Each October, Domestic Violence Awareness Month unites advocates across the nation in their efforts to end domestic violence. It is an opportunity to be intentional about raising our collective awareness about domestic violence and working to put an end to abuse for good. In light of Domestic Violence Awareness Month, The Fair Housing Center would like to acknowledge the barriers to safe, fair, and stable housing that many survivors of domestic violence face. Housing discrimination based on a person’s status as a survivor of domestic violence often results in survivors experiencing increased housing insecurity. Fortunately, there are laws on the books that protect survivors of domestic violence from this type of discrimination. Knowing your rights is key to exercising them and regaining stability in your housing situation.
WHAT DOES THE RESEARCH SAY?
In 2019, the Fair Housing Center for Rights & Research conducted a research study, examining housing discrimination against survivors of domestic violence in Cuyahoga County, and published a report on the findings. Through fair housing testing – a common method of identifying patterns of housing discrimination – The Fair Housing Center measured the incidence of discrimination occurring towards survivors of domestic violence in their search for housing. The study found that more than 35 percent of tests revealed unfavorable treatment of domestic violence survivors and their advocates. Moreover, 20 percent of surveyed survivors struggled to find housing, 16.7 percent became homeless, and 13.3 percent were evicted. 20 percent of surveyed survivors were discouraged from calling 911 after experiencing abuse, and 30 percent reported experiencing housing discrimination. The statistics outlined in this report illustrate the very real impact of housing discrimination on survivors of domestic violence, and highlight the need for increased fair housing protections.
PROTECTING SURVIVORS THROUGH THE FAIR HOUSING ACT
Although it can impact anyone, regardless of gender, domestic violence disproportionately impacts women, with one in four women experiencing domestic violence in their lifetime. Women are five times more likely to be survivors of domestic violence than men. Because of this disparity, the federal Fair Housing Act recognizes discrimination against survivors of domestic violence—regardless of gender—as a form of sex discrimination. The sex protection prohibits discrimination against survivors of domestic violence and sexual harassment by housing providers, their staff, and neighboring tenants. Anyone living in the United States is protected by the Fair Housing Act, and, therefore, has the right to file a fair housing complaint or seek assistance in exercising their rights.
EXPANDED PROTECTIONS UNDER VAWA
For federally assisted properties and programs, additional protections exist for survivors of domestic violence. The Violence Against Women Act, or VAWA, is a federal law that helps survivors of domestic violence, dating violence, sexual assault, and stalking. In 2022, VAWA was reauthorized, with expanded protections for survivors eligible for—or participating in—federally assisted housing programs. A federally assisted housing program is any housing program that receives federal funding. For example, people living in public housing, Section 8 project-based housing, and even participants in the Housing Choice Voucher program are protected by VAWA. This recent expansion of VAWA created, for the first time, a path for survivors to get help when their rights under the law are violated.
Under VAWA, survivors of domestic violence cannot be:
- denied admission to rental housing or federal rental assistance just because they are a survivor;
- evicted or lose federal rental assistance because they are a survivor;
- denied admission or rental assistance, evicted, or lose a subsidy for reasons related to the abuse, such as bad credit, rental, or criminal history;
- retaliated against for asserting their VAWA right;
- denied the right of to call 911 for help.
SECTION 603: THE RIGHT TO SEEK EMERGENCY ASSISTANCE
One of the most recent updates to the law is Section 603, which protects the right to seek emergency assistance. You may be wondering why this protection needs to exist – doesn’t everyone already have the right to call 911 for help? Although no one should ever have to think twice about seeking help when they need it, certain local laws called Criminal Activity Nuisance Ordinances, or CANOs, can result in a person being deemed a “nuisance,” and as a result, evicted, if they call 911 multiple times in a specified period of time. Research shows that survivors of domestic violence (and other marginalized groups) are particularly at risk of being evicted due to CANOs. The risk of eviction has kept people from seeking help, even if they have been the victims of crime or needed emergency assistance. Under Section 603 of the Violence Against Women Reauthorization Act of 2022, landlords, tenants, and others have the right to seek emergency assistance for themselves or someone else. They also cannot be penalized for seeking assistance, or for criminal activity when they are the victim or otherwise not at fault.
REACHING OUT FOR HELP
The recently expanded protections for survivors of domestic violence are encouraging and a step in the right direction. However, fair housing advocates know all too well that just because discrimination is illegal doesn’t mean that it won’t happen anymore. The best tool for combatting discrimination is knowing your rights within the law and where to turn if you need to exercise your rights. Survivors of domestic violence who believe their fair housing rights have been violated should contact their local fair housing agency for help exercising their rights. The National Fair Housing Alliance (NFHA) has a convenient search tool available to help you find help in your area. Resources and information for survivors can also be found on The Fair Housing Center’s website.
No matter where you live, help is available to survivors of domestic violence. In Northeast Ohio, the Journey Center for Safety and Healing provides information and services for those experiencing domestic violence, child abuse and more. Those in need of emergency shelter can call the Journey Center’s 24-Hour Helpline at 216-391-4357 (HELP). For those living outside of Northeast Ohio, the National Domestic Violence Hotline is always available as a resource, and can be reached by calling 800-799-7233 or texting START to 88788.
Healing takes time, and asking for help is a courageous step.
MARISKA HARGITAY