In the United States, over one in three women and one in four men have experienced domestic violence by an intimate partner in their lifetime. While 2025 data is still being collected, the reported rate of domestic violence during the first half of the year was 3% higher, on average, than it was during the same period in 2024. This Domestic Violence Awareness Month, we are shedding light on the ways that domestic violence impacts housing access, and how fair housing law can support survivors.
The Impact of Domestic Violence on Housing Access
Survivors often face housing insecurity as a result of domestic violence. They may face housing discrimination – including housing denials, evictions, or unfair treatment – due to their status as survivors of domestic violence. In some cases, survivors of domestic violence may face eviction due to the actions of their abuser, such as violence in the household or destruction of property.
In other cases, domestic violence may indirectly lead to discrimination based on another protected class. For instance, survivors who experience physical and/or mental health disabilities as a result of domestic violence may face disability-related discrimination. Some survivors may lose their housing due to Criminal Activity Nuisance Ordinance (CANO) citations resulting from domestic violence. CANOs may adversely affect survivors of domestic violence, penalizing survivors for calls to emergency services. A nuisance citation often results in the eviction of the survivor, which can lead to housing instability and even homelessness.
Housing Protections for Survivors of Domestic Violence
Fortunately, the Fair Housing Act protects survivors of domestic violence from discrimination in housing. Through case law, we have seen the Fair Housing Act interpreted to cover survivors of domestic violence under the sex protection, regardless of the sex of the victim. However, there are also a number of other ways that fair housing law is used to protect survivors of domestic violence.
Reasonable Accommodations and Modifications
Fair housing law also helps many people with disabilities, including domestic violence survivors, by granting the right to request reasonable accommodations and modifications. Reasonable accommodations (RAs) refer to a change in a rule or policy. If a tenant needs to move to an address unknown to their abuser, a reasonable accommodation can be requested to break their lease early, without a penalty.
Reasonable modifications (RMs), on the other hand, refer to a physical change to a person’s housing. A survivor with mobility challenges may request a reasonable modification in order to have grab bars installed in their bathroom as a safety measure. Housing providers must generally grant requests, as long as they do not impose an undue financial or administrative burden, fundamentally alter the provider’s program or operations, pose a direct threat to health or safety, or lack a necessary link to the individual’s disability. Both RAs and RMs help to provide equal access, so that residents with physical and mental disabilities are able to fully use and enjoy their housing in a safe and accessible way.
Violence Against Women Act
The Violence Against Women Act (VAWA), reauthorized in 2022, offers additional protection from housing discrimination to survivors who live in federally-subsidized housing or pay their rent using a Housing Choice Voucher. VAWA protects tenants who have experienced domestic violence, dating violence, sexual assault, and/or stalking by:
- Prohibiting public housing authorities from denying admission based on their status.
- Prohibiting evictions from public housing, the Housing Choice Voucher program, Section 8 project-based housing, and LIHTC properties.
- Prohibiting termination of assistance, tenancy, or occupancy rights.
- Creating emergency housing transfer options.
- Protecting both LGBTQ+ and heterosexual victims of domestic violence.
- Prohibiting governments that receive CDBG funding from penalizing tenants for requesting emergency assistance, or for criminal activity of which one is a victim or otherwise not at fault.
United States v. David Montanus and Lisa Montanus (D.N.H.)
While we know that illegal discrimination happens, violating the law also comes with real legal consequences. Take, for instance, the case of United States v. David Montanus and Lisa Montanus. On May 23, 2025, the United States filed a complaint in the District of New Hampshire, alleging that the defendants violated the Housing Rights Subpart of the VAWA Reauthorization Act of 2022 by unlawfully penalizing the complainant by evicting her after she sought police assistance for domestic violence. After the complaint was made, an investigation was conducted and a charge of discrimination was issued. The case was then referred to the Civil Rights Division of the U.S. Department of Justice, where it is currently pending and awaiting a final decision from the court.
Resources for Survivors of Domestic Violence
Those seeking resources and support can contact the National Domestic Violence Hotline by calling 800-799-7233, or texting START to 88788. The Hotline is free, confidential, and available 24/7. Additionally, Northeast Ohioans seeking emergency shelter can call the Journey Center for Safety and Healing’s 24-Hour Helpline at 216-391-4357 (HELP).
Help is also available for those who believe their fair housing rights have been violated. We recommend contacting your local fair housing agency for assistance understanding and exercising your rights. Residents of Cuyahoga and Lorain Counties in Ohio can contact the Fair Housing Center for Rights & Research to speak with an advocate about their situation. Victims can also file a charge of discrimination, harassment, or retaliation with their state civil rights commission, such as the Ohio Civil Rights Commission (OCRC). Both domestic violence and housing discrimination can be isolating experiences, but you don’t have to go it alone. Our advocates are ready to help you exercise your rights – because discrimination should never keep you from having a place to call home.