Public housing and assisted housing communities (as well as Low-Income Housing Tax Credit [LIHTC] projects) are subject to the requirements of the Violence Against Women’s Act (VAWA). HUD is currently developing regulations to implement the VAWA provisions passed into law in 2013. For LIHTC properties, guidance from the IRS is also needed. However, housing providers should not wait to extend basic protections to domestic violence victims. At the very least, under most circumstances, there should be no evictions or lease terminations of domestic violence victims.
Federal fair housing law does not specifically protect victims of domestic violence. However, the law can be used to protect such victims under sex discrimination provisions (since the vast majority of domestic violence victims are women) or even under race or national origin protections (African-American, Native American and immigrants face higher levels of domestic violence).
Domestic violence is a plague. Estimates range from 960,000 incidents of violence against a current or former spouse, boyfriend or girlfriend per year to 3 million women who are physically abused by their husband or boyfriend each year. No one has the right to commit physical violence against anyone else except in self-defense. As landlords and property managers, we have a responsibility to do what we can to assist victims of domestic violence within the parameters of existing law.
All properties – not just federally assisted or LIHTC – should establish policies regarding the protection of domestic violence victims. At a minimum, the following policies should be implemented:
- Do not punish victims of domestic violence for the actions of their abusers. If you do, the primary risk is a sex discrimination complaint. For example, do not evict a resident who is assaulted by a non-resident boyfriend (as long as the resident does not invite the boyfriend to the unit). Do not deny an applicant because they have been a victim of domestic violence.
- Do not punish domestic violence victims if they seek emergency assistance. Properties with “zero-tolerance” policies are at risk if they evict a victim because the police are called to the property.
- Comply with any state and local laws protecting victims of domestic violence. The states that currently have domestic violence protection laws include Illinois, Rhode Island, Wisconsin, the District of Columbia, Arkansas, Indiana, North Carolina, Oregon and Washington. If you operate housing in one of these states or the District, discuss the specific protections with your attorney. No matter where you operate, ask your attorney if there are any local domestic violence protections that you need to know about. The laws will usually include nondiscrimination provisions, eviction protection, prohibition against lease termination, the right of victims to seek help, requirements that landlords change locks (or permit victims to do so), and lease bifurcation (making the abuser move while letting the victim stay).
- Maintain comprehensive records. Fully document any domestic violence incidents, including calls for emergency services, neighbor complaints, and requests for assistance.
It is best to be proactive with regard to domestic violence policies. If you don’t have such policies in place, now is a good time to begin the process.