Lawyers Manual - Unified Court System

292 Amy E. Schwartz and Sharon Stapel
102. See Department of Housing and Urban Development Housing Choice
Voucher Guidebook, Publication No. 7420.10G, ch 4 (Apr. 2001);
Department of Housing and Urban Development Public Occupancy
Guidebook, Part 7, ch 19, at 216-220 (June 2003); 24 CFR § 960.206(b)(4).
103. 42 USC § 1437c-1(d)(13).
104. 42 USC § 1437c-1(a)(2); 42 USC § 12705(b)(1).
105. 42 USC §§ 1437c-1(a)(2). PHA plans require PHAs to include a
description of activities, services, or programs provided or offered directly
by the housing agency or in partnership with other providers to adult or
child victims of domestic violence, stalking, sexual assault, or dating
violence. 42 USC §§ 1437c-1(13).
106. See Department of Housing and Urban Development Housing Choice
Voucher Guidebook, Publication No. 7420.10G, ch 4 (Apr. 2001);
Department of Housing and Urban Development Public Occupancy
Guidebook, Part 7, ch 19, at 216-220 (June 2003); 24 CFR
§ 960.206(b)(4).
107. As a method to encourage their adoption, VAWA III authorized a new grant
program requiring participating PHAs and assisted housing providers to
adopt such preference.
108. 42 USC §§ 1437d(c)(3); 1437f(c)(9)(A); 1437f(d)(1)(A); 1437f(o)(B).
Note the new federal law defines “domestic violence” [42 USC
§§ 1437f(f)(8); 1437d(u)(3)(A); 13925(a)(6)], “dating violence” [42 USC
§§ 1437f(f)(9); 1437d(u)(3)(B); 13925(a)(8)], and “stalking” [42 USC
§§ 1437f(f)(10); 1437d(u)(3)(C)]. Note: In 2005, Westchester County
passed a local law prohibiting discrimination against domestic violence
victims in both private and public housing. Laws of Westchester County
§ 700.02. Also, as per a 1985 NYS Attorney General’s Opinion, Formal
Opinion, No. 85-F15, November 12, 1985, 1985 N.Y. Op. Atty. Gen. 45,
1985 WL194069 (N.Y.A.G.), it is unlawful gender discrimination for a
landlord to have a policy that denies housing to domestic violence
survivors who have no intention of co-habiting with their abusers. This
opinion was adopted in an unreported judicial opinion, Cox v Related
Companies, available from the Empire Justice Center.
109. The regulations governing the programs are found at 24 CFR Part 982.
The HUD website is also a good source of general information about the
various programs. Housing and Urban Development, Housing Choice
Vouchers, http://www.hud.gov/offices/pih/programs/hcv/forms/forms.cfm
(last visited June 19, 2006). However, practitioners must contact the local