Protections for Survivors of Domestic Violence
Domestic violence occurs when one person intentionally causes physical or psychological harm to another person in an intimate relationship, including sexual assault, physical abuse, and psychological/emotional abuse. It is a crime that occurs in both heterosexual and same-sex relationships, and is used to establish and maintain power and control over another person. An estimated 1.3 million women are victims of physical assault by a partner each year. While approximately fifteen percent of domestic violence victims are men, domestic violence is a crime that disproportionally affects women and mothers with children.
Survivors of domestic violence may face eviction due to the actions of their abuser. Landlords may evict them for violence in the household, destruction of property, or calls to 911 as a result of a domestic disturbance or because some local nuisance ordinances require landlords to address circumstances resulting in excessive police calls.
The Violence Against Women Act (VAWA) however, protects victims of domestic violence (and survivors of sexual assault, dating violence and stalking) living in federally subsidized housing, including Housing Choice Voucher Program participants, from eviction and termination due to their status. VAWA further provides the right to transfer to safer housing when necessary.
Survivors of domestic violence have the right to appeal a housing denial or an eviction based on their status as a victim of abuse, and may even have a fair housing claim based on sex.
The federal Fair Housing Act prohibits discrimination in housing based on protected classes, including race, color, national origin, religion, sex, family status, and disability. Sex discrimination protections include sexual harassment, creating quid pro quo (this for that) arrangements, or a sexually hostile living environment.
Landlord’s Responsibilities
Landlords must abide by fair housing laws. It is illegal to discriminate in housing, deny housing, or make housing unavailable based on a protected class. Some local nuisance ordinances penalize landlords and property owners if emergency services are called to a property repeatedly, and require a landlord to “abate the nuisance”, or evict the tenant.
However, in instances involving a person who is a domestic violence victim or a person with a disability, those nuisance ordinances can violate fair housing laws.
A landlord unsure of how to handle this type of situation should contact their attorney for legal advice or The Fair Housing Center for information.
Common Scenarios
- My abuser went to jail for domestic violence and now I can’t pay the rent.
- The neighbors called the police because of screams coming from my apartment, but my abuser ran off before they got there. I was served with an eviction notice for violating the city’s nuisance ordinance.
- I called the police on my abuser, but I was charged with child endangerment for having my son in this environment.
- My child told her teacher that her dad hits me, and now I’m getting calls from social services.
- My landlord knows I’m a victim of domestic violence and pressures me for sexual favors to avoid eviction.
- I applied for housing, but once the property manager found out about me being a survivor of domestic violence, my application was denied.
- I have a criminal record due to fighting off my abuser, and now I can’t get housing.
Frequently Asked Questions
What if by calling the police on my abuser I get evicted?
Some nuisance ordinances provide exclusions for domestic violence situations but vary by municipality. For ones that don’t, it may be a fair housing violation and you should contact The Fair Housing Center.
I don’t feel comfortable disclosing my status as a survivor of domestic violence to my new potential landlord. What do I say about my living situation?
Many domestic violence victims do not feel comfortable disclosing that information. You are not required to, but it can help if you need assistance in the future.
My name is not on the lease. How do I get the landlord to change the lease from my abuser’s name to mine?
If you are in subsidized housing, speak with your manager about your protections under VAWA. In private housing, a landlord should be willing to accommodate such a request.
I want to keep my children in this school district, so why should I have to move?
You should not have to move. However, it may be necessary for your protection. By seeking help it’s possible you will be able to stay and your abuser will be removed.
My landlord is demanding I perform sexual favors for reduced rent. What should I do?
This is sexual harassment, a violation of fair housing laws, and is housing discrimination based on sex. Call The Fair Housing Center and we will talk you through your options and if necessary, help you file a fair housing complaint.
Download the Fair Housing for Victims of Domestic Violence Brochure:
Brochure also available in Spanish, Arabic, and Simplified Chinese.