Housing

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VAWA Federal Provisions / Protections

 

Update! VAWA 2013 Federal Provisions / Protections

Housing Provisions

The following housing protections for victims of domestic violence, sexual assault, sexual abuse of a child, dating violence and stalking were enacted through the Violence Against Women Reauthorization Act of 2013 and apply to federally funded “covered housing programs”. Public housing authorities, owners and managers of participating in the covered housing programs must comply with VAWA 2013.

Covered Housing Programs

“Covered housing programs” have been expanded to include HUD (public housing, Section 8 Housing Choice Voucher program, Section 8 project-based housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, Section 236 multifamily rental housing, Section 221(d)(3) Below Market Interest Rate (BMIR) housing, HOME Investment Partnerships program, Housing Opportunities for People with AIDS, and McKinney-Vento Act programs), Department of Agriculture (Rural Development (RD) multifamily housing programs), and Department of Treasury (Low-Income Housing Tax Credit-LIHTC) housing programs.

Denials of admissions, termination of tenancy or assistance

An applicant or tenant may not be denied admission to, denied assistance under, or terminated from participation in housing on the basis that the applicant or tenant is or has been a victim of domestic violence, sexual assault, dating violence, or stalking.

A tenant may not be evicted from housing on the basis that the tenant is or has been the victim of domestic violence, sexual assault, dating violence, or stalking.

A victim of domestic violence, sexual assault, dating violence, or stalking may not be denied assistance, tenancy or occupancy rights to housing solely on the basis of criminal activity directly related to the abuse. Further, victims of domestic violence, sexual assault, dating violence, or stalking cannot have their housing assistance terminated based on their status as a victim unless there is an actual or imminent threat to other tenants or employees at the property.

 VAWA does not prevent tenants from being evicted for reasons unrelated to domestic violence, sexual assault, dating violence or stalking.

PHAs, owners, or managers cannot subject a victim to a more demanding standard than other tenants when determining whether to evict or terminate assistance.

Consistency with Court Order Provisions
Public Housing Authorities (PHAs), owners, and managers of “covered housing programs” must honor civil protection orders and other court orders from domestic violence and family court judges that address the rights of access to or control of the property and distribution or possession of property among household members in a case.

Ability to Bifurcate Leases
PHAs, owners, and managers of the “covered housing programs” may evict, remove, or terminate the assistance of the offender while allowing the victim, who is the tenant or lawful occupant, to remain without penalty.

In addition, tenants who remain in the housing as a result of lease bifurcation and thus lose eligibility to receive the housing assistance, will have the opportunity to establish eligibility for the assistance. If the victim cannot establish eligibility, then the PHA, owner, or manager must provide the tenant reasonable time to find new housing or to establish eligibility under another “covered housing program.”

Portability of Section 8 Vouchers
Victims of domestic violence, dating violence or stalking using the Section 8 Voucher may transfer their voucher to another jurisdiction if safety is a concern, even if moving would otherwise terminate their lease. Public housing residents can request an emergency transfer to another PHA not within the same jurisdiction. The PHA may permit the family to move even if the family’s lease term has not yet expired.

Portability is not extended to victims of sexual assault.

Emergency Transfers

VAWA 2013 mandates that each federal agency adopt a model emergency transfer plan to be used by PHAs, owners, or managers of housing assisted under the “covered housing programs.” This transfer plan must allow survivor tenants to transfer to another available and safe dwelling unit assisted under a “covered housing program” if: 1) the tenant expressly requests the transfer and 2) either the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same unit, or where the tenant is a victim of sexual assault and the sexual assault occurred on the premises within 90 days before the transfer request. HUD must establish policies and procedures under which a victim requesting an emergency transfer may receive a tenant protection voucher.

Certification

PHAs, owners, and managers may request that the victim provide certification that an incident of domestic violence, sexual assault, dating violence or stalking has occurred. Any requests for certification must be made in writing.  Once certification is requested, an applicant or tenant has 14 days to provide the documentation to the PHA, owner, or manager. If the documentation is not provided within the 14 days, the PHA, owner, or manager may deny admission or assistance, terminate the assistance or bring eviction proceedings for good cause. The PHA, owner, or manager may extend this timeframe.

Types of Certification

Confidentiality
PHAs, owners, or managers must keep confidential the information an individual provides to certify victim status, including the individual’s status as a victim. The information cannot be entered into a shared database or disclosed to another entity or individual, unless the disclosure is: requested or consented to the individual in writing, required for use in an eviction proceeding to determine whether the incident qualifies as a serious or repeated violation of the lease, good cause to terminate assistance or tenancy, or criminal activity directly relating to domestic violence, sexual assault, dating violence, or stalking, or otherwise required by law. Emergency transfer plans must incorporate reasonable confidentiality measures to ensure that PHAs, owners, and managers do not disclose the location of the new unit to the abuser.

Notification & Language Access

PHAs, owners, or managers of the “covered housing programs” must develop a notice of VAWA housing rights (HUD notice), which includes the right of confidentiality for applicants and tenants. They must also provide the HUD notice accompanied by the agency-approved self-certification form at the time an applicant is denied residency, the individual is admitted, and with any notification of eviction or termination of assistance. The HUD notice must be made available in multiple languages and meet the requirements concerning language access for individuals with limited-English proficiency.

 

 

Public Housing Authorities in Texas

 

Public Housing Authorities in Texas

There are Public Housing Authorities (PHAs) across the state. To locate the PHA in your area go to: www.hud.gov. Public housing is available to eligible low-income families and individuals.

PHAs determines your eligibility based on:

Some Public Housing Authorities provide self-sufficiency programs including:

Resident Opportunities & Self-Sufficiency (ROSS) ROSS links public housing residents with supportive services, resident empowerment activities, and assistance in becoming economically self-sufficient.

Public Housing Family Self–Sufficiency (PH FSS) PH FSS links residents with training opportunities, job placement organizations, and local employers

 

 

Texas State Housing Laws / Protections

 

Texas State Housing Laws / Protections

 

Texas Fair Housing Act

 

Foreclosure

 

Resources

U.S. Department on Housing and Urban Development (HUD) - www.hud.gov

National Housing Law Project - www.nhlp.org

National Law Center on Homelessness and Poverty - www.nlchp.org

Texas Law Help - www.texaslawhelp.org

Legal Momentum - www.legalmomentum.org

TCFV Policy Team - 800-525-1978 or 888-239-9035 (TTY)

TAASA Policy Team - 512-474-7190 ext. 38

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Utility Deposit Waivers

 

Utility Deposit Waivers