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Legal Information: Federal

VAWA Housing Protections

Laws current as of January 1, 2024

If the abuser and I are both on the lease, can the abuser be evicted from public housing or Section 8 housing?

If you and the abuser are both on the lease, the abuser can be evicted from public housing or Section 8 housing while you remain. A public housing authority (PHA) or landlord can divide up a lease, known as “bifurcating” a lease, to evict the perpetrator and allow the survivor to stay. VAWA also offers protection for tenants remaining in housing after lease bifurcation. If the individual who is evicted is the sole tenant eligible to receive the housing assistance, the PHA or landlord must provide the remaining tenant an opportunity to establish eligibility, or a reasonable time to move or establish eligibility for another covered housing program.1

1 34 USC § 12491(b)(3)(A)-(C)

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