Violence Against Women Act

The Violence Against Women Act (VAWA) is a federal law that provides housing protections for survivors of domestic violence, dating violence, sexual assault, and stalking living in HUD-assisted housing. Regardless of gender, gender identity, sexual orientation, or when the abuse happened, VAWA helps survivors stay safely housed and reduces the risk of homelessness.

However, these protections are not automatic. 

Survivors need to complete the required VAWA steps and paperwork for the protections to apply.

YWCA Richmond is a resource to help survivors and their loved ones understand their rights and apply for protections. 

Who Is Protected

VAWA protections apply to survivors of domestic violence, dating violence, sexual assault, and stalking, regardless of when the abuse happened or the survivor’s relationship to the perpetrator. 

Survivors do not need to be married to, related to, or living with the perpetrator to qualify.

Housing protections are available to survivors who are applying for or currently living in federally subsidized (HUD) programs, including:

• Emergency shelters
• Transitional housing
• Permanent housing supported by HUD programs. 

These protections are available to:

• Applicants and tenants in HUD-assisted housing.
• Immigrant survivors.
• Native American survivors living on tribal lands.

Housing Rights for Survivors Under VAWA

Under VAWA, survivors have the right to:

• Request an emergency transfer to another available unit for safety.
• Break a lease early and change locks for safety through “lease bifurcation.”
• Have an abuser removed from a lease without penalty to the survivor.
• Move with continued assistance when using a Section 8 Housing Choice Voucher.
• Receive non-discriminatory treatment regardless of immigration status.
• Access free legal, case management, and counseling services.
• Have their information kept confidential by landlords and housing providers.
• Seek law enforcement or emergency assistance without penalty.

Landlords and housing providers cannot:

• Coerce, intimidate, threaten, or retaliate against survivors for seeking VAWA protections.
• Treat incidents of domestic violence, dating violence, sexual assault, or stalking as repeated lease violations or “good cause” for terminating assistance.
• VAWA protections may be raised at any time. You do not need to know the type or name of the program you are participating in or applying to in order to seek VAWA protections.

VAWA protections may be requested at any time. Survivors do not need to know the name or type of HUD program they are applying to or participating in to seek protection.

YWCA Richmond can help you understand your rights, safety planning, and assistance with the VAWA application process. Here’s how:

1. Call YWCA Richmond at (804) 612-6126 for assistance.
2. Contact your landlord, housing provider, or property manager to request immediate safety changes, such as changing locks or transferring units.  Ask for protection under the Violence Against Women Act (“VAWA”).
3. Review your lease and the VAWA lease addendum (Form HUD-91067).
4. If your housing provider requests documentation that you are a “victim,” they must do so in writing and give you at least 14 business days (weekends and holidays do not count) to respond to their written request for this documentation.
5. You may choose one of the following forms of documentation:
   • VAWA Self-Certification of Domestic Violence Form (HUD-5382). 
   • A statement from a victim service provider, attorney, mental health professional, or medical professional who helped you address incidents of VAWA violence/abuse. Both you and the professional must sign the statement.
   • A police report, court record, or protective order that shows you are a victim of VAWA violence/abuse. 
   • If allowed by your covered housing provider, any other statement or evidence provided by you.
6. Your housing provider must also provide a copy of the “Notice of Occupancy Rights Under the Violence Against Women Act.”

It is your choice which documentation to provide. The housing provider must accept any one of the above as documentation. If you believe your VAWA rights have been violated, you can file a complaint for housing discrimination.