Requirements for Public Housing Authorities and Section 8 landlords under VAWA |
Public Housing Authorities (PHAs) and Section 8 landlords are required to do a number of things pursuant to VAWA 2005 and subsequent HUD regulations. VAWA 2005 requires that PHAs and Section 8 landlords:
- May not deny persons housing due to their status as a victim of domestic violence. See 42 U.S.C. § 1437d(c)(3) (2006); 42 U.S.C. § 1437f(c)(9)(A) (2006); 42 U.S.C. § 1437f(d)(1)(A) (2006); 42 U.S.C. § 1437f(o)(B) (2006).
- May not evict persons for criminal activity directly related to the domestic violence. See 42 U.S.C. § 1437d(l)(6) (2006); 42 U.S.C. § 1437f(c)(9)(C) (2006); 42 U.S.C. § 1437f(d)(1)(C) (2006); 42 U.S.C. § 1437f(o)(7)(D) (2006); 42 U.S.C. § 1437f(o)(20)(B) (2006).
- Must recognize the exception to the federal "one-strike" criminal activity eviction rule under VAWA 2005 on that an incident of actual or threatened violence does not qualify as a "serious or repeated violation of the lease" or as "good cause for terminating assistance, tenancy or occupancy rights of victims." See 42 U.S.C. § 1437d(l)(5) (2006); 42 U.S.C. § 1437f(c)(9)(B) (2006); 42 U.S.C. § 1437f(d)(1)(B) (2006); 42 U.S.C. § 1437f(o)(7)(C) (2006); 42 U.S.C. § 1437f(o)(20)(A) (2006).
- Must accept certifications provided for under the law.
- Must respect a right to confidentiality with respect to the status of an individual in that their identifying information may not be entered into the Homeless Management Information System (HMIS) and must generally be kept confidential. See 42 U.S.C. § 11383(a)(8) (2006). The new McKinney-Vento legislation will incorporate some version of these regulations, and may apply them more broadly.
- Public Housing Authorities must include describe their plans for meeting the housing needs of survivors of domestic violence, dating violence, sexual assault and stalking in their Five-Year Plan, One-Year Plan and HUD Consolidated Plan.
Public Housing Authorities may (but are not required to):
- Allow victims to move to another jurisdiction with their Section 8 voucher, even if such a move would normally be a violation of the program, if the person has complied with other obligations of the program and if the move is necessary to protect the health, well-being or safety of victim. This creates an exception and allows the Housing Authority to transfer the victim under the normal portability rules. See 42 U.S.C. §§ 1437f(r)(5) and (ee) (2006).
- establish a priority for survivors in applications for public housing. If a priority is established, Public Housing Authorities may use stricter documentation requirements to establish proof that an applicant is a survivor.
- provide emergency transfers to survivors of domestic violence.
- allow survivors to bifurcate their lease. This means that even if a lease is both names or solely in the batterer's name, a the Housing Authority may put the lease in the survivor's name.
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Public Housing Authority Plans |
The range of compliance with VAWA 2005 with respect to planning by PHAs varies significantly. Some PHAs fail to include any mention of VAWA 2005 in their planning while some include a bare minimum of information, largely taken from the text of the law. Other PHAs have begun to promulgate VAWA plans. Many of these PHAs have allowed public comment on their plans.
You can see all of the approved plans on the HUD website.
For more information on PHA planning requirements under VAWA, please see:
National Housing Law Project training on knowledgeplex: VAWA Reauthorization Act: Local Planning Requirements (April 11, 2006).
v. HUD Office of Housing Notice on VAWA: Notice to project-based Section 8 about VAWA and the requirements under the law, including certification form and HAP contract.
Congressional Oversight of HUD on VAWA Implementation |
NLCHP is leading a coalition of organizations in advocating with Congress to use its oversight powers to ensure that HUD properly implements VAWA. Members of Congress have shown concern about these issues.
February, 2008: Representative Roybal-Allard (CA), a member of the House Appropriations Committee, submitted written questions on HUD's implementation of VAWA to Secretary Jackson after the oversight hearing with that committee. We are still waiting for the official transcript to be released.
February, 2008: Representative Roybal-Allard (CA), a member of the House Appropriations Committee, questioned the HUD Deputy Assistant Secretary at an oversight hearing on Special Populations about HUD's efforts to protect the elderly and disabled from domestic violence and to ensure their rights under VAWA are protected.
In March of 2008, NLCHP submitted testimony on behalf of this coalition to the House Financial Services Committee and the Senate Banking Committee for their respective hearings on oversight with Secretary Alphonso Jackson.
