Lawyers Manual - Unified Court System

Public Assistance and Housing 295
result of an incident that was separate from that mentioned in the order of
protection), an order of protection (current or expired) for an incident
occurring within twelve months of the transfer request, or a hospital
admission letter or medical records/discharge papers documenting a
domestic violence incident (other than the same incident documented by
papers in Category A). Category C includes: an advocacy letter from Safe
Horizon, Family Justice Center, other “Certified Social Service Providers,”
the Administration of Children’s Services, a mental health provider, the
District Attorney’s office (other than for the same incident documented by
papers in Category A), or from the Human Resources Administration. The
letters from Category C must be dated within 60 days of the transfer
request. If the case involves a “one-time serious felony” then documents
from only two categories (A & C) are required.
121. Department of Housing and Urban Development Public Occupancy
Guidebook, Part 7, ch 19, at 216-220 (June 2003). However, by letter dated
April 16, 2000, HUD Secretary encouraged PHAs to be “guided by
compassion and common sense” in addressing crime and violence by
household members and urged them to consider the situation of innocent
family members in making its determinations.
122. See, for example, United States ex rel. Alvera v The C.B.M.Group, Inc., No.
01-857-PA (D Or Filed June 8, 2001) [Battered woman, together with the US
Attorney, sued landlord for gender discrimination under the federal Fair
Housing Act for attempting to evict her because she was a survivor of
domestic violence]. The complaint is located at the Legal Momentum website,
http://www.legalmomentum.org/issues/vio/Alvera%20Complaint.pdf (last
visited June 19, 2006). The final decree is located at the Legal Momentum
website, http://www.legalmomentum.org/issues/vio/alvera_consentdecree.pdf
(last visited June 19, 2006).
123. 42 USC §§ 1437d(1)(5); 1437(f)(c)(9); 1437(f)(d)(1)(B); 1437(f)(o)(7)(C);
1437(f)(o)(20)(A).
124. 42 USC §§ 1437d(1)(6); 1437(f)(c)(9)(C); 1437(f)(d)(1)(C);
1437(f)(o)(7)(D); 1437(f)(o)(20)(B).
125. 42 USC §§ 1437d(1)(6)(B); 1437(f)(o)(7)(D)(ii).
126. 42 USC §§ 1437d(1)(6)(E); 1437(f)(o)(7)(D)(v); 1437(f)(o)(20)(D)(iv).
127. 42 USC §§ 1437d(1)(6)(D); 1437(f)(o)(7)(D)(iv); 1437(f)(o)(20)(D)(iii).