1. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC and sexual violence
Neha Lall tel
Supervisory Attorney

2. COMMON HOUSING PROBLEMS FOR SURVIVORS
Face eviction for criminal activity
Multiple calls to police or security
Noise resulting from violence
Crime-free and nuisance property ordinances
Damage to unit
Stalking or threats at the unit
Lock changes
Relocation for safety
Family break up (change in income)

3. Case Scenario: Mary and John
Mary lives with her two kids in a townhouse in Evanston. She has a Section 8 voucher that subsidizes her rent. Two months ago he ex- boyfriend, John, sexually assaulted Mary after visiting the kids. Mary was too embarrassed and traumatized to report the rape. John keeps coming by the property and harassing her. Last week he came and kicked in the door, breaking the lock and damaging the door frame.

4. Case Scenario, continued
The landlord issues Mary a 10-day notice saying the lease is being terminated because Mary’s guest damaged the property. The notice expired last week, but Mary did not move out because she has no where to go. The landlord came to the unit this morning and told Mary her time was up, and she needed to move out today or he was going to change the locks. Mary wants to move anyway, but right now Mary has no where to go.

5. Key Issues for Mary
Section 8 voucher Rental subsidy triggers federal protections under VAWA
Wants to move
Termination Notice
Lock out

6. Violence Against Women Act
VAWA Applies Only to Federally Subsidized Housing

7. EXAMPLES OF FEDERAL SUBSIDIES
HOUSING CHOICE VOUCHERS – Section 8 vouchers
PUBLIC HOUSING—Administered by the Public Housing Authority
SECTION 8 PROJECT-BASED HOUSING
SUPPORTIVE HOUSING (Elderly and Disabled)
HOPWA (HIV and AIDS)
SHELTER PLUS CARE
SUPPORTIVE HOUSING
LOW INCOME HOUSING TAX CREDIT (LIHTC)— “affordable flat-rate rent”

8. Termination from Federally Subsidized Housing
Most federally subsidized housing programs have rent that is based on the tenant’s household income or is fixed at a below-market rate
Subsidy is never-ending, unless terminated for cause
When you die, your remaining household members can take over the subsidy
If you are evicted from any of these programs, you lose your subsidy
Termination from one program may make you ineligible for other subsidy programs.

9. Program Violations
Participants in any federally-subsidized program can be terminated if they violate the terms of the lease or of the program
Participants may be terminated for the criminal activity of their household members or guests
“One strike” eviction policies

10. WHO DOES VAWA PROTECT? Domestic violence victims
Dating violence victims (parties that were not married, living together, and do not have children together)
Individuals who have been victimized by an intimate partner (added in VAWA 2013)
Victims of stalking
Sexual assault victims (added in VAWA 2013)
Includes “affiliated individuals”- victim’s immediate family member or household member (added in VAWA 2013)
LGBT victims of abuse
VAWA now applies to almost all federally subsidized programs

11. VAWA Protections in Eviction and Terminations
Incident of actual or threatened DV, SA, or Stalking does not constitute a “serious or repeated lease violation” or “good cause” for evicting or termination
Crimes directly relating to DV, SA, or Stalking are not grounds for evicting the survivor or termination subsidy
Essentially creates a defense or exception from the one-strike policy
Nothing prevents perpetrator from being evicted or terminated

12. Nexus Requirement
Victim may be evicted for violations not related to the abuse
Victim needs to establish link between abuse and the violation

13. What about Mary?
Mary is being terminated by her landlord for incidents related to abuse by John
Normally, an eviction for a lease violation would lead to termination of the Section 8 voucher by the Housing Authority
Under VAWA, even if Mary is evicted, her Section 8 voucher should not be terminated by the Housing Authority because the eviction was based on abuse

14. Certification of Abuse
Victim can assert that she is a victim of DV, SA or Stalking
Owner or Housing Authority can take victim at their word
Owner or Housing Authority may ask for written certification, but request must be in writing
If written request is made, tenant has 14 days to comply unless an extension is granted

15. Acceptable Forms of Certification
Police or Court Record or Administrative (Order of Protection, Police Report, Record of Criminal case, etc.)
Letter from a service provider, medical provider or attorney, mental health provider
HUD Self-Certification Form
** Victim is NOT required to get a police report or an order of protection
** Certification must be kept confidential

16. Safety Transfers in Federally Subsidized Housing
Under VAWA 2013, all subsidized housing providers must have an Emergency Transfer Policy
The policy must have provisions for internal and external transfers
Survivors in subsidized housing should request a transfer rather than voluntarily terminate their lease (and lose subsidy)

