Transcript BZ presentation - Community development

VAWA Presentation
How the Violence Against Women Act of 2005
Can Help Survivors
April 11, 2006
Barbara Zimbel
(617) 603-1649
[email protected]
Applications/Screening – Problems for Survivors

Many Usual Screening Criteria are problematic for Domestic
Violence Victims
– Safety Concerns – Calls to references or to prior landlords can
compromise security
– Bad References - History of disturbances, property damage, police
– Criminal History – facts, primary aggressor, self-defense
– Debts to federally subsidized landlord
– Bad Credit – financial abuse of victim
– Rental History – financial abuse of victim, domestic violence
evictions
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Applications/Screening – Problems for Survivors

Function of PHA and with Section 8, the private owner

Regulations permit PHAs to deny admission for various
reasons many of which impact domestic violence victims
– Prior evictions
– Fraud or criminal acts by other family members
– Rent owed
– Threats to PHA personal by family members
– Drugs or violent criminal activity
24 C.F.R. §982.552,553; 24 C.F.R. §960.203, 204
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Applications/Screening – VAWA
VAWA makes clear that:

Status as a victim of domestic violence, dating violence, or
stalking is not an appropriate basis for denial of admission or
housing assistance
42 U.S.C. A. §1437d (c)(3); 42 U.S.C. §1437f (c) (9)(A); 42 U.S.C. §1437f(o)(B)

Criminal activity directly relating to domestic violence, dating
violence or stalking not grounds for denial
42 U.S.C. f(c) (9) (C); 42 U.S.C. 1437d(l)(A)
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Application/Screening - VAWA

No specific provisions on screening. However, VAWA provides
funding for PHAs and owners to combat violence against
women in public and assisted housing and specifies use of
funds to:
– Enable victims of domestic violence, stalking, sexual assault with
otherwise disqualifying rental, credit or criminal histories to be eligible
if she can show that she is eligible and can provide documented
evidence demonstrating the connection between such violence or
abuse and the negative history;
– Permit applicants to provide incomplete rental and employment
histories, otherwise required as a condition of admission, if the victim
believes that providing such rental and employment history would
endanger the victim’s or the victim’s children’s safety.
§41405(f)(1-2) (42 U.S.C. 13701 et. seq.)
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Application/Screening
HUD Public Housing Occupancy Handbook
Chapter 19.3 – Screening and Admission
In reviewing negative rental and tenancy history or criminal
activity staff “encouraged” to exercise discretion and where
negative information is a consequence of domestic violence,
approve admission
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SECTION 8 – Early Lease Termination for Safety

Prior law provided that breaking a lease and/or not providing
sufficient notice to a Section 8 landlord was a violation of the
lease and of the family’s obligations
42 U.S.C. §1437f ; 24 CFR 982.309, 982.314

Family could not receive a voucher to move if the family had
moved out of the assisted unit in violation of the lease
42 U.S.C. §1437f (R)(5)
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SECTION 8 - Early Lease Termination for Safety VAWA

Family may obtain a new voucher and more if:
– Family has complied with all other obligations of the program
– Is moving to protect health and safety of any individual who is or has
been a victim of domestic violence or stalking
– PHA may ask for documentation regarding family’s desire to move
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Public And Subsidized Housing - Transfers For Safety

HUD has left transfer plans up to the discretion of each PHA

Public Housing Occupancy Handbook 19.4 encourages PHAs
to adopt a special transfer policy that “takes into account the
victim’s circumstances”. Also suggests PHA issue Section 8
Voucher to the victimized family
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Public And Subsidized Housing - Transfers For Safety

VAWA – Language in grant provisions assures recipients will
address domestic violence through agency policy changes,
training, and best practices

§41404 – Collaborative Grants to Increase the Long-Term
Stability of Victims –
– (d) Use of Funds at (2) (B) “assisting with the placement of individuals
and families in long term housing; and (C) providing services to help
individuals or families find and maintain long – term housing,…”

§41405 – Grants to Combat Violence Against Women in
Public and Assisted Housing
– (a) Purpose “(2) development and implementation of appropriate
housing policies and practices”
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Family Break – Up – Section 8

When a family splits up due to domestic violence who gets
the voucher? Not necessarily the head of household.
– Where abuser is the head of household and threatens victim with
homelessness
– Process
– Rent recalculation
– Removing abuser from the household
– Removing the abuser from the lease
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Family Break-Up – Section 8
HUD regulations require PHAs have a family break–up plan in
their Section 8 administrative plan.
The Plan must provide that:
– PHA must follow court determination of which family member gets the
voucher in a divorce or separation
– In other instances PHA has discretion to determine which family
member retains the assistance
– Section 8 Administrative Plan must state policies
– HUD suggests that actual or threatened physical violence be one
factor
24 C.F.R §982.3115
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Family Break Up – Public Housing

No current law. Public Housing Occupancy Handbook 19.4 –
PHA’s should assist victims in accessing and maintaining
housing separate and apart from abuser

