The federal Violence Against Women Act (VAWA) is, according to the National Network to End Domestic Violence, “the cornerstone of our nation’s response to domestic and sexual violence.” But did you know this law affects all owners and management agents of properties under Multifamily Housing’s rental assistance program?
That’s right, VAWA covers the housing of survivors of domestic violence, dating violence, sexual assault and stalking. HUD published a final rule under the VAWA in November, which addresses, among other things, screening factors and emergency transfer plans. Owners and managers of properties need to be aware of how this law operates and often conflicts with local laws.
VAWA Versus ‘Nuisance Ordinances’
Changes came to the 23-year old VAWA in 2013 when the act was reauthorized, and now “protections have been expanded to nearly all HUD programs. Previously, only residents of public housing and Section 8 tenant-based and project-based programs were covered,” Fox has reported.
The changes came in response to nuisance ordinances, local laws that let landlords kick out tenants who were causing trouble—if the police are called so many times, the renter is shown the door. But that can wind up hurting victims of abuse as much as it does drug dealers. Rules in VAWA are supposed to protect victims.
Pennsylvania Sen. Bob Casey, who backed the reauthorization, said, “This is a positive step forward to ensure that domestic violence victims are not treated unfairly with respect to housing. A victim of domestic violence needs justice, not retribution. I’ll continue to fight back against local ‘nuisance’ ordinances which would seek to punish domestic violence victims.”
In 2016, the American Civil Liberties Union sued the city of Surprise, Ariz., whose nuisance law pressured landlords to evict tenants who called the police too many times, “even if the tenants is the victim of the crime,” the organization stated. Surprise repealed the ordinance. The situation was similar to that found in Norristown, Penn., where a domestic abuse victim was evicted from her home after calling the police to report abuse. The ACLU again stepped in (and so did HUD), Rewire reported, and the ordinance was repealed. A similar case is pending in Missouri.
“[N]uisance ordinances violate the federal Violence Against Women Act when they lead landlords and agents of government subsidized housing to evict a tenant based on her status as a victim of domestic violence,” according to the ACLU. Now it appears that states and municipalities are starting to amend their approaches to nuisance ordinances, but it is slow going. And property owners and landlords may not always know what to do because following one law may mean breaking another.
Colorado’s Plan: Let Victims Break Lease
Colorado in June enacted a law that allows victims of stalking and sexual abuse to break their leases, the Denver Post reported. To break the lease, victims would have to either provide a police report or protection order, a statement from a medical professional vouching for the victim’s status, or a note from the state’s confidentiality program that the victim applied for help.
“The financial impact of breaking a lease can be devastating, and for some, particularly students, the costs could be prohibitive,” the paper noted.
Colorado’s plan goes a step beyond the federal law’s emergency transfer provision. That provision, included in the 2016 update to the VAWA 2013 reauthorization, allows an abuse victim to self-certify his or her need for a transfer, determine what is deemed “safe,” requires housing providers to document requests for emergency transfers, and requires providers to allow a resident to move immediately if there is another safe and available unit.
Explore VAWA With a Pro
Multifamily housing directors, rural housing directors, unit owners and management agents, housing authority staff, compliance officers, and property managers who need direction and training on how to comply with the VAWA and deal with nuisance ordinances need to understand that this area of the law is complex and in flux.
Housing expert Debbie Hixon details VAWA protections and rules during a conference for AudioSolutionz, “Violence Against Women Act: New Procedures, Additional Forms and Clarifications.” Hixon defines who is eligible to receive VAWA protections, details forms housing supervisors may encounter, teaches about the emergency transfer plan and process, and shows what needs to be provided to HUD annually under the new rules.
