VAWA Housing Protections

Public housing authorities (PHAs) and owners can still evict tenants who are survivors if they can demonstrate that there is an “actual and imminent threat” to other tenants or employees at the property if the survivor is not evicted.¹ The VAWA statute currently does not define “actual and imminent threat,” but, importantly, the U.S. Department of Housing and Urban Development (HUD) defines the term in regulations. HUD regulations define “actual and imminent threat” as referring to a physical danger that is real, would occur within an immediate timeframe, and could result in death or serious bodily harm. Factors considered include:

• the length of time of the risk;
• the nature of the potential harm and how severe it is;
• the likelihood that the harm will happen; and
• the length of time before the harm would happen.²

The regulations further state that evictions should only occur if there is no other action to be taken that would reduce or eliminate the threat. Examples of other actions include transferring the survivor to another property or barring the person causing harm from the premises.³ It is recommended that you speak with a lawyer immediately for advice if you are sued for eviction, as there may be additional federal, state, and local protections that may also apply in your case.

The U.S. Department of Agriculture (USDA) has also adopted the “actual and imminent threat” standard for evictions in Rural Development housing programs covered by VAWA.⁴

¹ 34 USC § 12491(b)(3)(C)(iii); 24 CFR § 5.2005(d)(3)
² 24 CFR § 5.2003
³ 24 CFR § 5.2005(d)(4)
⁴ See U.S. Department of Agriculture, 3/15/21 memo