U.S. Housing Rights Guide

Overview of VAWA Housing Protections

Under the Violence Against Women Act (VAWA), individuals experiencing domestic violence, dating violence, sexual assault, or stalking are granted specific housing protections designed to promote safety and stability. VAWA safeguards apply primarily in federally subsidized housing and require housing providers to maintain confidentiality, provide emergency transfers, and prohibit eviction or denial of housing solely based on an individual’s status as a survivor.

Rights in Federally Subsidized Housing

Residents in federally subsidized housing programs such as public housing, Section 8 vouchers, and project-based rental assistance have the right to request emergency transfers if they face threats related to domestic violence or other qualifying violence. These programs are required to uphold confidentiality and cannot deny admission or renew leases solely due to a resident’s status as a survivor or incidents related to abuse, provided the resident complies with lease obligations.

Lease Termination Basics

Generally, leases can be terminated by landlords or tenants under conditions outlined in lease agreements and applicable law. However, under VAWA, survivors have protections against involuntary lease terminations resulting from acts of domestic violence, stalking, or sexual assault. Survivors may also have the option to terminate a lease early without penalty if they provide proper documentation as defined by their housing provider.

Emergency Transfers

Housing providers participating in federal programs must offer emergency transfers to survivors whose current housing situation presents a safety risk due to violence. Requests for transfers are evaluated on a case-by-case basis, and while no guarantee of immediate transfer exists, providers must consider the safety needs and accommodate requests when possible.

Documentation Requirements

To qualify for VAWA protections such as emergency transfers or lease termination, survivors are typically required to submit documentation. Acceptable forms include a signed certification form from the housing provider, police reports, court orders (such as protective orders), or written statements from an advocate. These materials help verify the need for protections while maintaining confidentiality.

Limitations: Varies by State

While VAWA establishes federal housing protections, specific rights and enforcement may vary by state or local jurisdiction. Some states provide additional protections beyond federal law, while others may have limitations or procedural differences. It is advisable to consult local resources or legal assistance to understand the full scope of housing rights available.

For comprehensive support and additional resources related to housing and domestic violence protections, visit DV Support.