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Lawyers Manual - Unified Court System

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276 Amy E. Schwartz and Sharon Stapel<br />

Evictions from Housing Choice Voucher Section 8<br />

or Public Housing<br />

In the past, domestic violence survivors nationwide have been evicted under<br />

federal policy that allows, but does not require, PHAs and Section 8 landlords to<br />

evict a tenant because of criminal activity by a family member or guest that<br />

threatens the health, safety, or quiet enjoyment of other residents. 121 Domestic<br />

violence survivors and their children lost housing as a result screaming for help<br />

or calling the police or because of crimes of violence perpetrated upon them by<br />

their abusers. Often PHAs and landlords would automatically try to evict all<br />

tenants in the apartment following a domestic violence incident without much<br />

inquiry into the nature and dynamics of the domestic violence issues. 122 In<br />

response, VAWA III now states that an actual or threatened incident of domestic<br />

violence, dating violence, or stalking does not qualify as a “serious or repeated<br />

violation of the lease” or constitute “good cause for terminating the assistance,<br />

tenancy, or occupancy rights of the victim.” 123 Additionally, criminal activity<br />

directly relating to domestic violence, dating violence, or stalking does not<br />

constitute grounds for termination of tenancy. 124 The new law also makes clear<br />

that PHAs and Section 8 landlords may hold abusers accountable by terminating<br />

only their voucher assistance or bifurcating the lease by removing the offender<br />

while allowing the survivor (who is a lawful tenant or occupant) to remain in<br />

the home. 125 However, when a landlord or PHA proves that allowing a survivor<br />

to remain a tenant would pose an actual and imminent threat to other tenants, to<br />

employees or those providing services at the property, the survivor may be<br />

lawfully evicted. 126 Survivors may also be evicted for lease violation or criminal<br />

activity unrelated to the abuse as long as the survivor is not being held to a<br />

standard more stringent than other tenants. 127 Because these federal laws are so<br />

new and do not yet have implementing regulations, resolving problems may<br />

require active advocacy and education with the PHA and the landlord. 128<br />

Providing Proof of Status as Survivor of Domestic Violence,<br />

Stalking, or Dating Violence<br />

Under VAWA III reforms, public housing or Section 8 applicants or tenants<br />

requesting portability of a voucher or protesting an eviction or denial of housing<br />

may be required to provide some evidence or certification that they are a victim<br />

of violence. 129 In 2006’s PIH 2006-23 (discussed above) HUD states that it is<br />

developing proposed regulations and forms regarding certification of domestic<br />

violence to conform with VAWA III.

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