VAWA Housing Protections

If you are sued for eviction, contact your local legal services office immediately. Getting a lawyer to represent you provides the best chance of being able to access any legal protections that apply to you. Importantly, VAWA does not prevent you from being evicted for lease violations that are unrelated to the abuse; however, the landlord cannot treat you worse than other tenants because you are a survivor.

If the violation of the lease is related to domestic violence, dating violence, sexual assault, or stalking that was committed against you, VAWA applies. This includes lease violations that do not specifically refer to domestic violence, dating violence, sexual assault, or stalking but are still related to the abuse, such as being evicted for “criminal activity,” when such criminal activity is the violence itself, or being evicted for a “nuisance” or “disturbance” for calling the police because of the abuser’s actions.

To claim VAWA protections, you should first inform the landlord that the violation is related to domestic violence, dating violence, sexual assault, or stalking. It’s best to inform the landlord in writing, such as via email, so that you have proof for your own records. The landlord is free to take you on your word or ask for proof (“documentation”). Any request for proof by the landlord must be in writing, and you must provide proof within 14 business days from the requested date. (When calculating “business days,” do not count weekends and holidays.) If you need additional time, you can request an extension.

Options for documentation include any of the following:

1. the HUD VAWA self-certification form, Form HUD-5382;
2. police, court, or administrative records, such as a protection order; or
3. a statement from a third party, such as a victim service provider, medical professional, mental health professional or attorney, signed by both the third party and the victim under penalty of perjury.¹

You can pick any of the above types of documentation to give the landlord – it’s your choice. Generally, the landlord cannot require that you provide more than one type of documentation.

However, if the abuser also produces similar proof, the landlord can, in this limited instance, refuse to accept the HUD VAWA self-certification form (option 1 above) and require additional documentation. For example, if you and the abuser both provide VAWA self-certification forms, the landlord can tell both of you that in order to claim VAWA protections, someone needs to provide an additional form of proof from either option 2 or 3 listed above and then you would get to choose which type of proof to provide. Importantly, the landlord cannot ever require that you get a protective order or call the police in order to be protected by VAWA.

The landlord can also accept any other form of documentation not on this list if the landlord is willing to do so.

¹ 34 USC § 12491(c)(1)-(3)