1. Violence Against Women Act of 2005: Impact on Federal Housing April 11, 2006 Naomi Stern National Law Center on Homelessness & Poverty nstern@nlchp.org (202) 638-2535

2. History Violence Against Women Act of 2005 (VAWA) reauthorization included new housing provisions Effective January 5, 2006 Became Public Law 109-162 Language has been codified in statute

3. How did VAWA 2005 affect federal housing? New findings and purposes New pilot program for public and assisted housing New pilot program for collaboration in housing New requirements in Public Housing and Section 8 New local planning requirements Changes in victim transitional housing program Changes in HMIS

4. Findings and purposes Findings –Link between homelessness and domestic violence –Evictions and housing denials of domestic violence victims occurring because of violence against them –Lack of emergency shelter and affordable housing –Financial abuse as part of power and control dynamic Purposes –Reduce domestic violence and prevent homelessness –Protect victim safety in federal housing and shelter –Build collaboration –Enable housing providers to respond to domestic violence while maintaining safety for all residents

5. New pilot grant program for public and assisted housing agencies Grantees attest to best practices, including non- discrimination and collaboration in planning, to address admissions and occupancy policies Eligible entities include PHAs, tribally designated housing entities, most HUD-assisted providers To be administered by Office on Violence Against Women, USDOJ, consulting with HUD and HHS Authorized at $10 million annually Subject to annual appropriations

6. New pilot program for collaboration in developing long-term housing Funds collaborative local efforts to create long term housing stability for victims who are homeless or at risk of becoming homeless Eligible entities include local housing, homeless, and victim service providers To be administered by HHS; authorized at $10 million annually; subject to annual appropriations

7. Amendments to Public Housing and Section 8: Denial Prohibited An individual’s status as a victim of domestic violence, dating violence, or stalking is not an appropriate basis for denial of admission or denial of housing assistance. See 42 U.S.C. §§ 1437d(c)(3); 1437f(c)(9)(A); 1437f(d)(1)(A); 1437f(o)(B) (2006).

8. Amendments (cont’d): Eviction and Termination Prohibited Establishes an exception to the federal “one-strike” criminal activity eviction rule for tenants who are victims. An incident of actual or threatened domestic violence, dating violence, or stalking does not qualify as serious or repeated violation of lease or good cause for terminating assistance, tenancy, or occupancy rights of the victim. Criminal activity directly relating to domestic violence, dating violence, or stalking does not constitute grounds for termination of a tenancy. See 42 U.S.C. §§ 1437d(l)(5), (6); 1437f(c)(9)(B), (C); 1437f(d)(1)(B), (C); 1437f(o)(7)(C), (D); 1437f(o)(20)(A), (B) (2006). Additional clarifications apply.

9. Documentation PHA or Section 8 landlord may ask for documentation that tenant is or has been a victim, but not required to; may accept victim statement –Victim statement –Police or court record –Statement signed by certain professionals –Or, HUD-approved certification form PHAs and Section 8 landlords should honor civil protection orders and other orders from domestic violence and family court judges that address rights of access to or control of the property

10. Confidentiality If victim provides documentation, PHA or Section 8 landlord must keep the information confidential, including the individual’s status as a victim. PHA or Section 8 landlord may not enter the information into any shared database or provide it to any related entity. A change for Section 8 voucher program Additional disclosure clarifications apply. See 42 U.S.C. §§ 1437d(u)(2)(A); 1437f(ee)(2)(A).

11. Housing Choice Voucher Portability Family with a voucher may move to another jurisdiction if family has complied with all other obligations of the program and is moving to protect health or safety of an individual who is or has been the victim of domestic violence, dating violence, or stalking – even if moving otherwise would be lease violation. 42 U.S.C. § 1437f(r)(5). PHA may ask for documentation from the family regarding the family’s desire to move to a new jurisdiction. 42 U.S.C. § 1437f(ee).

12. Notice requirements PHAs must inform tenants of new tenant rights New information also must be included in –Leases –Housing assistance payment contracts –Project-based Section 8 contracts See 42 U.S.C. §§ 1437d(l)(5), (6); 1437d(u)(2)(B); 1437f(c), (d); 1437f(o)(7)(C), (o)(7)(D), (o)(20); 1437f(ee)(2)(B) (2006).

13. New planning requirements Local housing plans must include housing needs of child and adult victims of domestic violence, dating violence, sexual assault, and stalking Required for PHA five-year plan, PHA annual plan, and local HUD consolidated plan See 42 U.S.C. §§ 1437c–1(a)(2); 1437c–1(d)(13); 12705(b)(1) (2006).

14. New requirements in HMIS, transitional housing for victims HUD required to instruct grantees under McKinney-Vento Homeless Assistance Act not to enter personally-identifying information into any shared databases, such as Homeless Management Information System (HMIS). Clarifies requirements in existing transitional housing program for victims (in OVW), to ensure voluntary participation in supportive services and permit operating expenses as use of funds

15. Definitions in VAWA Housing Provisions New law follows the federal definitions of domestic violence, dating violence, sexual assault, and stalking as the terms have been defined in VAWA. Domestic violence, 42 U.S.C § 13925(a)(6) Dating violence, 42 U.S.C § 13925(a)(8) Sexual assault, 42 U.S.C. § 13925(a)(23) Stalking, 42 U.S.C. §§ 1437d(u)(3)(C); 1437f(f)(10)

16. Recap: Housing Programs Affected Programs affected by major amendments –Public Housing Program –Housing Choice Voucher Program –Project-Based Section 8 Grant program for public and assisted agencies Other programs are subject to existing rules that may provide certain protections for victims. All federal housing is subject to the prohibition on sex discrimination in the Fair Housing Act.

17. Interaction with state laws Where state or federal law is more favorable to victim than VAWA, more favorable law governs. See 42 U.S.C. §§ 1437d(c)(3); 1437d(l)(6)(F); 1437d(u)(1)(E); 1437f(c)(9)(C)(vi); 1437f(d)(1)(B)(VI); 1437f(o)(6)(B), (7)(D)(6), (20)(D)(v); 1437f(ee)(1)(F) (2006). See NLCHP http://www.nlchp.org http://www.nlchp.org for state law information

18. State law issues in housing and domestic violence Emerging state law issues: –Prohibiting housing discrimination against abuse victims –Early lease termination by battered tenant –Eviction defenses for victims in housing court –Calling police explicitly allowed –Lock changes by victim with documentation All jurisdictions have civil protection order laws as a family law remedy to prevent individual domestic violence from continuing Many state civil protection order laws explicitly address housing in certain situations

19. Additional resources NLCHP, http://www.nlchp.org http://www.nlchp.org Statutes –42 U.S.C. § 14043e et seq. (2006) (VAWA Housing findings; purposes; definitions; new pilot grant programs) –42 U.S.C. § 1437f (2006) (changes to Section 8 programs) –42 U.S.C. § 1437d (2006) (changes to Public Housing program) –42 U.S.C. § 1437c-1 (2006) (changes to PHA plans) –42 U.S.C. § 12705(b)(1) (2006) (changes to consolidated plan) –42 U.S.C. § 13975 (2006) (changes to DV transitional housing) –42 U.S.C. § 11383(a)(8) (2006) (changes to HMIS) HUD Public Housing Occupancy Guidebook, Ch. 19 (2003)