Resource Center

Cases

Metro N. Owners LLC v. Thorpe (N.Y. Civ. Ct. 2008)
Landlord sought to evict Section 8 tenant on the grounds that she stabbed her partner during a domestic dispute. The tenant submitted police reports and a restraining order showing that she was the victim of domestic violence, along with evidence that the district attorney’s office declined to prosecute her for the alleged stabbing. The court found that the tenant was the victim of domestic violence, and that VAWA precluded the landlord from evicting her.

Pittman v. Dakota County Cmty. Dev. Agency (Minn. Ct. App. 2009)
The housing authority initiated termination proceedings against a Section 8 voucher tenant for having an unauthorized occupant. At the informal hearing, the voucher tenant testified that this person had been physically violent toward her on several occasions, and introduced evidence demonstrating that he lived at another address. Despite this, her assistance was terminated. The appellate court reversed the termination because the hearing officer disregarded the tenant’s evidence and mitigating circumstances, including the fact that she was the victim of domestic violence perpetrated by the alleged unauthorized occupant.

Bouley v. Young-Sabourin (D. Vt. 2005)
A tenant was evicted after her husband assaulted her. The tenant alleged that the landlord evicted her because she was a victim of domestic violence, and that this constituted sex discrimination in violation of the Fair Housing Act. The court denied the landlord’s motion for summary judgment.

Robinson v. Cincinnati Hous. Auth. (S.D. Ohio 2008)
A tenant requested a transfer to another public housing unit after she was attacked in her home. The housing authority denied her request, stating that its policy did not provide for domestic violence transfers. The tenant alleged that by refusing to grant her occupancy rights granted to other tenants based on the acts of her abuser, the housing authority intentionally discriminated against her on the basis of sex. The court denied her motion for a temporary restraining order and preliminary injunction.

Alvera v. Creekside Village Apartments (Or. 2001)
A management company sought to evict a tenant under a “zero tolerance for violence” policy because her husband had assaulted her. HUD found that a policy of evicting innocent victims of domestic violence because of that violence has a disproportionate impact on women, and found reasonable cause to believe that the tenant had been discriminated against because of her sex. Download Alvera Reasonable Cause Finding or Alvera Charge of Discrimination.

Hous. Auth. of St. Louis County v. Boone (Mo. Ct. App. 1988)
In this pre-VAWA case, a public housing tenant requested that the housing authority remove her husband from the lease after he fired a gun in the apartment. Shortly thereafter, the tenant informed the housing authority that she had separated from her husband. She requested a hearing and asked for a rent adjustment based on the change in her family composition and income. At the hearing the tenant submitted a restraining order she had obtained against her husband, but the housing authority refused to act on the tenant’s request to remove him from the lease. The court ordered the housing authority to reduce the tenant’s rent to reflect the change in her family composition, to terminate the husband’s tenancy, and to renew the tenant’s lease for one year.

1985 N.Y. Att’y Gen. Op. 45 (1985)
This opinion from the New York Attorney General’s Office states that a landlord may not require a married applicant for housing, who has been subjected to domestic violence, to obtain a divorce as a condition to renting an apartment. The opinion also states that a landlord may not adopt an across-the-board rule barring rentals to victims of domestic violence.

Articles

HUD Publishes Violence Against Women Act Interim Rule
This Housing Law Bulletin article summarizes the key provisions of HUD’s VAWA interim rule, which amended subsidized housing regulations to incorporate VAWA’s protections for survivors of domestic violence, dating violence, and stalking.

HUD Issues VAWA Guidance for Project-Based Section 8 Owners
This Housing Law Bulletin article summarizes a notice that HUD issued to project-based Section 8 owners regarding their obligations to comply with VAWA. The notice is particularly significant given that HUD field offices had previously misinformed project-based owners that they were not obligated to implement VAWA, and several advocates have reported that project-based owners are unaware of their obligations under the statute.

State and Local Housing Protections for Domestic Violence Victims Gaining Momentum
Advocates throughout the country are lobbying for or implementing a variety of state and local housing protections for survivors of domestic violence, sexual assault, and stalking. These efforts build upon the recent movement within the domestic violence and housing advocacy communities to address obstacles that survivors often face in maintaining housing, such as being evicted for calling the police or because the batterer caused a noisy disturbance at the dwelling. This Housing Law Bulletin article summarizes state and local housing protections available to survivors.

Housing Benefits for Qualified Aliens Who Are Battered Still in Question
In 2003, Congress directed HUD and the Justice Department to interpret housing statutes consistently with immigration and public benefits statutes so that qualified alien battered immigrants would be eligible for federally subsidized housing. However, qualified alien battered immigrants continue to be denied housing benefits that are necessary to escape abuse. This Housing Law Bulletin article summarizes the current state of the law regarding battered immigrants’ eligibility for federally subsidized housing.

Materials

Violence Against Women Act Housing Toolkit
The Advocates’ Toolkit is designed to provide an overview of VAWA’s housing provisions and includes recent legal developments, sample advocacy materials (including pleadings and demand letters), and administrative guidance.

California Civil Code 1946.7 Toolkit
California Civil Code § 1946.7 permits survivors of domestic violence, sexual assault, or stalking to end their leases early if they provide their landlords with a written 30-day notice and either a restraining order or police report. The Toolkit Contains:
1. A Q&A explaining the law in plain English.
2. A sample 30-day notice that survivors can use to end their leases.
3. Safety planning concerns that should be addressed when using the law.
4. PowerPoint slides outlining the new law.
5. The text of Civil Code § 1946.7

Introductory Outline on Housing Protections for Survivors of Violence
This outline provides an overview of the protections available to survivors of domestic violence, dating violence, sexual assault, and stalking under the Violence Against Women Act and fair housing laws. It summarizes recent litigation as well as administrative guidance from the Department of Housing and Urban Development.

