1. Domestic violence & housing: examples from the field
Meliah Schultzman
National Housing Law Project,
Training for CORT, December 4, 2009

2. What we’re covering today
5 case studies that examine common housing issues that survivors of domestic and sexual violence face
Brief summary of the applicable law
State law protections for survivors
Fair housing laws and protections for survivors
Violence Against Women Act (VAWA): housing provisions for subsidized tenants
Housing authority & housing provider DV policies
Advocacy strategies that were used in the case studies

3. Common Housing Issues
Survivors face many obstacles to accessing and maintaining housing

4. Barriers to Applying for Housing: Jan
Five years ago, at the advice of her atty, Jan pleaded guilty to assaulting her abuser, even though she acted in self-defense.
Jan later applied for a Rural Development unit. Her application was denied because of her criminal record.
At a meeting with the manager, Jan submitted letters of support from her employer and DV agencies.
The manager refused to reconsider Jan’s application.

5. The criminal history policy that resulted in Jan’s denial

6. Barriers to Staying Safe: Yolaunda
Yolaunda was beaten at her public housing unit. Her abuser threatened to kill her if she returned to the unit.
Yolaunda asked the housing authority for an emergency transfer to another public housing unit.
The housing authority refused, saying that its policy did not provide for emergency transfers for domestic violence victims.

7. Press coverage of Yolaunda Robinson’s Case

8. Barriers to Keeping Housing: Sonya
Sonya had a Section 8 voucher.
One night, Sonya’s abuser forced his way into her apartment. He cut himself on broken glass after he destroyed a cabinet in her apartment.
Sonya’s abuser told a security guard that he was bleeding because Sonya stabbed him.
Sonya’s landlord filed an eviction action against her on grounds of nuisance based on the alleged “stabbing.”

9. The 10-day notice to vacate that Sonya received

10. Barriers to Keeping Housing: Irene
Irene, a public housing tenant, was awakened and beaten by her live-in companion, who was subsequently arrested.
PHA received one written complaint and several calls from residents concerning the altercation.
Irene received an eviction notice for violating a lease provision that required her to ensure that her guests did not disturb other tenants.

11. Barriers to Keeping Housing: Mia
Mia, her husband AJ, and their 3 kids had a Section 8 voucher. AJ was listed as the head of household.
Mia obtained a restraining order against AJ.
AJ asked the housing authority to let him use the voucher to move into a unit by himself
Mia asked the housing authority to let her keep the voucher in the interest of her children
The housing authority let AJ move with the voucher and terminated Mia’s assistance

12. Fair Housing
Policies that negatively impact domestic violence survivors may constitute sex discrimination under fair housing laws

13. DV and Fair Housing Laws
Fair housing laws apply to most landlords, regardless of whether they are subsidized:
Federal Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq.
Most states have antidiscrimination laws that mirror the FHA’s protections
These laws prohibit landlords from discriminating against an applicant or tenant because of sex
However, DV survivors are not a protected class under the FHA or most state fair housing laws

14. DV and Fair Housing Laws
Advocates have challenged “zero tolerance” policies, which state that the entire family may be evicted when an act of violence occurs at or near the rental unit
“Zero tolerance” policies have a disparate impact on women, because women constitute the majority of DV victims
Advocates have successfully argued that these policies discriminate on the basis of sex

15. Fair Housing: Pre-VAWA Case Example
Warren v. Ypsilanti Hous. Comm’n (E.D. Mich. 2002)
Public housing tenant’s ex-boyfriend assaulted her at the unit. Tenant called police to report assault.
PHA sought to evict tenant, citing the one-strike provision in its lease.
Tenant filed suit against PHA, arguing that its policy of evicting DV victims based on violence against them constituted sex discrimination.
Case settled, w/PHA agreeing to end its application of the one-strike rule to DV victims.

16. Excerpt from the complaint filed in Warren, available on ACLU’s website

17. Fair Housing: Case Example 2
Lewis v. N. End Vill. (E.D. Mich. 2008):
A LIHTC tenant’s ex-boyfriend kicked in the door of her apartment in violation of a restraining order.
Tenant received eviction notice for violating the lease, which stated that she was liable for damage resulting from “lack of proper supervision” of her “guests.”
Tenant filed suit, arguing that the owner’s policy of interpreting the word “guest” to include those who violate a RO had a disparate impact on women.
Case settled, with owner agreeing to adopt DV policies.

18. Violence Against Women Act (VAWA)
Protections against evictions and subsidy terminations for federally assisted tenants

19. VAWA: Who Is Protected? VAWA covers these categories of housing ONLY:
Public housing
Section 8 Voucher housing
Project-Based Section 8 Housing
Supportive housing for the elderly or disabled
VAWA covers these categories of victims:
A survivor of domestic violence
A survivor of dating violence
A survivor of stalking
* Survivors of sexual assault may be covered

20. VAWA: Admissions & Assistance
An individual’s status as a victim of domestic violence, dating violence, or stalking is not an appropriate basis for denying him or her housing.
What about poor credit, tenancy, or criminal history that is directly related to DV?

21. VAWA: Evictions/Terminations
Crimes against a survivor “directly relating to” DV are not grounds for evicting the survivor or terminating her rental subsidy.
Incident of actual or threatened DV does not constitute a “serious or repeated lease violation” or “good cause” for evicting the survivor or terminating her rental subsidy.
There are limits to these protections.

