Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

• Eviction of Perpetrator: Public housing and Section 8 landlords may evict or terminate assistance
to a family violence perpetrator while allowing the co-tenant who is a victim to stay. Even when the
lease or Section 8 voucher is in the perpetrator’s name and the victim is only listed as an occupant,
the lease or Section 8 voucher can be put in the victim’s name after the perpetrator is removed.
• Transferral of Voucher: Victims of family violence, dating violence, or stalking can transfer their
Section 8 vouchers to another jurisdiction, even if moving would terminate their current leases.
Unfortunately, VAWA does not currently require Public Housing Authorities to transfer Section 8
vouchers within jurisdictions. That means that it is up to the PHA whether to allow the survivor’s
transfer to another location in the same city or county.
• Confidentiality: Public Housing Authorities, landlords, and managers must maintain the
confidentiality of any information or documents belonging to victims of domestic violence,
dating violence, or stalking.
When a survivor asserts any of these rights under VAWA, a landlord can request proof or documentation
that she or he is a victim of domestic violence. Therefore, the survivor should be prepared to provide one
of the following forms of acceptable documentation: a police record, a court record, or certification from
an attorney, a medical professional, or a domestic violence service provider. The survivor will need to
provide the documentation within 14 days.
As with other federal issues, if you believe a survivor may have a remedy under VAWA, inform the
survivor of what the law says and refer her or him to a lawyer experienced with federal housing remedies
for survivors.
Maintaining Housing
Utility Deposit Waivers
Survivors of family violence are eligible for waivers to assist with certain utility deposits. Therefore, if a
family or household member committed family violence, the survivor is eligible for this waiver. The waivers
can eliminate the need for deposits for gas, electricity, and a landline phone. They do not cover past
debt, like back rent, but waiving the deposit can make a big difference for a survivor managing the high
expenses of relocation. Not every electricity provider accepts deposit waivers, but if the company is
regulated by the Public Utility Commission, it must accept them.
To obtain a utility waiver, a survivor must have an advocate sign the waiver verifying that they are a victim
of family violence. The survivor does not need to be a client of the advocate’s program. In addition, it does
not matter when the family violence occurred. Therefore, a deposit waiver can be a great resource even for
survivors who were assaulted long ago.
Survivors may also be eligible for other rent or utility assistance programs operated by non-profits or
government agencies for low-income populations or other categories into which survivors may fall.
Asset Building – Individual Development Accounts (“IDAs”)
Some survivors may be able to use “individual development accounts” to help obtain long-term housing.
In Texas, IDA programs currently only exist in Dallas, Houston, El Paso, San Antonio, Austin, and
Abilene. Refer to Chapter B of this part, “General Civil Issues,” for general information on IDAs. For a
full listing of organizations administering IDA programs, visit the Center for Enterprise Development’s
website at: http://cfed.org/programs/idas/ida_directory/.
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