Sample Notice To Public Housing Applicants And Tenants Regarding The Violence Against Women Act (Vawa) printable pdf download

EXHIBIT 16-1: SAMPLE NOTICE TO PUBLIC HOUSING APPLICANTS AND TENANTS REGARDING THE VIOLENCE

AGAINST WOMEN ACT (VAWA)

This sample notice was adapted from a notice prepared by the National Housing Law Project.

A federal law that went into effect in 2013 protects individuals who are victims of domestic violence, dating violence, sexual assault, or stalking.

The name of the law is the Violence against Women Act, or “VAWA”. This notice explains your rights under VAWA.

Protections for Victims

If you are eligible for public housing, the housing authority cannot refuse to admit you to the public housing program solely because you are a

victim of domestic violence, dating violence, sexual assault, or stalking.

If you are the victim of domestic violence, dating violence, sexual assault, or stalking, the housing authority cannot evict you based on acts or

threats of violence committed against you. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or

stalking that are caused by a member of your household or a guest can’t be the reason for evicting you if you were the victim of the abuse.

Reasons You Can Be Evicted

The housing authority can still evict you if the housing authority can show there is an actual and imminent (immediate) threat to other tenants

or housing authority staff if you are not evicted. Also, the housing authority can evict you for serious or repeated lease violations that are not

related to the domestic violence, dating violence, sexual assault, or stalking against you. The housing authority cannot hold you to a more

demanding set of rules than it applies to tenants who are not victims.

Removing the Abuser from the Household

The housing authority may split the lease to evict a tenant who has committed criminal acts of violence against family members or others,

while allowing the victim and other household members to stay in the public housing unit. If the housing authority chooses to remove the

abuser, it may not take away the remaining tenants’ rights to the unit or otherwise punish the remaining tenants. In removing the abuser from

the household, the housing authority must follow federal, state, and local eviction procedures.

Proving that You Are a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking

The housing authority can ask you to prove or “certify” that you are a victim of domestic violence, dating violence, sexual assault, or stalking. It

must give you at least 14 business days (i.e. Saturdays, Sundays, and holidays do not count) to provide this proof. The housing authority is free

to extend the deadline. There are three ways you can prove that you are a victim:

Complete the certification form given to you by the housing authority. The form will ask for your name, the name of your abuser, the

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abuser’s relationship to you, the date, time, and location of the incident of violence, and a description of the violence. You are only

required to provide the name of the abuser if it is safe to provide and you know their name.

Provide a statement from a victim service provider, attorney, mental health professional, or medical professional who has helped you

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address incidents of domestic violence, dating violence, sexual assault, or stalking. The professional must state that he or she believes

that the incidents of abuse are real. Both you and the professional must sign the statement, and both of you must state that you are

signing “under penalty of perjury”.

Provide a police or court record, such as a protective order, or an administrative record.

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Additionally, at its discretion, the housing authority can accept a statement or other evidence provided by the applicant or tenant.

If you fail to provide one of these documents within the required time, the housing authority may evict you.

Confidentiality

The housing authority must keep confidential any information you provide about the violence against you, unless:

You give written permission to the housing authority to release the information.

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The housing authority needs to use the information in an eviction proceeding, such as to evict your abuser.

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A law requires the housing authority to release the information.

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If release of the information would put your safety at risk, you should inform the housing authority.

Sample Notice To Public Housing Applicants And Tenants Regarding The Violence Against Women Act (Vawa)

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