Lawyers Manual - Unified Court System

276 Amy E. Schwartz and Sharon Stapel
Evictions from Housing Choice Voucher Section 8
or Public Housing
In the past, domestic violence survivors nationwide have been evicted under
federal policy that allows, but does not require, PHAs and Section 8 landlords to
evict a tenant because of criminal activity by a family member or guest that
threatens the health, safety, or quiet enjoyment of other residents. 121 Domestic
violence survivors and their children lost housing as a result screaming for help
or calling the police or because of crimes of violence perpetrated upon them by
their abusers. Often PHAs and landlords would automatically try to evict all
tenants in the apartment following a domestic violence incident without much
inquiry into the nature and dynamics of the domestic violence issues. 122 In
response, VAWA III now states that an actual or threatened incident of domestic
violence, dating violence, or stalking does not qualify as a “serious or repeated
violation of the lease” or constitute “good cause for terminating the assistance,
tenancy, or occupancy rights of the victim.” 123 Additionally, criminal activity
directly relating to domestic violence, dating violence, or stalking does not
constitute grounds for termination of tenancy. 124 The new law also makes clear
that PHAs and Section 8 landlords may hold abusers accountable by terminating
only their voucher assistance or bifurcating the lease by removing the offender
while allowing the survivor (who is a lawful tenant or occupant) to remain in
the home. 125 However, when a landlord or PHA proves that allowing a survivor
to remain a tenant would pose an actual and imminent threat to other tenants, to
employees or those providing services at the property, the survivor may be
lawfully evicted. 126 Survivors may also be evicted for lease violation or criminal
activity unrelated to the abuse as long as the survivor is not being held to a
standard more stringent than other tenants. 127 Because these federal laws are so
new and do not yet have implementing regulations, resolving problems may
require active advocacy and education with the PHA and the landlord. 128
Providing Proof of Status as Survivor of Domestic Violence,
Stalking, or Dating Violence
Under VAWA III reforms, public housing or Section 8 applicants or tenants
requesting portability of a voucher or protesting an eviction or denial of housing
may be required to provide some evidence or certification that they are a victim
of violence. 129 In 2006’s PIH 2006-23 (discussed above) HUD states that it is
developing proposed regulations and forms regarding certification of domestic
violence to conform with VAWA III.