9/24/12  

1  

ENFORCING THE VAWA HOUSING RIGHTS OF SURVIVORS OF DOMESTIC VIOLENCE

Presented by Lisa M. Coleman, Esq. Domestic Violence Staff Attorney at the National Law Center on Homelessness & Poverty

1

This project was supported by Grant No. 2011-TA-AX-K058 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Overview

¨  Introduction ¨  VAWA Housing Protections ¨  VAWA Limitations & Recommendations for Other

Legal Strategies ¨  Advocacy Tips ¨  Questions

2

Domestic Violence & Housing

¨  Domestic violence is a leading cause of housing instability

¨  13% of homeless women report domestic violence or abuse as a reason for their homelessness

¨  18% of U.S. cities surveyed in 2011 reported that domestic violence was a primary cause of homelessness

3

9/24/12  

2  

Barriers to Stable Housing

¨  Lack of steady income ¨  Negative credit history ¨  Prior evictions ¨  Control of lease by abuser ¨  Lack of knowledge of housing protections

4

VAWA

¨  Violence Against Women Act of 2005 ¨  Protects the housing rights of applicants and tenants

who are survivors of domestic violence, dating violence, or stalking in certain federally subsidized housing programs

¨  Prohibits survivors from being evicted or denied housing assistance because of acts of violence committed against them

5

Housing Covered under VAWA

¨  Public housing ¨  § 8 voucher program

¨  Project-based § 8 developments

¨  Other HUD programs ¨  Department of Agriculture’s

Rural Housing Service Programs

¨  Low Income Housing Tax Credit (LIHTC) funded housing

¨  Private property

COVERED NOT COVERED

6

9/24/12  

3  

Who is Covered under VAWA?

¨  Any person who is or has been a victim of actual or threatened domestic violence, dating violence, or stalking as defined by VAWA

¨  Any person who is protected by state family violence laws

¨  Immediate family members of survivor

7

What Rights are Afforded

¨  Rights to confidentiality ¨  Protections in applying for housing ¨  Rights to move or transfer ¨  Protections against evictions and subsidy

terminations ¨  Lease/Subsidy bifurcation

8

Rights to Confidentiality

¨  Housing providers must keep info survivor provides for certification confidential

¨  Housing providers may not enter info into a shared database or provide to another entity

9

9/24/12  

4  

Protection in Applying for Housing

¨  Housing providers may not deny an applicant admission to housing or rental assistance “on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking.”

¨  In practice denial is not typically explicit ¨  VAWA does not explicitly address denials in housing

based on negative tenancy or credit history ¨  PHA’s must consider nature of negative history

10

Rights to Move or Transfer

¨  Tenant may continue to receive voucher assistance if a survivor of violence, moved to protect health or safety, and reasonably believed she was imminently threatened by harm

¨  VAWA does not address emergency transfers from public housing

¨  Look to the PHA’s Admissions and Continued Occupancy Policy (ACOP)

11

Protections Against Evictions & Subsidy Terminations

¨  VAWA provides that criminal activity directly relating to DV must not be considered cause for eviction or subsidy termination for the survivor

¨  1 act triggers VAWA protections ¨  Physical act or threat of physical act triggers VAWA

protections

12

9/24/12  

5  

Removing Abuser from Household

¨  Housing provider can “bifurcate” a lease ¨  Survivor should immediately request recertification

of household income ¨  Survivor should immediately request the abuser be

removed from the voucher

13

Other PHA Obligations

¨  Provide notice of VAWA rights to tenants and landlords

¨  Include VAWA housing protections in the leases, lease addendums, and housing assistance contracts

¨  Discuss domestic violence, stalking, and sexual assault in 5-year and annual plans

14

Asserting Survivors’ Rights

¨  Certification: Provide proof of domestic violence, dating violence, or stalking at the housing provider’s request

¨  Housing provider may rely on statement or require written certification within 14 days

¨  Survivor may self-certify, obtain statement from qualified third-party, or via police/court record

