| home | site map | mission & moto | employment | contact us | quick links | dates closed | housing operations |

| application info | offered programs | housing choice voucher facts | family self sufficiency | faq section 8 | violence against women |

| hud’s public housing info | home ownership | safety | maintenance | resident services | community activities |

VIOLENCE AGAINST WOMEN AND DEPARATMENT OF JUSTICE REAUTHORIZATION ACT OF 2005 became Public Law 109-162
Copies are available at http://thomas.loc.gov by clicking on “Public Laws”.

PHAs are now prohibited from denying admission or housing assistance to any applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking if the applicant otherwise qualifies for admission or housing assistance.

VAWA provides that a family may move to another jurisdiction with if they hold a housing voucher after leaving a unit in violation of the lease if the family moved to protect the safety of a domestic violence victim.  VAWA creates an exception to the “one-strike” policy for victims of domestic violence, dating violence, or stalking.

A household cannot be evicted for acts of domestic violence of which a member of the household is the victim.  Even if the acts of domestic violence were committed by the household member’s guest, another member of the household, or other person under the tenant’s control.  The Housing Authority retains the authority to terminate the tenancy of any tenant if it can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant’s tenancy is not terminated.

A tenant who the Housing Authority is seeking to terminate due to criminal activity can assert that she/he falls under the domestic violence exception by notifying the authority office.  If requested, the individual must provide certification within 14 business days after a written request.  The certification may be requested at the discretion of the housing authority.  If not provided, the housing authority may evict any tenant or lawful occupant that commits a violation of the lease.  The housing authority may request that the individual certify via a HUD-approved certification form that:  the individual is a victim of domestic violence, dating violence, or stalking, and that the incident or incidents in question are bona fide incidents of such actual or threatened abuse.  Such certification shall include the name of the perpetrator.  By providing documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance.  In which the professional attests under penalty of perjury to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, dating violence, or stalking has signed or attested to the documentation.  Tenant can produce a Federal, State, tribal, territorial, or local police or court record.

VAWA requires the issuance of a “HUD approved certification form” for victims of abuse to use in the event that a housing authority or Section 8 owner requests that a victim of abuse certify that the alleged incidents of abuse are bona fide.

The housing authority may evict only the wrongdoer and not the entire family in cases of domestic violence.

                                                                                                                                                Revised March 2007