Public Housing Authority Plans |
Below, you will find PHA plans and VAWA policies that can be used as models for other jurisdictions. Approved PHA plans can be viewed on the HUD website. If you have information to add to the list, please post it or email it to mail to:kzeisel@nlchp.org.
HUD Proposed Template for Annual Plans (released April 21, 2008) This is the most recently released template by HUD for Housing Authorities to use for their annual plans. This template fails to incorporate VAWA into the body of the template. However, it is not clear that this will be the final template for use for 2009 plans.
DeKalb Housing Authority : Incorporates a provision to allow for other disqualifying factors, such as a poor credit history, to be mitigated where there is domestic violence and the domestic violence is related to the other factors.
Los Angeles Administrative Plan
Baltimore Housing Authority VAWA provision of Administrative PlanBoston Housing Authority Proposed VAWA Plan
Cambridge Housing Authority (MA) Draft VAWA plan
Greater Boston Legal Services Comments on BHA VAWA Plan
Housing Authority of Clackamas County (OR) Public Housng VAWA notice
Housing Authority of Clackamas County (OR) Section 8 VAWA notice
Laurence-Douglas County (KS) VAWA Policy
Mid-Columbia Housing Authority (OR) Section 8 Administrative Plan (with VAWA)
Minneapolis VAWA policy
Orange County (CA) Annual Plan VAWA attachment
Orange County (CA) VAWA attachment
Somerville Housing Authority (MA) VAWA Policy
Quincy Housing Authority (MA) Section 8 Administrative plan (with domestic violence)
Quincy Housing Authority (MA) lease with VAWA notification
Public Housing Authority Plan Comments by Non-Profit Organizations |
Below you will find VAWA plans crafted by housing authorities in response to the 2005 reauthorization of the Violence Against Women Act. Also included are formal comments on those plans made during public comment periods.
If you have information to add to the list, please post it or email it to kzeisel@nlchp.org.
Ohio Legal Services Comments
Lukas County, Ohio Comments
NHLP Oakland Comments
NHLP San Francisco Comments
NHLP San Diego Comments
2002 Rochester Comments by Empire Justice
Public Housing Authority VAWA Notifications |
Below you will find notices sent by PHAs to notify tenants and/or landlords about their rights and obligations under VAWA. These take the form of letters and newsletters.
Boise HA Section 8 Newsletter
Fairfield Tenant VAWA notice letter
Cambridge Housing Authority Tenant VAWA notification
San Diego Landlord VAWA news
Seattle Section 8 Landlord newsletter
Sample VAWA Notice to Section 8 tenants from housing authority (courtesy of Legal Aid of Minnesota)
Sample VAWA Notice to Public Housing tenants from housing authority (courtesy of Legal Aid of Minnesota)
Sample VAWA Notice to Section 8 Owners from housing authority (courtesy of Legal Aid of Minnesota)
Public Housing Authority Lease Addendums |
HUD Notice Transmitting HAP Contract (2/07)
HUD Amended Lease Addendum (7/07)
Lease Addendum from Lewis settlement (ACLU)
Domestic Violence Emergency Transfer Policies |
Sample Domestic Violence Transfer Plan (courtesy of Legal Aid of Minnesota)
Oakland Housing Authority Transfer Plan (Excerpted from ACOP)
San Diego Housing Authority Transfer Plan (Excerpted from the ACOP
San Francisco Housing Authority Transfer Plan (Excerpted from ACOP)
Chicago Housing Authority Transfer Plan (Excerpted from the ACOP)
NLCHP is working in coalition with the ACLU, Legal Momentum, the National Housing Law Project, the National Network to End Domestic Violence and other organizations to raise the awareness of Congress with respect to the lack of implementation of the housing protections of VAWA. As part of this effort, NLCHP has developed materials that are being shared with Congressional offices and is working with the offices to develop questions to be asked of HUD during oversight hearings. Below, you will find the advocacy materials and hearing testimony as it becomes available.
VAWA implementation talking points This document outlines the significant areas in which HUD oversight with respect to VAWA implementation is problematic.
Implementation problems in Arkansas, First District
Implementation problems in California
Implementation problems in Connecticut
Implementation problems in North Carolina
Implementation problems in Oakland County, Michigan
Implementation problems in Rhode Island
Statement to the House Financial Services Committee, Hearing on Oversight of HUD (2008) Statement outlines the way in which HUD is failing to meet its obligations to ensure that VAWA is properly implemented.
Statement to the Senate Banking, Housing and Urban Affairs Committee, Hearing on Oversight of HUD (2008) Statement outlines the way in which HUD is failing to meet its obligations to ensure that VAWA is properly implemented.
For training materials on VAWA, please see Training and Model Advocacy Materials section of the wiki.
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