22. VAWA: Removing the Abuser
Public Housing Agency (PHA) or Section 8 landlord may “bifurcate” a lease to evict a tenant who commits DV while keeping the survivor in place.
PHA or landlord must follow federal, state, and local law in evicting the perpetrator
Safety planning is essential in these cases
PHA may terminate Section 8 assistance to the abuser while preserving assistance to survivor

23. State Law Protections
A growing number of states and local jurisdictions are adopting specific housing protections for survivors

24. State & Local Protections for Survivors
A growing number of states are enacting housing laws specifically protecting DV survivors because:
The landlord-tenant relationship is usually governed by state law
FHA doesn’t explicitly protect survivors, & the Violence Against Women Act only covers subsidized tenants
Local legislative efforts:
Ohio: If passed, Sub. H.B. No. 167 would provide a variety of housing protections for survivors
Michigan: S.B. 185 would have provided early lease termination for victims of DV, sexual assault or stalking

25. Examples of state protections
Laws that protect survivors’ housing rights include:
Laws that prohibit survivors from being evicted or denied housing because of violence committed against them (AR, DC, IN, NC, RI, WA)
Laws that provide a defense to eviction (CO, DC, IA, LA, NM, VA, WA)
Early lease termination (AZ, CA, CO, DE, DC, IL, IN, MN, NJ, NY, NC, OR, TX, WA, WI)
Right to call police (AZ, CO, DC, MN, TX, WI)
Lock changes (AZ, AR, DC, IL, IN, NC, OR, UT, VA, WA)

26. Housing Provider Policies
PHAs and some subsidized owners have started to adopt their own domestic violence policies

27. PHA DV policies
Under VAWA, PHAs are required to include a statement re: DV in their annual and 5-year plans
Many PHAs have added VAWA’s language to their Sec 8 admin plans and public housing ACOPs.
Some PHAs have included language that is more specific/more protective than VAWA
Ex: public housing transfer policies for victims; admissions policies re: negative history related to DV
As a result, it’s crucial to examine the PHA’s policies

28. Excerpt from Lansing Housing Commission domestic violence policy

29. Subsidized owners & DV policies
In Notice H 09-15, HUD urged project-based Sec 8 owners to:
Update their tenant selection plans or house rules to incorporate VAWA’s protections
Establish policies that support victims and protect them from losing their HUD-assisted housing as a consequence of DV
However, implementation by project-based owners has been SLOW.

30. Advocacy Strategies
What strategies were employed in the five case studies?

31. Basic tools used in DV/housing cases
Informal advocacy, i.e., letters and calls to the landlord or housing authority
Helping clients get together documents and witnesses for administrative & judicial proceedings
Using media to “embarrass” housing providers
Filing administrative complaints (or threatening to)
Working with housing providers to improve their policies regarding domestic & sexual violence
Affirmative litigation

32. Barriers to Applying for Housing: Jan
Jan’s attorney contacted the manager by phone and mail and explained that:
Before denying Jan’s application, the manager had a duty to examine mitigating factors, such as the age of her conviction and her letters of support.
It was unlikely that Jan would be involved in another abusive relationship.
The criminal history policy was unreasonable.
The manager later offered a unit to Jan.

33. Barriers to Staying Safe: Yolaunda
Based on the federal Fair Housing Act, Yolaunda’s attorneys filed for a preliminary injunction in federal court to have her immediately transferred to another public housing unit.
The case received media coverage.
The court denied the motion, but encouraged the PHA to adopt a domestic violence transfer policy.
The housing authority amended its public housing policy to include transfers for domestic violence survivors.

34. Revised Public Housing Transfer Policy, Cincinnati Metro. Hous. Auth.

35. Barriers to Keeping Housing: Sonya
Sonya’s attorney raised VAWA and the Fair Housing Act as a defense to the eviction and also filed a motion for summary judgment.
Sonya provided police reports, her restraining order, and evidence that the city declined to prosecute her for the “stabbing.”
Court found that VAWA prohibited Sonya’s eviction. Metro N. Owners v. Thorpe, 870 N.Y.S.2d 768

36. The answer Sonya’s attorney filed to the eviction complaint

37. Metro N. Owners, LLC v. Thorpe, 870 N.Y.S.2d 768

38. Barriers to Keeping Housing: Irene
At the eviction hearing, Irene testified that neighbors said they were not disturbed by the incident.
Irene also testified that the abuser had moved out.
Court held that Irene had not committed a serious violation of the lease:
Incident was isolated
No evidence that Irene was a “troublesome” tenant
Abuser no longer lived on the premises
Moundsville Hous. Auth. v. Porter, 370 S.E.2d 341 (W. Va ); see also Assoc. Estates Corp. v. Bartell, 492 N.E.2d 841 (Ohio Ct. App. 1985).

39. Barriers to Keeping Housing: Mia
Mia’s attorney wrote a letter to the housing authority arguing:
Termination of Mia’s assistance violated VAWA
The housing authority failed to follow HUD regulations and its own policies when it assigned the voucher to AJ
Mia’s attorney requested:
An administrative hearing
Homeless prevention funds to cover Mia’s back rent
The housing authority agreed to issue Mia a voucher and homeless assistance

40. Sample Demand Letter, Break-Up of Section 8 Voucher Family

41. Takeaway Points This area of the law is rapidly changing
There are a variety of advocacy strategies— informal advocacy, demand letters, agency complaints, media, working with PHAs and landlords on their policies, and affirmative litigation.
Many housing providers, hearing officers, and judges will need to be educated regarding the basics of domestic violence, sexual assault, and stalking.

42. Contact Information
Meliah Schultzman, (510) NHLP’s DV & housing website: NHLP’s DV & housing manual: