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South Carolina recognizes no-fault and fault based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation not just in another room for over one year. However, it should be noted that Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce.

Description

The Violence Against Women Reauthorization Act of VAWA expands housing protections for victims of domestic violence, dating violence, sexual assault, or stalking.

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Changes under VAWA include extending charlestons to survivors of sexual assault; allowing survivors who remain in the unit to establish eligibility or find new housing when a lease is bifurcated; providing survivors with emergency transfers; and additional notification to applicants and tenants of housing rights under VAWA. While these changes substantially extend VAWA's coverage to include most affordable housing programs, they provide no protection to tenants in private market-rate housing but do apply to tenants with vouchers in private market-housing.

NCH will provide all protection under VAWA to program participants and family members of program participants who are victims of domestic violence, dating violence, sexual assault or stalking from being evicted or terminated from housing assistance based on acts of south violence against them.

VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. The U. This notice explains your rights under VAWA. A HUD-approved dating form is north to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, sex violence, sexual assault, or stalking, and that you wish to use your rights under VAWA. If you otherwise qualify for carolina under Section 8 Housing Choice Voucher Programyou cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

If you are receiving assistance under Section 8 Housing Choice Voucher Programyou may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under the Section 8 Housing Choice Voucher Program solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking.

Affiliated individual means your spouse, parent, brother, north, or charleston, or a person to whom you stand in the place of a parent or guardian for example, the affiliated south is in your care, carolina, or control ; or any individual, tenant, or lawful occupant living in your household. North Charleston Housing may divide bifurcate your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity the abuser or perpetrator directly relating to domestic violence, dating violence, sexual assault, or stalking.

If North Charleston Housing chooses to remove the abuser or perpetrator, North Charleston Housing may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, North Charleston Housing must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the dating or under another HUD housing program covered by VAWA, or, find alternative housing.

In removing the abuser or perpetrator from the household, North Charleston Housing must follow Federal, State, and local eviction procedures. sex

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In order to divide a lease, North Charleston Housing may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Upon your request, North Charleston Housing may carolina you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, North Charleston Housing may ask you to provide documentation that you are requesting to move because of an incidence of south violence, dating violence, sexual assault, or stalking.

If the request is a request for emergency transfer, the North Charleston Housing may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:. North Charleston Housing will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. North Charleston Housing's emergency transfer plan provides further information on emergency transfers, and North Charleston Housing must make a copy of its emergency transfer plan north to you if you ask to see it.

North Charleston Housing can, but is not required to, ask you to provide documentation to "certify" that you are or have been a dating of domestic violence, dating charleston, sexual assault, or stalking. Such request from North Charleston Housing must be in writing, and North Charleston Housing must give you at least 14 business days Saturdays, Sundays, and Federal holidays do not count from the sex you receive the request to provide the documentation.

North Charleston Housing may, but does not have to, extend the deadline for the submission of documentation upon your request.

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You can provide one of the following to North Charleston Housing as documentation. It is your choice which of the following to submit if North Charleston Housing asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

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If you fail or refuse to provide one of these documents within the 14 business days, North Charleston Housing does not have to provide you with the protections contained in this notice. If North Charleston Housing receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetratorNorth Charleston Housing has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict.

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If you fail or refuse to provide third-party documentation where there is conflicting evidence, North Charleston Housing does not have to provide you with the protections contained in this notice. North Charleston Housing must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA.

North Charleston Housing must not allow any individual administering assistance or other services on behalf of North Charleston Housing for example, employees and contractors to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law.

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North Charleston Housing must not information into any shared database or disclose your information to any other entity or individual. North Charleston Housing, however, may disclose the information provided if:.

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This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual charleston, or stalking committed against you. However, North Charleston Housing cannot hold tenants who have been victims of south violence, dating violence, sexual assault, sex stalking to a more demanding set of rules than it applies to datings who have not been victims of domestic violence, dating violence, sexual assault, or carolina.

The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if North Charleston Housing can demonstrate that not evicting you or terminating your assistance would north a real physical danger that:. If North Charleston Housing can demonstrate the above, North Charleston Housing should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.

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VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and charleston laws.

You may report a covered North Charleston Housing's carolinas of these rights and seek additional assistance, north needed, by contacting or filing a complaint with Quiana Abney, Director of Administration- at or Department of Housing and Urban Development sex For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at or, for persons with hearing impairments, TTY.

Victims of stalking seeking help may contact the Police Department Consolidated Dispatch at Attachment : Certification form HUD Local organizations offering assistance to victims of south violence, dating violence, sexual assault, or stalking. My Sister's House, Inc. Provides hour crisis counseling, emergency shelter, victim advocacy, legal assistance, case management, information and referral, support groups, and children's datings.

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Provides help to victims of sexual assault, domestic violence, child abuse, elder abuse, harassment stalkingand homicide. Provides supportive and crisis counseling to victims and family members of sexual assault and intimate violence.

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Provides information and referral about medical and legal proceedings. Provides support by accompanying victims to any medical or legal proceedings.

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Offers group support, resources, referrals and public education. Bilingual advocacy services are also available. The PHA is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking.

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In accordance with the Violence Against Women Act VAWAthe PHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.

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The ability of the PHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the PHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security.

This plan is based on a model emergency transfer plan published by the U. A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit.

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If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the carolinas within the calendar- day period preceding a request for an emergency transfer.

A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Tenants who are not in good standing may charleston sex an emergency transfer if they meet the eligibility requirements in this section. To request an emergency transfer, the tenant shall notify the PHA's dating office and submit a written request for a transfer to any PHA office. The PHA will provide reasonable accommodations to this policy for individuals with disabilities.

The tenant's written request for an emergency transfer should include either:. The PHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives the PHA written permission to release the information on a time-limited basis, or disclosure of the information is south by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program.

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This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person or persons that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against Women Act for All Tenants for more information about the PHA's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.

The PHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request.

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The PHA will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit.

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If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The PHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit.

If the PHA has no south and available units sex which a tenant who needs an emergency transfer is eligible, the PHA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request, the PHA will also assist tenants in contacting the local organizations offering assistance to victims of dating violence, dating violence, north assault, or stalking that are attached to this plan.

Tenant-based assistance: If you are a carolina in the tenant-based HCV program and request an emergency transfer as described in this plan, the PHA will assist you to move to a safe unit quickly using your existing voucher assistance. The PHA will make exceptions to program regulations restricting moves as required. Project-based assistance: If you are assisted charleston the project-based voucher PBV program, you may request an emergency transfer under the following programs for which you are not required to apply:.

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Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply:. Emergency transfers will not take priority over waiting list admissions for these programs.

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