What is the Violence Against Women Act (VAWA)?
The Violence Against Women Act (VAWA) is a federal law that provides critical housing protections for survivors of domestic violence, dating violence, sexual assault, and stalking.
Under VAWA, applicants and tenants in federally subsidized housing programs cannot be denied housing, evicted, or have their assistance terminated solely because they are victims of violence. These protections apply to housing programs administered by the U.S. Department of Housing and Urban Development (HUD) and aim to enhance survivor safety while preventing homelessness.
Understanding the Core Housing Protections Under VAWA
Protection from Eviction and Denial of Assistance
VAWA ensures that survivors cannot face adverse housing actions based on their status as victims. You cannot be denied admission to or assistance from covered housing programs because you are a survivor. Housing providers are prohibited from evicting you or terminating your housing assistance solely because of incidents related to domestic violence, dating violence, sexual assault, or stalking. Additionally, you cannot be penalized for factors stemming from abuse, such as poor credit history, criminal records, or eviction history directly related to the violence.
The Right to Stay in Your Home
Even if criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking occurred in your unit, you retain the right to remain in your home. VAWA protections ensure that the actions of an abuser do not automatically result in your loss of housing.
The Right to an Emergency Transfer
Survivors have the right to request an emergency transfer for safety reasons. You can request a transfer if you reasonably believe there is a threat of imminent harm from further violence in your current unit, or if sexual assault occurred on the premises within the preceding 90 days. Housing providers are required by federal law to develop and maintain an Emergency Transfer Plan that outlines procedures for requesting and processing transfers. If you have a Section 8 Housing Choice Voucher, you must be allowed to move with continued assistance.
Confidentiality and Documentation
Strict Confidentiality
Housing providers must maintain strict confidentiality regarding your status as a survivor. Information about incidents of domestic violence, dating violence, sexual assault, or stalking cannot be shared or entered into public databases without your consent.
Self-Certification
You can provide proof of abuse by completing the HUD VAWA Self-Certification form (HUD-5382). This form allows you to document your status without requiring police reports, medical records, or other third-party verification. Housing providers cannot demand additional proof unless they have conflicting information about the incident.
Lease Bifurcation: Removing the Abuser
VAWA permits you to request that the housing provider “bifurcate” or split the lease to remove the perpetrator from both the lease agreement and the unit. This allows you to maintain your housing while ensuring the abuser no longer has legal rights to the property.
Protection from Retaliation and Coercion
Housing providers are prohibited from coercing, intimidating, threatening, or retaliating against you for exercising your VAWA rights. You have the right to call law enforcement or seek emergency assistance without fear of eviction or penalties. Local nuisance ordinances cannot be used to penalize you for crimes committed against you.
Who is Protected?
VAWA protections extend to all individuals who are currently experiencing or have previously experienced domestic violence, dating violence, sexual assault, or stalking. These protections apply regardless of sex, gender identity, or sexual orientation. Importantly, you do not need to be married to or living with the perpetrator to qualify for VAWA protections.
What Forms of Violence Are Covered?
- Domestic Violence: Crimes committed by a current or former spouse, intimate partner, or person similarly situated under domestic or family violence laws.
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- Sexual Assault: Any nonconsensual sexual act proscribed by federal, tribal, or state law.
- Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.
Understanding Your Role as a Housing Provider
As a housing provider participating in federally subsidized programs, you have legal obligations under the Violence Against Women Act (VAWA). Understanding and implementing VAWA protections is not only a legal requirement but also essential to upholding Fair Housing principles and protecting civil rights. Compliance ensures that survivors of domestic violence, dating violence, sexual assault, and stalking have access to safe, stable housing—a critical component of their safety and recovery. Housing stability allows survivors to escape abusive situations, rebuild their lives, and access supportive services without the fear of homelessness or further victimization.
Covered Housing Programs Under VAWA
VAWA’s housing protections apply to most HUD-administered housing programs. If your property receives federal funding or assistance through any of these programs, you must comply with VAWA requirements.
Overview of HUD’s Covered Programs
VAWA protections extend to a broad range of federal housing assistance programs designed to provide affordable housing to low-income individuals and families, elderly persons, people with disabilities, and those experiencing homelessness.
Public and Voucher-Based Housing
- Public Housing: Housing owned and operated by public housing authorities.
- Housing Choice Voucher (HCV) Program (Section 8): Tenant-based rental assistance that allows eligible families to choose their own housing.
- HUD-VASH: HUD-VA Supportive Housing program providing rental assistance and case management for homeless veterans.
Project-Based and Development Programs
- HOME Investment Partnerships Program (HOME): Provides grants to states and localities for affordable housing development and rental assistance.
- Housing Trust Fund (HTF): Provides funding for the production, preservation, and rehabilitation of affordable rental and homeownership housing.
- Section 202 Supportive Housing for the Elderly: Provides rental housing with supportive services for very low-income elderly persons.
- Section 811 Supportive Housing for Persons with Disabilities: Provides rental housing with supportive services for very low-income adults with disabilities.
Homelessness Assistance Programs
- Continuum of Care (CoC): Provides funding to nonprofit providers and state and local governments for homelessness assistance programs.
- Emergency Solutions Grants (ESG): Provides funding to assist people experiencing homelessness and those at risk of homelessness.
Core Responsibilities: Implementing VAWA Protections
Providing Notice of Occupancy Rights Under VAWA
Housing providers must inform all applicants and tenants of their rights under VAWA using the “Notice of Occupancy Rights” form (HUD-5380). This notice explains protections available to survivors and how to access them.
When to Provide the Notice
You must provide the Notice of Occupancy Rights and the HUD VAWA Self-Certification form (HUD-5382) at three specific times:
- At the time an applicant is denied assistance or admission to a covered housing program.
- At the time an applicant is provided assistance or admission to a covered housing program.
- With any notification of eviction or termination of assistance.
Ensuring Accessibility and Multiple Languages
VAWA notices must be accessible to individuals with disabilities and those with limited English proficiency. HUD provides the Notice of Occupancy Rights and certification forms in multiple languages, including Spanish, Chinese (Traditional and Simplified), Vietnamese, Korean, Russian, Arabic, Haitian Creole, Portuguese, Polish, Japanese, and others. These translated forms are available on HUD’s website and must be used to ensure meaningful access to VAWA protections.
Developing an Emergency Transfer Plan
All covered housing providers must develop and implement a written Emergency Transfer Plan that allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe unit. The plan must outline:
- Procedures for requesting an emergency transfer.
- Eligibility criteria for transfers.
- How transfers will be prioritized and processed.
- Options when a safe unit is not immediately available.
- Safety guidance for tenants during the transfer process.
HUD provides a model Emergency Transfer Plan that housing providers can adopt or use as a template to create their own.
Maintaining Confidentiality
Housing providers must maintain strict confidentiality regarding any information related to a tenant’s status as a victim of domestic violence, dating violence, sexual assault, or stalking. This includes:
- Not disclosing information to other tenants, the alleged perpetrator, or third parties without the victim’s written consent.
- Keeping all documentation, including HUD-5382 forms and related communications, in secure, confidential files.
- Not entering information about incidents of violence into shared databases or tenant screening systems.
Violations of confidentiality requirements can result in legal liability and harm to survivors.
Contact NCHM if you have any questions about VAWA or what steps you need to take to protect yourself or a tenant. If safety is threatened or immediate assistance is needed, please contact 911.