No provisions in VAWA

PHAs can adopt policies to prefer victim and abide by any
judicial order regarding occupancy of unit. Consider issues
of:
– Rent calculation
– Rental arrears
– Removing the abuser from the lease
– Safety concerns
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Evictions/Voucher Terminations Problems for Survivors

Many usual grounds for eviction or voucher terminations
pose particular problems for victims of domestic violence,
dating violence and stalking
– Disturbances/noise at the premises
– Drug or violent criminal activity by the abuser – household member or
guest - When does a “guest” cease to be a “guest”?
– Calls to the police
– Failure to report a “household member”
– Failure to report income
– Debts to landlord
– Damage to the property and other lease violations
24 C.F.R. §982.552,553
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Evictions/Voucher Terminations
VAWA makes clear that:
– Victims of domestic violence, dating violence or stalking may not be
evicted from public or subsidized housing because they are victims;
42 U.S.C. §1437d (c) (3); 42 U.S.C. §1437f(c)9(A)(B); 42 U.S.C §1437f(o)(B)
– Incidents of actual or threatened domestic violence, dating violence
or stalking not construed as serious or repeated violation of the lease
- not good cause for terminating assistance, tenancy or occupancy
rights of the victim
42 U.S.C. §1437d(l)(5); 42 U.S.C. §1437f(c)(9)(B)
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Evictions/Voucher Terminations
– Criminal activity directly relating to domestic violence, dating violence
or stalking engaged in by a member of a tenant’s household or guest
shall not be cause for termination of assistance, tenancy or
occupancy if the tenant or immediate family member is the victim Exception to federal “one – strike” criminal activity eviction rule as
interpreted by United States Department of Housing and Urban
Development v. Rucker, 535 U.S. 125 (2002).
42 U.S.C. §1437d(l)(6); 42 U.S.C. §1437f (c) (9)(C); 42 U.S.C.§1437f(O)(20)
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Evictions/Voucher Terminations
However:

Owner may bifurcate lease in order to evict, remove or
terminate assistance to any individual who is a tenant or
lawful occupant who engages in criminal acts of physical
violence against family members without evicting, removing
or terminating assistance of the victim

Must honor court orders addressing rights of access to or
control of the property

Can evict or terminate assistance to a tenant for any violation
of a lease not premised on acts or acts against the tenant –
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Evictions/Voucher Terminations
BUT:
– can’t subject victim to a more demanding standard than other
tenants

Can request certification
42 U.S.C. §1437d(u); 42 U.S.C §1437f(ee)

AND – Can evict or terminate assistance if can “demonstrate
an actual and imminent threat to other tenants or those
employed at or providing service to the property if that tenant
is not evicted or terminated from assistance.”
42 U.S.C. §1437 f (c)(9) (c)), 42 U.S.C. §1437d (l)(5),(6); 42 U.S.C. §1437 f (d)(l)(A)
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How To Make It Work – Collaboration

Chapter 19 of Public Housing Occupancy Guidebook 19.7
encourages collaboration among PHAs and with domestic
violence service providers, family advocacy coalitions, legal
services advocates and others in the community that provide
services to survivors
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How To Make It Work – Collaboration


VAWA encourages collaboration
VAWA provides grants to combat violence against women in
public housing and assisted housing
Section 41405

VAWA provides grants to promote collaboration among
domestic violence service provides, homeless providers,
nonprofit community housing development organizations and
others to create long term housing stability for victims who
are homeless or at risk of becoming homeless
Section 41404
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How To Make It Work – Collaboration
Some specific ideas:

Domestic violence service providers and legal services
advocates can provide training on domestic violence for PHA
staff and provide materials on domestic violence

State or city-wide coalitions working on domestic violence
issues including PHAs, state housing agencies, welfare and
other social service workers, legal services staff can work
together to combat domestic violence
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How To Make It Work – Collaboration
Some specific ideas:

PHAs and legal services and domestic violence advocates
can meet regularly to discuss changes in the law and
particular problems – Review proposed policies, suggest
language

PHAs can develop long – term relationships with individual
domestic violence service providers, help with safety
planning

PHAs can designate particular staff to be available to
tenants or PHAs staff solve difficult problems

State Housing Agencies can sponsor trainings for PHA staff
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How To Make it Work – Preferences for Domestic
Violence Victims

Not enough housing – No mandated Federal Preferences

Law suggest but do not mandate domestic violence
preference
42 U.S.C. §1437 (s)(6)(A)((I)
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How To Make It Work - Preferences for
Domestic Violence Victims

VAWA – Does not mandate preferences but provides for
grants to PHAs to combat domestic violence for which a PHA
is only eligible if it certifies that its “programs and services”
“give preference in admission to adult and youth victims “ of
domestic violence, dating violence, sexual assault or
stalking“ ”consistent with local housing needs, and
applicable law and the secretary’s instructions.”
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