HUD joined the U.S. Departments of the Treasury (Treasury), Agriculture (USDA), Veterans Affairs (VA), and Justice (DOJ) in issuing the first-ever interagency statement affirming baseline housing rights and protections for residents covered by the Violence Against Women Act (VAWA). Each of the agencies is responsible for administering federal housing and homelessness assistance programs, including public housing, Housing Choice Vouchers (HCVs), Emergency Solutions Grants, USDA Rural Development Vouchers, HUD-Veteran Affairs Supportive Housing (VASH) vouchers, and the Low-Income Housing Tax Credit (LIHTC), among others.
Originally enacted in 1994, VAWA is a comprehensive federal law designed to help communities prevent and respond to domestic violence, dating violence, sexual assault, stalking, and human trafficking and address the needs of survivors of these crimes. The law was last reauthorized in 2022 to make needed updates to its programs and policies, including expanding vital housing protections for survivors residing in federally assisted housing (see Memo, 10/11/22).
The interagency statement affirms VAWA’s applicability to “any federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by HUD, USDA, Treasury, DOJ, or VA through [any] means.” Additionally, it outlines baseline housing protections guaranteed by VAWA for survivors residing in federally assisted housing. According to the statement, for example, VAWA ensures that:
- Survivors cannot be denied assistance or admission to a covered unit because of violence committed against them.
- Survivors cannot be evicted from an assisted unit or lose their housing assistance because of violence committed against them.
- Survivors cannot be denied admission, assistance, be evicted, or lose their housing assistance for reasons related to the violence committed against them. For example, a covered housing provider may not deny admission to someone who has an eviction on their record because they were evicted from a previous living situation for calling authorities regarding an abusive partner.
- Survivors must have the option of staying in their covered housing but may also request an emergency transfer from the housing provider for reasons related to domestic violence, dating violence, sexual assault, or stalking.
- Survivors must also be able to request a lease bifurcation from the owner or landlord of the covered property to remove an abuser from the lease or unit.
In addition, the statement clarifies the applicability of VAWA housing protections to communities that have enacted Crime-Free Nuisance Ordinances (CFNOs), which target properties where alleged “nuisance” activities – including calls for emergency services or noise disturbances related to domestic violence – occur. The statement asserts that individuals have the right to seek emergency assistance, including help from law enforcement, for themselves or others without penalization, regardless of whether they reside in a covered housing program.