17. ILLINOIS State and local housing protections
- GENERALLY Applies to Private and Subsidized housing

18. ILLINOIS SAFE HOMES ACT 765 ILCS 750
Who is covered?
Victims of Domestic Violence
Victims of Sexual Assault
Victims of Stalking
What kind of housing is covered?
All private housing and federally subsidized housing EXCEPT the Public Housing program

19. Right to Lease Termination
Victim of DV, SA or Stalking may break a lease if:
Credible imminent threat of future harm
Harm will occur at the premises
Victim provides landlord with written notice of her fear before or within three days after vacating premises
No further proof is required at this stage
Sexual violence victim does not need to show credible imminent threat if assault took place on the premises within the last 90 days
If Landlord sues for rent, victim has an affirmative defense

20. Lock Changes Abuser not on the Lease
Upon written request landlord must change the locks
Request must be from everyone on lease
Must include evidence of credible imminent threat of violence (e.g. police report, medical record, court record, statement from victim services provider)

21. Lock Changes, continued
Abuser on the Lease or no written lease exists
In addition to requirements above
written request
from everyone on lease
evidence of credible imminent threat of violence
Must include a plenary order of protection or civil no contact order granting exclusive possession of the premises

22. What if the Landlord does not Respond?
Landlord must change locks within 48 hours of written request or give permission to tenant to change locks
If landlord does not respond, tenant may change locks
**Tenant can be charged for costs of lock change

23. Forcible Act: Affirmative Defense 735 ILCS 5/9-106.2
Victim has an affirmative defense in eviction case if:
Eviction is based on victim’s status as a victim of domestic or sexual violence
Eviction is based solely on an incident of actual or threatened domestic or sexual violence against tenant
Case is based solely upon criminal activity related to domestic violence that has been perpetrated by a household member or guest against the tenant
Case is based on the violation of a bar order, and the tenant did not let the barred person on the premises or that individual was there pursuant to a valid court order

24. Forcible Act: Affirmative Defense 735 ILCS 5/9-106.2
Landlord can defeat affirmative defense if he can show that tenant’s continued occupancy would pose and actual and imminent threat to other residents, the landlord, or his employees

25. Forcible Act: Affirmative Defense 735 ILCS 5/9-106.2
Landlord has a right to bar any individual not in the household
Written notice to the tenant, and a violation of the bar order can be treated as a lease violation
Verbal or Written Notice to the barred individual.
Violator of bar order can be charged with criminal trespass

26. What about Mary?
The termination by the landlord is arguably based solely on incidents of abuse
Mary can raise the affirmative defense
Landlord will only prevail if he can show that John is a threat to him, his staff, or other residents
Landlord can bar John from the premises
Mary will be responsible for complying with any bar order
She cannot invite him back
He cannot pick up or see the kids at the unit

27. Termination Notices
Length of the Notice (30-day, 10-day, 5-day) depends on:
The type of housing involved (federally-subsidized housing have very specific rules)
Local ordinances
Type of lease violation (nonpayment or material violation of lease)

28. Termination Notices, continued
What do you do if you get a notice?
Read it carefully
May have a right to discuss the notice or have a grievance hearing with the property manager
May have a right to cure the problem within the notice period
Depends on the type of housing and the local ordinance
Get legal help

29. Eviction Proceedings
Forcible Entry and Detainer Act requires that the landlord bring an eviction action to remove a tenant
Eviction action can only be filed after the notice expires
Tenant must be served with court papers (summons) and be given an opportunity to fight the eviction
Eviction cases move quickly
Landlord must obtain an Order of Possession from the court, and place the order with the Sheriff to enforce

30. Lock Outs and Self-Help
Some local ordinances expressly prohibit Landlords from ousting a tenant outside of the eviction process and provide for attorneys fees and punitive damages
Chicago, Evanston
Includes threats or action to change locks, remove doors, shut off utilities, etc.
Tenant may have defense in eviction case, or an affirmative cause of action against the landlord
Many local police departments ignore lockout situations

31. Crime Free and Nuisance Ordinances
Many suburbs have enacted local laws that punish landlords if there are repeated problems at their units
Landlords can be fined or lose their ability to rent
Landlords who rent condos or townhouses in a Homeowners Association (HOA) are also bound by the HOA’s rules, and can be fined by them
BUT landlords are still required to follow federal and state laws protecting victims of domestic violence Some landlords feel like they are between a rock and a hard place
Recent legislation passed to carve out an exception for victims and people with disabilities

32. Most Challenging Cases: Issues Not Directly Addressed by Current Law
Abuser refuses to pay rent or makes it impossible for survivor to pay rent (steals money, sabotages employment)
Cost of damage to units caused by abuse (holes in walls, broken windows and doors)
Survivor reconciles with the abuser, and does not want a bar order in place
Survivor is arrested for fighting back against the abuser