The Violence Against Women Act (VAWA) is a federal law that, among other things, provides housing protections for people applying for or living in units subsidized by the federal government, who have experienced domestic violence, dating violence, sexual assault, or stalking. The goal is to help keep them safe and reduce their likelihood of experiencing homelessness. Under VAWA, someone who has experienced domestic violence, dating violence, sexual assault, or stalking (collectively, “VAWA crimes”) cannot be denied admission to a covered program, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse.

“Domestic violence” under VAWA also includes economic abuse and technological abuse. Economic abuse is when an abuser engages in behavior that unreasonably controls or restrains a victim’s ability to get, use, or maintain economic resources they are entitled to have. Restricting a victim’s access to their own credit cards is one example. Economic abuse also includes any actions on the part of an abuser to exploit power over a victim’s economic decision-making, such as forcing a victim to default on financial obligations, taking advantage of powers of attorney or guardianship, or choosing not to act in the best interests of a person whose finances they manage. Technological abuse is when an abuser engages in activity meant to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another person illegally through the use of technology. Technological abuse can occur through websites, social media, cameras, apps, location-tracking devices, cell phones, computers, or any other emerging technology.

The housing programs covered by VAWA are:

• Public housing
• Section 8 Housing Choice Voucher program
• Section 8 project-based housing
• Section 202 housing for the elderly, including the direct loan program
• Section 811 housing for the disabled
• Section 236 multifamily rental housing
• Section 221(d)(3) Below Market Interest Rate
• HOME Investment Partnerships Program (HOME)
• Housing Opportunities for Persons with AIDS (HOPWA)
• National Housing Trust Fund
• McKinney-Vento Act homeless programs including the Continuum of Care and Emergency Solutions Grants programs
• Rural Development multifamily housing, including Section 515 Rural Rental Housing, Sections 514 and 516 Farm Labor Housing, Section 533 Housing Preservation Grants, RD Vouchers, and Section 538 multifamily rental housing
• Veterans Housing Programs, including Transitional Housing, Grant programs for homeless veterans with special needs, Supportive Services for Veteran Families (SSVF), and VASH vouchers
• Low-Income Housing Tax Credit housing.

What if I do not live in housing that is covered under VAWA?

VAWA’s housing protections do not extend to survivors living in private housing without a federal funding. However, even if a survivor is not participating in a covered housing program, fair housing laws, as well as state and local laws may provide other protections.

Notices required under VAWA

VAWA requires covered housing providers to notify you of your rights. You must receive a copy of HUD’s Notice of VAWA Housing Rights (Form HUD-5380) and HUD’s VAWA Self-certification Form (Form HUD-5382):

• If you are denied admission to a covered program;
• If you are admitted to covered housing provider or covered program;
• If you receive a notice of eviction from a covered provider; or
• If you receive a notice of termination from a covered program.

Note that you can self-certify that you are a victim of domestic violence.

Other Protections Under VAWA

Under VAWA, someone who has experienced domestic violence, dating violence, sexual assault, and/or stalking (VAWA violence/abuse):

• Should not be denied admission to or assistance under a HUD-subsidized or assisted unit or program because of the VAWA violence/abuse committed against them.
• Should not be evicted from a HUD-subsidized unit, nor have their assistance terminated because of the VAWA violence/abuse committed against them.
• Should not be denied admission, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse, such as having an eviction record, criminal history, or bad credit history.
• Has the option to stay in their HUD-subsidized housing, even if there has been criminal activity directly related to the VAWA violence/abuse.
• May request an emergency transfer from the housing provider for safety reasons related to the VAWA violence/abuse committed against them.
• Should be allowed to move with continued assistance, if the survivor has a Section 8 Housing Choice Voucher.
• Should be able to provide proof to the housing provider by self-certifying using the HUD VAWA Self-certification (Form HUD-5382), and not be required to provide more proof unless the housing provider has conflicting information about the violence/abuse.
• Has a right to strict confidentiality of information regarding their status as a survivor.
• May request a lease bifurcation from the owner or landlord to remove the perpetrator from the lease or unit, and if the housing provider bifurcates, it must be done consistent with applicable federal, state, or local laws and the requirements of the HUD housing program.
• Cannot be coerced, intimated, threatened, or retaliated against by HUD-subsidized housing providers for seeking or exercising VAWA protections.
• Has the right to seek law enforcement or emergency assistance for themselves or others without being penalized by local laws or policies for these requests or because they were victims of criminal activity.

The protections that VAWA affords depends on the housing provider. For example, a victim in public housing can request an emergency transfer to another unit or building within the housing authority. If a victim is a tenant renting a single family home with Section 8 Housing Choice Voucher rent subsidy, the victim, even if not head of household, may relocate with the voucher to another area serviced by a different Section 8 office (the process is called porting).

If you are being denied, terminated or evicted from affordable housing, or if you are having trouble securing any VAWA protections, seek legal assistance. If a housing or subsidy provider covered by VAWA does not do what they are is supposed to do, you can file a complaint with HUD, Report Housing Discrimination. Some programs have appeal procedures for application denials and subsidy terminations. Also, there are other laws and resources that may assist you. In New Jersey, you have a right to a trial if you are being evicted.

This information last reviewed: May 17, 2024