15

9/24/12  

6  

VAWA Limitations

¨  Exclusion of survivors of sexual assault ¨  Limited application to federally assisted housing

programs ¨  Ambiguity on the rights of abused immigrants ¨  Few transfer and portability options

16

VAWA Amendment Recommendations

¨  Expand all VAWA housing protections to include survivors of sexual assault and abused immigrants

¨  Expand VAWA housing protections to additional federal housing programs

¨  Expand portability and transfer options for victims of domestic violence, sexual assault, dating violence and stalking

17

Advocacy Tips

¨  Educate clients ¨  Revise intake forms ¨  Encourage documentation of abuse ¨  Train housing providers on the nature of domestic

violence ¨  Emphasize confidentiality when relocating or

bifurcating lease ¨  VAWA is the “floor” not the “ceiling” ¨  Enact more protective state and local laws

18

9/24/12  

7  

Additional Resources

Statutes:

  42 U.S.C. § 1437f (project-based Section 8 and Section 8 vouchers) 42 U.S.C. § 1437d (public housing)  42 U.S.C. § 1437c-1 (public housing agency plans) 42 U.S.C. § 14043e (findings) 42 U.S.C. §§13925(a)(6), 13925(a)(8), 1437d(u)(3)(c), 1437f(f)(10) (definitions of domestic

violence, dating violence, and stalking) 42 U.S.C. §§ 1437d(c)(3); 1437f(c)(9)(A); 1437f(d)(1)(A); 1437f(o)(B) (prohibition against denial

of admissions or housing assistance based on status as survivor of domestic violence, dating violence, or stalking)

Regulations:

  24 C.F.R part 5: Protection for Victims of Domestic Violence in Public and Section 8 Housing Regulations implementing VAWA are also found throughout 24 C.F.R. parts 91, 880, 882, 883,

884, 886, 891, 903, 960, 982, and 983.  

19

Additional Resources 20

Administrative Materials:   HUD Programs: Violence Against Women Act Conforming Amendments, Interim Rule, 73

Fed. Reg. 72,336 (Nov. 20, 2008). Form HUD-50066: The HUD-approved certification form that applicants and tenants in

public housing and the Section 8 voucher program may use to certify that they are victims of domestic violence, dating violence, or stalking. http://www.hud.gov/offices/adm/hudclips/forms/hud5.cfm

Form HUD-50066, Alternate Languages: Form HUD-50066 is available in Arabic, Cambodian, Chinese, Creole, French, Hmong, Korean, Lao, Russian, Spanish, and Vietnamese. http://www.hud.gov/offices/adm/hudclips/forms/files/50066-langs.pdf

Form HUD-91066: The HUD-approved certification form that applicants and tenants in the project-based Section 8 program may use to certify that they are victims of domestic violence, dating violence, or stalking. http://www.hud.gov/offices/adm/hudclips/forms/hud9.cfm

Additional Resources 21

Administrative Materials (cont’d): HUD Notice H 09-15: Provides guidance to owners and managers

administering project-based Section 8 properties. http://www.hud.gov/offices/adm/hudclips/notices/hsg/09hsgnotices.cfm

HUD Notice PIH 2007-5: Transmits the revised Housing Assistance Payments (HAP) contract and the revised Tenancy Addendum for the Section 8 voucher program. http://www.hud.gov/offices/adm/hudclips/notices/pih/07pihnotices.cfm

HUD Notice PIH 2006-42: Transmits Certification Form HUD-50066 and provides guidance to PHAs and owners regarding certification of incidents of abuse. http://www.hud.gov/offices/adm/hudclips/notices/pih/06pihnotices.cfm http://www.hud.gov/offices/adm/hudclips/notices/pih/06pihnotices.cfm

9/24/12  

8  

Lisa M. Coleman, Domestic Violence Staff Attorney

lcoleman@nlchp.org

(202) 638-2535, ext. 211

QUESQUTIONS???

22