VAWA Presentation How the Violence Against Women Act of 2005 Can Help Survivors April 11, 2006 Barbara Zimbel (617)

2 Applications/Screening – Problems for Survivors Many Usual Screening Criteria are problematic for Domestic Violence Victims –Safety Concerns – Calls to references or to prior landlords can compromise security –Bad References - History of disturbances, property damage, police –Criminal History – facts, primary aggressor, self-defense –Debts to federally subsidized landlord –Bad Credit – financial abuse of victim –Rental History – financial abuse of victim, domestic violence evictions

3 Applications/Screening – Problems for Survivors Function of PHA and with Section 8, the private owner Regulations permit PHAs to deny admission for various reasons many of which impact domestic violence victims –Prior evictions –Fraud or criminal acts by other family members –Rent owed –Threats to PHA personal by family members –Drugs or violent criminal activity 24 C.F.R. § ,553; 24 C.F.R. § , 204

4 Applications/Screening – VAWA VAWA makes clear that: Status as a victim of domestic violence, dating violence, or stalking is not an appropriate basis for denial of admission or housing assistance 42 U.S.C. A. §1437d (c)(3); 42 U.S.C. §1437f (c) (9)(A); 42 U.S.C. §1437f(o)(B) Criminal activity directly relating to domestic violence, dating violence or stalking not grounds for denial 42 U.S.C. f(c) (9) (C); 42 U.S.C. 1437d(l)(A)

5 Application/Screening - VAWA No specific provisions on screening. However, VAWA provides funding for PHAs and owners to combat violence against women in public and assisted housing and specifies use of funds to: –Enable victims of domestic violence, stalking, sexual assault with otherwise disqualifying rental, credit or criminal histories to be eligible if she can show that she is eligible and can provide documented evidence demonstrating the connection between such violence or abuse and the negative history; –Permit applicants to provide incomplete rental and employment histories, otherwise required as a condition of admission, if the victim believes that providing such rental and employment history would endanger the victim’s or the victim’s children’s safety. §41405(f)(1-2) (42 U.S.C et. seq.)

6 Application/Screening HUD Public Housing Occupancy Handbook Chapter 19.3 – Screening and Admission In reviewing negative rental and tenancy history or criminal activity staff “encouraged” to exercise discretion and where negative information is a consequence of domestic violence, approve admission

7 SECTION 8 – Early Lease Termination for Safety Prior law provided that breaking a lease and/or not providing sufficient notice to a Section 8 landlord was a violation of the lease and of the family’s obligations 42 U.S.C. §1437f ; 24 CFR , Family could not receive a voucher to move if the family had moved out of the assisted unit in violation of the lease 42 U.S.C. §1437f (R)(5)

8 SECTION 8 - Early Lease Termination for Safety - VAWA Family may obtain a new voucher and more if: –Family has complied with all other obligations of the program –Is moving to protect health and safety of any individual who is or has been a victim of domestic violence or stalking –PHA may ask for documentation regarding family’s desire to move

9 Public And Subsidized Housing - Transfers For Safety HUD has left transfer plans up to the discretion of each PHA Public Housing Occupancy Handbook 19.4 encourages PHAs to adopt a special transfer policy that “takes into account the victim’s circumstances”. Also suggests PHA issue Section 8 Voucher to the victimized family

10 Public And Subsidized Housing - Transfers For Safety VAWA – Language in grant provisions assures recipients will address domestic violence through agency policy changes, training, and best practices §41404 – Collaborative Grants to Increase the Long-Term Stability of Victims – –(d) Use of Funds at (2) (B) “assisting with the placement of individuals and families in long term housing; and (C) providing services to help individuals or families find and maintain long – term housing,…” §41405 – Grants to Combat Violence Against Women in Public and Assisted Housing –(a) Purpose “(2) development and implementation of appropriate housing policies and practices”

11 Family Break – Up – Section 8 When a family splits up due to domestic violence who gets the voucher? Not necessarily the head of household. –Where abuser is the head of household and threatens victim with homelessness –Process –Rent recalculation –Removing abuser from the household –Removing the abuser from the lease

12 Family Break-Up – Section 8 HUD regulations require PHAs have a family break–up plan in their Section 8 administrative plan. The Plan must provide that: –PHA must follow court determination of which family member gets the voucher in a divorce or separation –In other instances PHA has discretion to determine which family member retains the assistance –Section 8 Administrative Plan must state policies –HUD suggests that actual or threatened physical violence be one factor 24 C.F.R §

