Subsidized Housing Rights for Victims of Domestic Violence and Sexual Assault

• Public Housing
• Subsidized Housing
• Section 8 Voucher Programs
• USDA Rural Housing or
• Low Income Housing Tax Credit (Section 42)
   

VAWA stands for the Violence Against Women Act. It says that a housing program can’t turn you down for housing, terminate your lease, or evict you because of your abuser’s or attacker’s actions against you or a household member. Housing programs had until June 14, 2017, to put an emergency transfer policy in place. This transfer policy is for victims of domestic violence or sexual assault who need to move for safety if another unit is available.

Domestic violence can be violence against you or a household member, dating violence and stalking. The housing agency or landlord can ask you to prove the domestic violence or sexual assault. They may end the lease for the abuser or attacker and keep renting just to you.

This law does not mean that the housing agency or landlord can’t enforce other housing program rules or other terms of the lease. You can be evicted for something else that violates the rules or your lease.

Look at the 2 options below. Pick the one that fits your situation. 

I am looking for housing

• I applied for public housing, a subsidized apartment, USDA Rural Housing, Low Income Housing Tax Credit (Section 42) housing, or have a Section 8 Voucher.
    YES or NO 
   
• My application was denied.
    YES or NO 
   
• Someone in my household has been a victim of domestic violence or sexual assault.
    YES or NO 
   
• My application was denied because of what the abuser or attacker did or is a direct result of what the abuser/attacker did.
    YES or NO
   

If you can say “yes" to all the statements in this box, you may be protected by VAWA. Fill out the notice attached to this fact sheet. Give the notice to the housing authority, owner or landlord and tell them that you are protected by VAWA and what you want. Make sure you sign the letter and keep a copy for yourself.

I am already a tenant

• I live in public housing, subsidized apartment, USDA Rural Housing, Low Income Housing Tax Credit (Section 42) housing or have a Section 8 Voucher.
    YES or NO  
   
• I got a bill for damage caused by the abuser or attacker.
    YES or NO
   
• I got a notice of lease violation, a notice of termination or eviction papers.
    YES or NO
   
• Someone in my household has been a victim of domestic violence or sexual assault.
    YES or NO
   
• I am being billed, terminated or evicted because of what the abuser or attacker did, or is a direct result of what the abuser/attacker did.
    YES or NO
   
• I need to move to a different subsidized unit so the victim of domestic violence or sexual assault in my household can escape imminent harm from the abuser or attacker.
    YES or NO
   
• I need to “port” my Section 8 Voucher to a new location to protect the health or safety of the victim of domestic violence or sexual assault in my household.
    YES or NO
   
• I need my housing subsidy provider or my landlord to take the abuser or attacker off my lease but let me and my family remain on the lease.
    YES or NO
   
• My income has decreased due to domestic violence or sexual assault so I need my rent recalculated immediately.
    YES or NO
   

If you can say “yes” to any of the statements in this box, you may be protected by VAWA. Fill out the notice attached to this fact sheet. Give the notice to the housing authority, owner or landlord and tell them that you are protected by VAWA and what you want. Make sure you sign the letter and keep a copy for yourself.

If you are not safe:

• because of domestic violence contact Day One Services

          Call 1(866) 223-1111 or text (612) 399-9995

          Or go to www.dayoneservices.org or www.MNcasa.org
 

• because of sexual assault call: 1 (800) 656-4673.

If you need more information, legal help to claim your rights under VAWA, or have been told that VAWA does not apply to you, call your local legal aid office at 1(877) 696-6529 (877-MY-MN-LAW).

Or look for help from other programs at www.lawhelpmn.org/providers-and-clinics.