The Violence Against Women Act (VAWA) protects domestic violence survivors in federally assisted housing. You cannot be evicted, denied housing, or have your voucher terminated because of domestic violence. You can break your lease without penalty, request an emergency transfer to a new unit, and your abuser can be removed from the lease without affecting your voucher status.
VAWA Protections: What the Law Says
The Violence Against Women Act (VAWA) applies to all HUD-assisted housing programs, including Section 8 vouchers, public housing, LIHTC properties, and project-based rental assistance. Despite the name, VAWA protects all survivors regardless of gender.
The core protection is simple: being a victim of domestic violence, dating violence, sexual assault, or stalking is not grounds for eviction, denial of housing, or termination of assistance.
You Cannot Lose Your Voucher
If violence occurs in your home, your PHA cannot terminate your voucher because of it. This applies even if:
Police were called to your unit. A neighbor complained about noise from an incident. Your lease has a "crime-free" clause. The violence caused property damage.
Your PHA may still take action against the perpetrator — including removing them from the household and the lease — but they cannot punish you for being a victim.
Breaking Your Lease Safely
Under VAWA, you can terminate your lease early if you need to move for safety — without penalty and without losing your voucher.
To do this, provide your landlord or PHA with one of the following:
A certification form (HUD-5382). This is a self-certification that you are a victim of domestic violence. You don't need a police report.
A police report or court record. If you have one, it can serve as documentation, but it's not required.
Documentation from a victim service provider, attorney, or medical professional. A letter confirming you are a victim.
Your PHA must keep all documentation confidential. They cannot share it with your landlord or anyone else without your written consent (except as required by law).
Emergency Transfers
VAWA gives you the right to request an emergency transfer to a new unit if you are in danger. Every PHA is required to have an emergency transfer plan.
To qualify for an emergency transfer, you must: be a victim of domestic violence, dating violence, sexual assault, or stalking, and either reasonably believe you are threatened with imminent harm or have been sexually assaulted on the premises within the last 90 days.
The PHA should process your transfer as quickly as possible. If no unit is available in their jurisdiction, they should help you port your voucher to another area.
Removing the Abuser From Your Lease
You can request that your PHA and landlord remove the abuser from the lease and the unit. This is called "bifurcation" — splitting the lease so the abuser loses their right to occupy the unit while you keep yours.
After bifurcation, you remain on the lease and keep your voucher. The abuser has no right to return to the unit. If they do, you can call police and they can be arrested for trespassing.
What If My PHA Doesn't Know About VAWA?
Unfortunately, some PHA staff aren't well-trained on VAWA protections. If your caseworker doesn't seem to know these rules, or threatens adverse action related to domestic violence:
Ask for a supervisor. Go above your caseworker to someone who knows the federal requirements.
Put it in writing. Reference VAWA and the specific protection that applies to your situation.
Contact a DV hotline. The National Domestic Violence Hotline (1-800-799-7233) can connect you with advocates who understand housing rights.
Contact legal aid. Attorneys specializing in housing or domestic violence law can intervene on your behalf.
File a HUD complaint. If your PHA violates VAWA, you can file a complaint with HUD's Office of Fair Housing.
Safety Planning Basics
While this post focuses on housing protections, safety planning is bigger than housing. Key resources:
National Domestic Violence Hotline: 1-800-799-7233 (call) or text START to 88788. Available 24/7.
Your local DV shelter: Many provide emergency housing, safety planning, legal advocacy, and help with housing applications.
Legal aid: Free attorneys who can help with protective orders, custody, and housing issues simultaneously.
How to Avoid Eviction — your rights when facing eviction, including VAWA protections.
I Need a Place to Stay Tonight — emergency resources including DV hotlines and shelters.