Comments on Housing Authorities’ Domestic Violence Policies
Under VAWA, housing authorities are required to state in their annual plans how they are serving the housing needs of survivors of domestic violence, dating violence, stalking and sexual assault. Advocates can play a vital role during the annual planning process by urging their housing authorities to adopt policies that protect survivors’ housing rights. The following documents are comments that advocates have submitted to encourage their local housing authorities to improve survivors’ access to housing.

Alameda City Comments
Los Angeles City Comments
San Diego Comments
Oakland Comments
San Francisco Comments
Los Angeles County Comments

Sample Housing Authority Domestic Violence Policy
To ensure maximum compliance with VAWA, housing authorities should update their Section 8 administrative plans and public housing admissions and continued occupancy policies (ACOP) to include policies that protect survivors’ housing rights. This document contains sample VAWA language that can be incorporated into the administrative plan and ACOP.

Sample VAWA Notices
Under VAWA, housing authorities are required to provide notice to public housing and Section 8 owners and tenants regarding their rights and obligations under the statute. The following documents are sample notices that housing authorities can use as part of fulfilling this obligation.

Notice for Public Housing Tenants
Notice for Section 8 Voucher Tenants
Notice for Section 8 Voucher Owners
Notice for Project Based Section 8 Tenants
Notice for Project-Based Section 8 Owners

Introductory Outline on Sexual Harassment in Housing
Due to the ever-growing demand for decent, affordable housing, landlords hold increased power over whom they rent to and under what circumstances. As a result of this power imbalance, many tenants are subjected to sexual harassment by housing providers and their agents. Examples of such harassment include requesting sexual favors in exchange for rent, making sexually derogatory comments, or constantly leering and staring at a tenant or applicant. When the harassment disrupts the tenant’s right to enjoy his or her housing, federal fair housing laws as well as state and local laws may protect the tenant. This outline explains what statutes exist to protect tenants and how to enforce them.

Tenant Resources in Spanish and English
These brochures are designed for tenants and include basic information on several topics relevant to the housing rights of victims of domestic and sexual violence. Primary support for the brochures was provided by Verizon Wireless.

Statutes, Regulations and Administrative References

Statutory Compendium
NHLP has compiled all of VAWA’s statutory provisions relating to housing in an easy-to-use table. This document is designed to help advocates identify the statutory provision that applies depending on whether the client is participating in the public housing, project-based Section 8 or Section 8 voucher program.

HUD Programs: Violence Against Women Act Conforming Amendments
In November 2008, HUD issued an interim rule that amended subsidized housing regulations, including those governing the public housing and Section 8 programs, to incorporate VAWA’s protections for survivors of domestic violence, dating violence, and stalking.

Notice to Project-Based Section 8 Owners
In October 2009, HUD issued a notice providing guidance to project-based Section 8 owners on implementation of VAWA. The notice transmitted a lease addendum (Form HUD-91067) for use with the HUD model lease for the project-based Section 8 program. The notice also transmitted a HUD-approved form (Form HUD-91066) to be used by tenants in certifying that an incident of domestic violence, dating violence, or stalking has occurred.

VAWA: Applicability to HUD Programs
In March 2007, HUD published a Federal Register Notice providing an overview of key VAWA provisions that affect HUD programs and identifying provisions that require program participants to take action to be in compliance. The notice reminds PHAs that they must include a VAWA statement in their annual plans. It also provides some guidance regarding the documentation that a survivor may provide to certify that an incident of domestic violence, dating violence, or stalking has occurred.

Certification of Domestic Violence, Dating Violence or Stalking
If an individual seeks to assert VAWA’s protections, a housing authority or owner may request that the individual provide certification that an incident of domestic violence, dating violence or stalking has occurred. One way in which an individual may satisfy the request for certification is by completing a HUD-approved certification form. Inside are links to Form HUD-50066, which is used in the public housing and Section 8 voucher programs, and Form HUD-91066, which is used in the project-based Section 8 program.

Public Housing Occupancy Guidebook
HUD’s Public Housing Occupancy Guidebook includes a chapter on domestic violence. This document contains helpful language encouraging housing authorities to adopt domestic violence preferences and to accept a broad range of evidence as proof of domestic violence.

HUD Guidance on Sexual Harassment and Housing
This memorandum from HUD’s office of Fair Housing and Equal Opportunity addresses general questions about sexual harassment in housing under the Fair Housing Act.

NHLP Publishes Compendium of Domestic Violence and Housing Laws
NHLP is pleased to announce the publication of “Housing Rights of Domestic Violence Survivors: A State and Local Law Compendium.” This Compendium compiles state and local laws that affect domestic violence survivors’ housing rights. It is designed to serve as a starting point for advocates seeking to conduct research on the housing protections that their state laws offer for domestic violence survivors.

Links

ACLU Women's Rights Project
The ACLU Women’s Rights Project website contains litigation documents, fact sheets and other materials regarding survivors’ housing rights.

Legal Momentum
Legal Momentum’s website contains a variety of materials on survivors’ housing rights, including statistics and litigation documents.

National Law Center on Homelessness and Poverty
National Law Center on Homelessness and Poverty’s website contains policy documents, reports and information on state law housing protections for survivors of domestic violence.