The Basics of the Violence Against Women Act 

Under the Violence Against Women Act (VAWA), certain landlords are required to comply with specific provisions that protect tenants who are survivors of domestic violence, dating violence, sexual assault, or stalking. These provisions are designed to ensure that survivors are not discriminated against or evicted because of their status as victims. However, not all landlords are subject to VAWA; the law primarily applies to those who own or manage certain types of housing.

Landlords Subject to VAWA

VAWA protections generally apply to landlords and property managers involved with the following types of housing:

  1. Public Housing:
    • Housing that is owned and managed by a public housing authority (PHA). PHAs must comply with VAWA regulations, including protections against evicting or denying housing to survivors of domestic violence.
  2. Section 8 Housing Choice Voucher Program:
    • Landlords who accept tenants using Section 8 Housing Choice Vouchers, which provide rental assistance for low-income individuals and families. These landlords cannot deny a rental application or evict a tenant solely based on the tenant’s history as a survivor of domestic violence, dating violence, sexual assault, or stalking.
  3. Section 8 Project-Based Rental Assistance (PBRA):
    • Housing developments that receive Section 8 Project-Based Rental Assistance. Owners and managers of these properties are also required to follow VAWA rules to protect survivors.
  4. Supportive Housing for the Elderly (Section 202):
    • This program provides supportive housing for very low-income elderly persons. Landlords who operate Section 202 housing must comply with VAWA protections.
  5. Supportive Housing for Persons with Disabilities (Section 811):
    • Housing designated for people with disabilities that is funded through the Section 811 program. Owners of these properties are subject to VAWA regulations.
  6. HOME Investment Partnerships Program (HOME):
    • Housing that is funded by the HOME Investment Partnerships Program, a federal block grant program that provides affordable housing for low-income individuals. Properties receiving HOME funds must comply with VAWA.
  7. Housing Opportunities for Persons With AIDS (HOPWA):
    • Housing providers that receive HOPWA funds, which are used to assist low-income individuals living with HIV/AIDS, are required to comply with VAWA protections.
  8. Rural Development Multifamily Housing Programs:
    • Properties that receive rental assistance from the U.S. Department of Agriculture (USDA) under its Rural Development Multifamily Housing programs must also follow VAWA regulations.
  9. Low-Income Housing Tax Credit (LIHTC) Properties:
    • While LIHTC properties are not directly covered by VAWA, many states have implemented VAWA-like protections for these properties. Additionally, some LIHTC properties may also be subject to VAWA if they receive other forms of federal assistance.

Key VAWA Protections for Tenants

For landlords subject to VAWA, the following key protections apply:

  • Prohibition of Discrimination and Eviction Based on Victim Status: Landlords cannot deny housing or evict a tenant solely because they are a victim of domestic violence, dating violence, sexual assault, or stalking.
  • Emergency Transfer Plans: Survivors must be allowed to transfer to another safe and available unit if they request it due to safety concerns. The landlord or housing authority must have a written emergency transfer plan in place.
  • Confidentiality Requirements: Information related to a tenant’s status as a victim of violence must be kept confidential and cannot be disclosed without the tenant’s consent, except as required by law.
  • Lease Bifurcation: In cases where the perpetrator and the victim are both on the lease, the landlord may “bifurcate” the lease to remove the perpetrator while allowing the victim to remain in the housing.
  • Notice of Rights: Landlords must provide notice to tenants of their rights under VAWA, including the right to request an emergency transfer and the right to confidentiality.

Landlords Not Subject to VAWA

Landlords who are not subject to VAWA include:

  • Private Landlords: Owners of privately-owned rental properties that do not receive any form of federal financial assistance are not subject to VAWA.
  • Market-Rate Housing: Properties that do not participate in federal rental assistance programs, such as market-rate apartments, are not covered by VAWA.

Conclusion

VAWA primarily applies to landlords who operate housing that is subsidized or assisted by the federal government. These landlords are required to comply with specific protections designed to prevent discrimination against and support survivors of domestic violence, dating violence, sexual assault, and stalking. Private landlords and those not receiving federal funds are generally not covered by VAWA, but they may still be subject to other state or local laws that provide similar protections.


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