements set forth in section 12491(d)(2) of this title;

(iv)

compliance with the provisions for accepting documentation set forth in section 12491(c) of this title;

(v)

compliance with emergency transfer requirements set forth in section 12491(e) of this title; and

(vi)

compliance with the prohibition on retaliation set forth in section 12494 of this title.

(2)

Frequency

(b)

Regulations

(1)

In general

Not later than 2 years after March 15, 2022, each appropriate agency shall issue regulations in accordance with section 553 of title 5 to implement subsection (a) of this section, which shall—

(A)

define standards of compliance under covered housing programs;

(B)

include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers; and

(C)

include standards for corrective action plans where compliance standards have not been met.

(2)

Consultation

In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate—

(A)

individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and

(B)

individuals and organizations with expertise in the administration or management of covered housing programs, including industry stakeholders and public housing agencies.

(c)

Public disclosure

Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection—

(1)

includes an evaluation of each topic identified in subsection (a); and

(2)

is made publicly available.

(Pub. L. 103–322, title IV, § 41412, as added Pub. L. 117–103, div. W, title VI, § 602, Mar. 15, 2022, 136 Stat. 882.)

cite as: 34 USC 12492