VAWA housing protections for survivors of abuse

Who VAWA protects

VAWA housing protections cover applicants and tenants who are, or have been, victims of domestic violence, dating violence, sexual assault, or stalking, and in many cases their household members (“affiliated individuals”). Protections apply regardless of sex, gender identity, or sexual orientation.

Covered housing

VAWA applies to most federally assisted housing, including:

• Public housing
• Housing Choice Vouchers (Section 8) and project-based vouchers
• Project-based Section 8 and other HUD multifamily programs
• Section 202 (seniors) and Section 811 (disability) housing
• HOPWA, HOME, and Housing Trust Fund housing
• Continuum of Care and Emergency Solutions Grants programs
• Low-Income Housing Tax Credit properties
• USDA Rural Development rental housing

Most unsubsidized private rentals aren’t covered by VAWA, but state and local laws often protect survivors (see below).

Core protections

You can’t be denied or evicted because you’re a survivor. A covered provider may not deny admission, deny assistance, terminate assistance, or evict you because you are or have been a victim.

Abuse isn’t your lease violation. An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking against you can’t be treated as a serious or repeated lease violation by you, or as good cause to end your tenancy or assistance.

Criminal activity by the abuser. You can’t lose your housing solely because of criminal activity directly related to the abuse that is committed by a household member, guest, or other person when you are the victim.

Lease bifurcation. The provider can remove the abuser from the lease and evict or terminate assistance for that person while allowing you and others to stay. If the abuser was the only eligible household member, you get a reasonable period to establish eligibility or move.

Limits: providers can still evict for lease violations unrelated to the abuse, applied no more strictly than to other tenants, or if they can show an actual and imminent threat to other tenants or staff that can’t be addressed by less drastic measures.

Emergency transfers

Every covered housing provider must have an emergency transfer plan. You qualify when:

• You reasonably believe you are threatened with imminent harm from further violence if you stay, or
• You were a victim of sexual assault on the premises within the 90 days before your request

and you expressly request a transfer. You can use form HUD-5383 to request it.

• Internal transfer: to another safe unit within the same program or property, without reapplying, when one is available.
• External transfer: to a different property or program, where you may need to apply as a new applicant. Providers must describe reasonable efforts to help.
• You can seek internal and external transfers at the same time.
• The new location must be kept confidential.

Voucher holders can move with continued assistance even during the initial lease term or if they’ve moved within the past year, and can port to another area immediately. See portability.

Documentation

A provider may—but doesn’t have to—ask for documentation, and only in writing. You choose which to provide:

1. HUD-5382 self-certification form
2. A statement signed by a victim service provider, attorney, medical professional, or mental health professional, and by you
3. A police, court, or administrative record
4. At the provider’s discretion, other statements or evidence

You have 14 business days after receiving the written request (the provider can extend it). You don’t need a police report or protective order.

Confidentiality

Providers must keep information about your status confidential. They can’t enter it into shared databases or disclose it unless you consent in writing, it’s needed for an eviction or termination proceeding against the abuser, or disclosure is required by law.

Notices you should receive

Covered providers must give you the Notice of Occupancy Rights under VAWA (HUD-5380) and the certification form when you’re admitted, when you’re denied, and with any eviction or termination notice.

Private rentals: state and local protections

Many states protect survivors in all housing, not just subsidized units. Depending on your state, you may be able to:

• Terminate a lease early with notice and documentation, without penalty
• Require the landlord to change the locks, sometimes at the landlord’s expense
• Prevent eviction based on being a victim or on calls to police (“nuisance” or “crime-free” ordinances are limited in some states)
• Keep the abuser out through a protective order that addresses the residence

The 2022 VAWA reauthorization also protects the right of residents, tenants, and others to seek law enforcement or emergency help without being penalized by certain local ordinances or housing policies tied to federal funding.

Getting help safely

• National Domestic Violence Hotline: 800-799-7233, or text START to 88788
• RAINN (sexual assault): 800-656-4673
• Local domestic violence programs can help with safety planning, shelter, legal advocacy, and relocation funds
• Legal aid can help with protective orders, lease termination, and VAWA enforcement

If you believe a provider violated VAWA, you can file a complaint with HUD’s Office of Fair Housing and Equal Opportunity.

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