13 Family Break Up – Public Housing No current law. Public Housing Occupancy Handbook 19.4 – PHA’s should assist victims in accessing and maintaining housing separate and apart from abuser No provisions in VAWA PHAs can adopt policies to prefer victim and abide by any judicial order regarding occupancy of unit. Consider issues of: –Rent calculation –Rental arrears –Removing the abuser from the lease –Safety concerns

14 Evictions/Voucher Terminations - Problems for Survivors Many usual grounds for eviction or voucher terminations pose particular problems for victims of domestic violence, dating violence and stalking –Disturbances/noise at the premises –Drug or violent criminal activity by the abuser – household member or guest - When does a “guest” cease to be a “guest”? –Calls to the police –Failure to report a “household member” –Failure to report income –Debts to landlord –Damage to the property and other lease violations 24 C.F.R. § ,553

15 Evictions/Voucher Terminations VAWA makes clear that: –Victims of domestic violence, dating violence or stalking may not be evicted from public or subsidized housing because they are victims; 42 U.S.C. §1437d (c) (3); 42 U.S.C. §1437f(c)9(A)(B); 42 U.S.C §1437f(o)(B) –Incidents of actual or threatened domestic violence, dating violence or stalking not construed as serious or repeated violation of the lease - not good cause for terminating assistance, tenancy or occupancy rights of the victim 42 U.S.C. §1437d(l)(5); 42 U.S.C. §1437f(c)(9)(B)

16 Evictions/Voucher Terminations –Criminal activity directly relating to domestic violence, dating violence or stalking engaged in by a member of a tenant’s household or guest shall not be cause for termination of assistance, tenancy or occupancy if the tenant or immediate family member is the victim - Exception to federal “one – strike” criminal activity eviction rule as interpreted by United States Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002). 42 U.S.C. §1437d(l)(6); 42 U.S.C. §1437f (c) (9)(C); 42 U.S.C.§1437f(O)(20)

17 Evictions/Voucher Terminations However: Owner may bifurcate lease in order to evict, remove or terminate assistance to any individual who is a tenant or lawful occupant who engages in criminal acts of physical violence against family members without evicting, removing or terminating assistance of the victim Must honor court orders addressing rights of access to or control of the property Can evict or terminate assistance to a tenant for any violation of a lease not premised on acts or acts against the tenant –

18 Evictions/Voucher Terminations BUT: –can’t subject victim to a more demanding standard than other tenants Can request certification 42 U.S.C. §1437d(u); 42 U.S.C §1437f(ee) AND – Can evict or terminate assistance if can “demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted or terminated from assistance.” 42 U.S.C. §1437 f (c)(9) (c)), 42 U.S.C. §1437d (l)(5),(6); 42 U.S.C. §1437 f (d)(l)(A)

19 How To Make It Work – Collaboration Chapter 19 of Public Housing Occupancy Guidebook 19.7 encourages collaboration among PHAs and with domestic violence service providers, family advocacy coalitions, legal services advocates and others in the community that provide services to survivors

20 How To Make It Work – Collaboration VAWA encourages collaboration VAWA provides grants to combat violence against women in public housing and assisted housing Section VAWA provides grants to promote collaboration among domestic violence service provides, homeless providers, nonprofit community housing development organizations and others to create long term housing stability for victims who are homeless or at risk of becoming homeless Section 41404

21 How To Make It Work – Collaboration Some specific ideas: Domestic violence service providers and legal services advocates can provide training on domestic violence for PHA staff and provide materials on domestic violence State or city-wide coalitions working on domestic violence issues including PHAs, state housing agencies, welfare and other social service workers, legal services staff can work together to combat domestic violence

22 How To Make It Work – Collaboration Some specific ideas: PHAs and legal services and domestic violence advocates can meet regularly to discuss changes in the law and particular problems – Review proposed policies, suggest language PHAs can develop long – term relationships with individual domestic violence service providers, help with safety planning PHAs can designate particular staff to be available to tenants or PHAs staff solve difficult problems State Housing Agencies can sponsor trainings for PHA staff

23 How To Make it Work – Preferences for Domestic Violence Victims Not enough housing – No mandated Federal Preferences Law suggest but do not mandate domestic violence preference 42 U.S.C. §1437 (s)(6)(A)((I)

24 How To Make It Work - Preferences for Domestic Violence Victims VAWA – Does not mandate preferences but provides for grants to PHAs to combat domestic violence for which a PHA is only eligible if it certifies that its “programs and services” “give preference in admission to adult and youth victims “ of domestic violence, dating violence, sexual assault or stalking“ ”consistent with local housing needs, and applicable law and the secretary’s instructions.”