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Private Housing |
| Q. What legal protections exist for survivors of domestic violence living in private housing? |
A. While we know that many survivors of domestic violence are evicted solely on the basis of incidents of domestic violence over which they had no control, there are no uniform legal protections in housing. Unfortunately, there are no federal laws that specifically apply to survivors of domestic violence. However, the Fair Housing Act has been successfully used in several cases.
State and local laws may also provide legal protections. NLCHP's publication, State Housing Laws and Legislation to Ensure Housing Rights for Survivors of Domestic Violence, details many of these state laws. Many of these laws protect survivors in both public and private housing and give rights including a defense to eviction, early termination of leases and lock changes. |
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| Q. What Federal Housing Protections exist for survivors of domestic violence living in private housing? |
A.Survivors in private housing have significantly less protection that those living in Public Housing or Section 8. There are no specific protections for survivors under federal law, though the Fair Housing Act has been successfully used in several cases to allege that discrimination against survivors constitutes impermissible discrimination on the basis of sex.
Some of the most notable suits are:
United States and Alvera v. C.B.M. Group, Inc., No. 01-857-PA (D. Or. filed June 8, 2001): Filed suit under the premise that evicting a survivor from housing based on a episode of violence in the home had a disparate impact on women; therefore, this is a form of discrimination based on sex prohibited under the Fair Housing Act. The suit survived summary judgment and was successfully settled.
Bouley v. Young-Sabourin, 394 F. Supp. 2d 675 (D. Vt. 2005):Survivor was served an eviction notice after an incident of domestic violence stating that the incident violated the noise policies of the landlord. Suit was filed under a theory of disparate impact against a protected class (sex) under the Fair Housing Act. It survived summary judgment was settled favorably for the tenant.
Brooklyn Landlord v R.F : Survivor was served an eviction notice from her Section 8 landlord after the batterer came to her building numerous times, and, finally, shot the security guard at the building who was attempting to aid the tenant. The case alleged that the eviction was in violation of the VAWA 2005 provisions and that the eviction constituted sex discrimination prohibited by the Fair Housing Act. The case was eventually favorably settled for the tenant.
Blackwell v. H.A. Housing, LP, Et Al_.,+ No. 05-CV-01225-LTB-CBS (D. Colo., Filed July 1, 2005): Private landlord who owned numerous properties denied an emergency transfer for a survivor who was brutally attacked in her apartment. Suit was filed alleging that this consituted impermissible discrimination on the basis of sex based on a theory of disparate impact. The case was favorable settled, and included a new domestic violence policy instituted by the landlord.
Deborah Jones v. Housing Authority of Salt Lake City: Survivor sued under VAWA 2005 and Fair Housing Act after her Section 8 voucher was terminated following an incident of domestic violence where she was fled temporarily. |
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