PDF Violence Against Women Act: Housing Protections - NHLP

Violence Against Women Act: Housing Protections

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NATIONAL HOUSING LAW PROJECT WWW. MAY 22, 2012

GoToWebinar Interface

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Housekeeping

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y Materials were emailed to registrants and will be emailed again after the webinar, along with evaluations.

y Materials and recording will be posted at in the Attorney/Advocate Resource Center, Domestic Violence/OVW Grantees.

y MCLE certificates will be emailed to California attorneys.

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Goals for Today:

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y Quick overview of federally assisted housing programs.

y Overview of VAWA's housing protections for survivors of domestic violence, dating violence, and stalking.

y Discussion of several cases in which VAWA was used on behalf of survivors.

Other Protections for Survivors

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y In addition to VAWA, DV survivors may have protections under state landlord-tenant laws, state fair housing laws, and the federal Fair Housing Act

y NHLP has a 50-state compendium of domestic violence housing laws at

Federally Assisted Housing

6 A QUICK OVERVIEW OF THE SUBSIDIZED HOUSING PROGRAMS THAT ARE AFFECTED BY THE VIOLENCE

AGAINST WOMEN ACT (VAWA).

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VAWA 2005: Coverage

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Programs that are covered by VAWA:

Public Housing

Section 8 vouchers

Project-based Section 8

Section 202 Supportive Housing for the Elderly*

Section 811 Supportive Housing for People with Disabilities*

*Covered by HUD's VAWA regulations, not by statute.

People who are covered by VAWA:

Victims of domestic violence Victims of dating violence Victims of stalking

Contact NHLP for assistance in identifying your client's housing.

Public Housing

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y Owned by a Public Housing Agency (PHA). y PHA develops its own leases locally, in accordance

with rules set out by the Dept. of Housing and Urban Development (HUD). y Tenant pays either 30% of income toward rent or a flat rent. y Subsidy is NOT portable--it's attached to the unit. y PHA develops a local plan for running public housing, sometimes called the Admissions and Continued Occupancy Plan (ACOP).

Section 8 Vouchers

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y Tenant receives a voucher to rent a unit in the private market & enters into a lease with a landlord.

y PHA pays subsidy to the landlord. y Tenant pays difference between the subsidy and the

rent for the unit--usually 30% of the tenant's income. y Defining feature: "portability." Tenant can use voucher anywhere in the country where there is a PHA. y PHA develops a local plan for running the voucher program, usually called the Administrative Plan.

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Project-Based Section 8

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y Owners of project-based Sec 8 buildings are usually private individuals or corps. that have received HUD subsidies to provide affordable housing.

y Subsidy is attached to the rental unit. Unlike Section 8 vouchers, the subsidy doesn't travel with the tenant if she moves.

y Tenant pays 30% of income toward rent.

Section 202 & Section 811

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y Section 202 Supportive Housing for the Elderly

{ HUD provides subsidies to nonprofit organizations that operate housing for seniors with very low income.

{ Residents pay rent equal to 30% of their income.

y Section 811 Supportive Housing for Persons with Disabilities

{ HUD provides funding to nonprofit organizations that develop housing for people with disabilities.

{ Rents are limited to 30% of a household's income.

Discussion

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y Have any of your clients been denied access to subsidized housing for reasons related to domestic violence, dating violence, or stalking? Why were they denied housing?

y Have any of your clients been evicted from subsidized housing or had their rental assistance terminated for reasons related to domestic violence, dating violence, or stalking? Why were they evicted, or why was their subsidy terminated?

y Enter your answers in the chat box.

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Overview of VAWA's Housing Protections

13 VAWA PROVIDES SURVIVORS WITH SPECIAL PROTECTIONS

AGAINST DENIALS AND TERMINATIONS OF HOUSING

VAWA's Housing Provisions

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y VAWA's housing provisions became effective Jan. 2006. They address domestic violence, dating violence and stalking in the following ways: { Protections against discrimination for survivors applying for subsidized housing. { Protections against evictions and subsidy terminations. { Safety moves for survivors with Section 8 vouchers. { Removing the perpetrator from the subsidized unit. { Proving domestic violence, dating violence, or stalking.

VAWA Laws, Regulations and Guidance

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y Amended housing statutes at:

{ 42 U.S.C. ? 1437d et seq. (public housing). { 42 U.S.C. ? 1437f et seq. (Section 8 programs).

y HUD issued final regulations implementing VAWA on October 27, 2010. See 75 Fed. Reg. 66,246.

{ The regulations contain helpful language on several issues affecting DV survivors, which we'll discuss.

y HUD has issued VAWA notices to PHAs and owners, which are available online. These notices mostly reiterate VAWA's statutory protections.

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