Your Housing Rights as a Survivor of Sexual Violence Living in Federally Assisted Housing

Survivor Housing Rights - Part 2

This is Part 2 of our two blog series on housing protections for survivors of sexual violence and how BARCC case managers can help survivors advocate for their rights.

In the last post, we talked about what protections are available to people who live in market rent, private, and state public and subsidized housing in Massachusetts. But what about folks living in federally-funded housing?

People who live in federally-funded housing, such as Section 8 and public or privately owned subsidized housing that receives federal funds, have some housing protections under the Violence Against Women Act (VAWA). Despite the name, VAWA protects survivors of domestic violence, dating violence, sexual assault, and stalking, regardless of gender. If you’re in federally assisted housing and feel unsafe at home due to ongoing or the threat of intimate partner violence, sexual violence, or stalking, you may be eligible for these protections.

The National Housing Law Project lists three ways in which VAWA offers protections:

1. You can’t be denied admission or federal rental assistance just because you are or have been a victim or a threatened victim.
2. You can’t be evicted or lose your federal rental assistance just because you are or have been a victim or a threatened victim.  
3. You can’t be denied admission or rental assistance, evicted, or lose your subsidy on the basis of domestic and/or sexual violence.

BARCC assists survivors in navigating emergency transfers under VAWA. An emergency transfer means that a person in federally-assisted housing can move to a different unit for reasons related to the abuse and keep their subsidy, even if their lease hasn’t ended. BARCC Case Management Program Director Clare Namugga noted that a survivor may have to wait until a different unit is available.

Under VAWA, landlords can evict a perpetrator while letting the rest of the family stay and continue receiving rental assistance.  

In order to use VAWA protections, the housing authority or a landlord might ask survivors for documentation showing that they’re a survivor of domestic violence, dating violence, sexual assault, or stalking. According to the National Housing Law Project, the housing authority or landlord must make this request in writing, and survivors can prove their circumstances by one of the following ways:

1. Complete a self-certification form, provided by the housing authority or a legal aid office. The form asks for:
   • Your name
   • The name of your abuser if it’s known and safe to provide
   • Your relationship to the abuser
   • The date, time, and place of violence
   • A description of the violence
2. Survivors can provide a letter signed by a victim service provider, attorney, or a medical or mental health professional who has assisted you with the abuse. The survivor must sign the letter.
3. A police report, a court record such as a protective or restraining order, or an administrative record such as a DFC report.

Scenario

Valerie* was sexually assaulted by her neighbor in her federally funded elderly/disabled apartment building. She was on the transfer list for individuals with disabilities and was told it would take one to two years.

Valerie reached out to BARCC’s Case Management program for help leaving her apartment sooner. Valerie had been sent the HUD certification of domestic violence, dating violence, or sexual assault. Case Management staff explained transfer options and limits and what the certification was for. Valerie was concerned that being on this transfer list could mean she would be given housing that would not be accommodating for her disability. Valerie submitted the self-certification form, and Case Management staff spoke to the housing authority case worker to confirm that Valerie would be transferred to another handicapped-accessible development. Valerie was able to move within the next month and applied for financial assistance for help with moving expenses.

*Names have been changed to protect confidentiality.

Read more about this housing law, or request an appointment with BARCC Case Management online or by calling 617-492-8306.