The Rights of Domestic Violence Survivors in Public and Subsidized

I What sort of housing discrimi- housing can be evicted for criminal activi- ing voucher program. An individual cannot nation do women who have expe- ty engaged in by their guests or people be denied a housing voucher simply “under their control” when that activity because she has been a victim of domes- rienced domestic violence face? threatens others’ health, safety, or right to tic violence, dating violence, or stalking, Sometimes believe that they can peaceful enjoyment of the premises. and a is not permitted to deny ensure safety on their properties by keeping Some PHAs previously relied on this rule housing to a voucher holder just because domestic violence survivors out. To do this to evict victims of domestic violence based she has been a victim of violence. In addi- landlords sometimes evict victims of domes- on the violence of their abuser. Under tion, a landlord cannot evict a voucher tic violence or deny applications from women VAWA, a PHA can only evict an individual holder based on the violence against her who have experienced domestic violence in based on the domestic violence against unless the landlord can show that there is the past. These landlords often explain their her if it can prove there is an “actual and an “actual and imminent threat” to other actions by pointing to “zero tolerance” or imminent threat” to other tenants or staff tenants or staff if she is not evicted, and a “one strike” policies that permit the eviction if she is not evicted. PHA cannot terminate voucher assistance of a tenant if any criminal activity occurs in to an individual based on the violence her . Such policies fail to take into unless it can show an “actual and immi- Do these rules apply to other account whether an individual was a victim I nent threat” to other tenants or staff if of violence or the perpetrator. low-income housing? assistance is not terminated. The same protections against discrimi- I What protections do women nation apply in project-based Federal law does not specifically address the rights of survivors of domestic vio- who have experienced domestic housing. In other words, a project-based Section 8 landlord cannot deny housing lence in other kinds of housing. However, violence have from to someone because she has been a vic- housing discrimination against women in ? tim of domestic violence, dating vio- who have experienced domestic violence may violate other laws, such as laws pro- The Act of 2005 lence, or stalking and cannot evict an hibiting sex discrimination in housing or (VAWA) prohibits public housing authori- individual based on the domestic vio- state laws that specifically address the ties (PHAs) from denying admission to any lence she has experienced unless it can housing rights of victims of domestic vio- person simply because she has been a show that there is an “actual and immi- lence. For more information, consult with victim of domestic violence, dating vio- nent threat” to other tenants or staff if an attorney, or contact the ACLU Women’s lence, or stalking. It also requires PHAs to she is not evicted. Rights Project. use leases that make clear that domestic violence, dating violence, or stalking is not In addition, victims of domestic violence, continued on reverse good cause for evicting the victim of that dating violence, or stalking are protected violence. In general, tenants in public from discrimination in the Section 8 hous-

The Violence Against Women Act of 2005 (VAWA) requires public housing authorities to use leases that make clear that domestic violence, dating violence, or stalking is not good cause for evicting the victim of that violence. I What is an “actual and immi- not be permitted to rely on mere stereo- I Can my abuser be evicted types or assumptions about domestic vio- nent threat”? from public housing or Section 8 lence or battered women in making this Because VAWA has become law so recent- showing, but would have to provide actual housing? ly, it is not yet clear how this language will proof about the specific situation. Tenants Yes. VAWA makes clear that a PHA, proj- be interpreted. At the very least, however, and their advocates should also explore ect-based Section 8 landlord, or a landlord the law appears to require the PHA or land- with PHAs or landlords whether there are accepting a Section 8 voucher can evict an lord to put forward specific evidence proving ways, short of eviction, of addressing any abuser while allowing the rest of the that there is a real threat to other tenants or such threat—e.g., evicting the abuser or household to remain. This is called “bifur- to staff if the victim of domestic violence is allowing the tenant to move to a new unit cating” a lease. not evicted or her voucher is not terminat- where her abuser cannot locate her. ed. Presumably, a PHA or landlord would

How can I prove that I am a victim of domestic violence?

A PHA, a project-based Section 8 landlord, or a landlord accept- The certification must include the name of the perpetrator. A ten- ing a voucher can ask a tenant to “certify” that she is a victim in ant must be given at least 14 business days to obtain one of these order to determine whether the VAWA protections apply to her. documents. A PHA or landlord can grant more time and can also The tenant can show that she has experienced this violence by accept other forms of proof, at the PHA or landlord’s discretion. providing any one of the following: Must a PHA or Section 8 landlord keep this infor-

I A written, signed statement from a victim services mation confidential? provider saying that the provider believes the Yes. In general any information that a tenant provides about the vio- incidents in question were acts of domestic violence, lence against her must be kept confidential by the PHA or landlord dating violence, or stalking against the tenant. unless the tenant agrees that the PHA or landlord can share the information with someone else. A PHA or landlord may disclose this I A written, signed statement from a medical information, however, if the information is necessary to an eviction professional saying that the medical professional proceeding (e.g., in order to evict an abuser). A PHA or landlord can believes the incidents in question were acts of also disclose this information if required to do so by law. domestic violence, dating violence, or stalking against the tenant.

I A written, signed statement from an attorney For more information about housing discrimina- saying that the attorney believes that the incidents in question were acts of domestic violence, dating tion against domestic violence victims, contact: violence, or stalking against the tenant. American Union I A police record that indicates the tenant was a victim Women’s Rights Project of domestic violence, dating violence, or stalking. 125 Broad Street, 18th Floor New York, New York 10004 I A court record (e.g., a protective order) that indicates the tenant was a victim of domestic violence, dating (212) 549-2644 violence, or stalking. [email protected]

What can I do to enforce these rights? If you are a survivor of domestic violence, dating violence, or stalking and believe your PHA or Section 8 landlord is violating VAWA, contact an attorney who can explain to your PHA or landlord what the law requires and advise you on whether and how to make a complaint. If your PHA or land- lord is attempting to evict you in violation of VAWA, you can defend against the eviction by arguing that VAWA prohibits punishing victims of domestic violence for the acts of their abusers except in certain narrow circumstances. In some instances, you may also be able to file a lawsuit in court asserting your rights. An attorney can help you determine your options.