VAWA stands for the Violence Against Women Act. VAWA is a law that protects victims of domestic violence, dating violence, sexual assault, and stalking. Victims threatened with these things are protected too. In federally funded housing, these victims are protected from being discriminated against because of the abuse committed against them.
VAWA protects you if you are a victim of domestic violence, dating violence, sexual assault, and stalking. You don’t have to be married to or living with the abuser to be protected by VAWA.
It also protects your immediate family and other household members. Other household members don’t have to be related to you by blood or marriage to be protected.
You are protected if you are applying for or live in any of these housing programs:
No. VAWA does NOT cover private housing that doesn’t get federal assistance. The rights described here apply only to the federal housing programs listed above.
But Kentucky has its own laws to protect you if you rent from a private landlord. For information about those laws, see the materials on Housing Protections for Survivors of Violence on this website.
If you are a victim of domestic violence, dating violence, sexual assault, and stalking:
If someone living in your home uses violence against you, the housing authority or your landlord can evict the abuser only. You, your family, and other household members can stay in the home. If you are not listed as head of household or your name is not on the rental assistance papers, then you usually have 90 days or until the end of the lease to set up your own eligibility for that subsidy or another housing subsidy. Or you can find new housing.
If you have a Section 8 voucher, you can move for reasons related to the abuse and keep your voucher — even if your lease has not ended. Housing authorities and landlords must have emergency transfer plans. These let people transfer to other federally assisted housing that is available and safe.
You can transfer if you ask your landlord and:
If your landlord doesn’t have an emergency transfer plan, contact your local legal aid office or domestic violence program.
The housing authority or your landlord may ask for proof that you are a victim of domestic violence, dating violence, sexual assault, or stalking. The housing provider has to ask you for this in writing.
There are 3ways to prove you are a victim:
You don’t have to do all 3, you can pick any of these. Unless the abuser also shows similar proof, a landlord can’t make you choose any one kind of proof or more than one kind.
The landlord has to give you at least 14 business days to give proof of the violence. Business days means you don’t count weekends and holidays.
If the landlord gets proof from the abuser claiming that they are the victim, then the landlord might ask you to submit more proof showing that you are a victim.
No, except in limited cases. The housing authority or landlord can’t give your information about the abuse to others. The information may be shared only if you agree in writing or if it is required by law. For example, it might happen if the information is needed to evict the abuser from the housing.
No. You are still held to the same standard as other tenants and can still be evicted for serious or repeated lease violations that aren’t related to the abuse. . The landlord might also be able to evict if there is a real and immediate threat to other tenants if you are not evicted. If you get any type of eviction notice, call your local legal aid office right away.
Yes. VAWA rules say that every housing authority and landlord has to tell anyone applying and tenants about the VAWA housing protections. The notice, Form HUD-5380, is used to tell people. You can see the form here: https://bit.ly/2NETW1L. The self-certification form, Form HUD5382, can be seen here: https://bit.ly/2EI4cNF. You get these forms when you are denied housing or assistance, when you are admitted to housing, or when you are notified of eviction or termination. This notice must be in multiple languages.
VAWA is federal law. But VAWA should not replace other federal, state, or local laws that provide more protections for victims of abuse. Kentucky has its own laws to protect you if you rent from a private landlord. For information about those laws, see the materials on Kentucky Housing Protections for Survivors of Violence on this website.
Contact your local legal aid programs, a lawyer or your local domestic violence programs to see if VAWA can help you.