Education for Justice                  FACT SHEET H-22                       Fall 2009

 

SUBSIDIZED HOUSING RIGHTS FOR

VICTIMS OF DOMESTIC VIOLENCE

 

 

VICTIMS OF DOMESTIC VIOLENCE IN SUBSIDIZED HOUSING HAVE RIGHTS

There is a federal law that helps you if you or an immediate family member are a victim of domestic violence and apply for or live in Public Housing, Subsidized Housing or Section 8 Voucher Programs.  It is called VAWA.  VAWA stands for the Violence Against Women Act.  It says that a housing program cannot turn you down for housing, terminate you or evict you because of your abuser’s actions against you or a family member

 

Domestic violence can be violence against you or a family member, dating violence and stalking.  The housing agency or landlord can ask you to prove the domestic violence.  They may terminate the lease for the abuser and keep renting just to you.  This law does not mean that the housing agency or landlord cannot enforce other housing program rules or other terms of the lease.

 

HOW DO I KNOW IF VAWA CAN HELP ME?

Look at the boxes below.  Pick the one that is about your situation- are you applying or already a tenant?  If you answer “Yes" to all 4 questions in the box you picked, then you may be protected by VAWA.  Use the notice that comes with this fact sheet to tell the housing authority or landlord that you are protected by VAWA and what you want.  Make sure you sign the letter and keep a copy for yourself.

 

APPLYING                                                                                                Yes       No

I applied for public housing, a subsidized apartment, or Section 8 Voucher                     

My application was denied                                                                                          

Someone in my household has been a victim of domestic violence                                 

My application was denied because of what the abuser did                                           

 

 

ALREADY A TENANT                                                                             Yes       No

I live in public housing, subsidized apartment, or have a Section 8 Voucher                    

I got a notice of lease violation, a notice of termination or eviction papers                      

Someone in my household has been a victim of domestic violence                                 

I am being terminated or evicted because of what the abuser did

                                                                                                                                 

 

If you are not safe because of domestic violence call: 1 (800) 289-6177.  If you need more information, legal help to claim your rights under VAWA, or have been told that VAWA does not apply to you, call your legal services office.  

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W- Suite 101B

St. Paul, MN  55114

Don’t use this fact sheet if it is more than 1 year old.

Write us for updates, a fact sheet list, or alternate formats.

Fact Sheets aren’t a complete answer to a legal problem.

See a lawyer for advice.

 

 

 

 

 

VAWA NOTICE

 

TO:                 Housing Authority/Section 8 Program/Landlord

 

FROM:           Name:  ________________________________________________________

 

                        Address: _______________________________________________________

                                                           

DATE:            ______________________

 

I am, or my immediate family member is, a victim of domestic violence, dating violence or stalking.  The Violence Against Women Act (VAWA), Pub. L. 109-162 (January 2006), applies to me.

I cannot

 

               have my housing application denied

               have my lease terminated

   be evicted

   be treated differently than others

 

for reasons that are the result of the domestic violence, dating violence or stalking that has happened to me or my family member.

 

Please:

 

               apply my VAWA rights when reviewing my application

               apply my VAWA rights when reviewing an alleged lease violation

               apply my VAWA rights and take my abuser off my lease and make a new lease agreement with me

               apply my VAWA rights when considering termination of my lease

               apply my VAWA rights when considering evicting me

               apply my VAWA rights and give me new Section 8 Voucher papers to move

               apply my VAWA rights and give me new Section 8 Voucher papers to port my Voucher out of your program to a new location

               apply my VAWA rights to (other) ______________________________________

 

Please contact me for any information that you need in order to provide me with my VAWA rights.

 

Please do not give out the information in this Notice to anyone, especially my abuser, without my written permission.

 

 

______________________________________________________________

(Signature)

 

 

 

(KEEP A COPY OF THIS NOTICE FOR YOUR OWN RECORDS)