What Is VAWA
The Violence Against Women Act (VAWA) is a federal law that provides housing protections and program flexibility for victims of domestic violence, dating violence, sexual assault, and stalking. Under Section 8, VAWA allows eligible applicants and participants to access housing vouchers and protections without being denied assistance based on their victimization status.
VAWA Protections in Section 8
Public Housing Authorities (PHAs) must provide specific accommodations to VAWA-eligible households. These include expedited processing of applications, emergency transfers to different units or properties without lease violations, bifurcation of leases (removing an abuser's name while keeping the victim on the lease), and portability between PHAs if relocation is necessary for safety. A victim does not need to leave a unit immediately to qualify for these protections, and PHAs cannot require proof of abuse beyond a signed declaration or HUD Form 91-066.
Landlords cannot deny housing to an applicant based on a history of domestic violence victimization. Additionally, lease violations caused directly by domestic violence incidents cannot be grounds for eviction. For example, if a police report documents a domestic violence incident on the premises, the victim cannot lose their housing or voucher based on that occurrence.
Documentation and Self-Certification
VAWA applicants must provide documentation of their status. HUD accepts several forms of evidence: a signed declaration or affidavit, police reports, court documents, orders of protection, counselor statements, medical records, or child protective services records. Self-certification through Form 91-066 is sufficient if third-party documentation is unavailable or unsafe to obtain. PHAs must accept self-certification without questioning the victim's credibility, though they may request corroborating evidence in limited circumstances.
Emergency Transfers
VAWA participants can request an emergency transfer to another unit, property, or PHA immediately if they reasonably believe they face a threat to health or safety related to domestic violence, sexual assault, or stalking. PHAs must process emergency transfer requests within 30 days when feasible. During this period, rent and utilities remain the responsibility of the household, but the PHA cannot penalize the victim for breaking the lease or requesting a transfer.
Landlord Responsibilities
Landlords participating in Section 8 must comply with VAWA provisions. They cannot refuse to lease to someone based on domestic violence history, cannot require an abuser's consent to occupy a unit, and cannot terminate a lease based solely on domestic violence-related incidents. Lease language cannot conflict with VAWA protections. Landlords should review their screening procedures to ensure they do not inadvertently penalize applicants for victimization history.
Common Questions
- Do I need police reports to prove VAWA eligibility? No. A signed declaration from you is sufficient. Police reports, protection orders, medical records, or counselor statements can support your claim, but are not required.
- Can I be evicted if my abuser is removed from the lease? No. If you bifurcate the lease (remove the abuser), you remain a valid Section 8 participant. The lease termination applies only to the removed household member.
- How long does an emergency transfer take? PHAs must process requests within 30 days when possible, though expedited timelines apply in urgent safety situations. Contact your PHA directly to request acceleration.