A tenant who experiences domestic violence cannot be evicted as a result of that violence — it is strictly prohibited by federal law.
This page provides a quick overview of the Violence Against Women and Justice Department Reauthorization Act (VAWA), a federal law that applies to all GHA tenants, Section 8 participants, and Section 8 landlords. In 2013, Congress reauthorized VAWA and greatly expanded HUD’s authority to protect survivors of domestic and dating violence, stalking and sexual assault living in HUD-assisted housing. For more details about this law, definitions of domestic violence, and the rights of victims of domestic violence click on the links below:
GHA may not deny assistance or admission to an applicant on the basis of the applicant’s current or past status as a victim of domestic violence, dating violence, stalking or sexual assault if the applicant otherwise qualifies for assistance or admission.
Protection from Eviction or Assistance Termination
GHA may not terminate assistance to a resident/participant in the Public Housing or Section 8 program on the basis of an incident or incidents of actual or threatened domestic violence, dating violence, stalking, or sexual assault against that participant.
Eviction of Perpetrators
GHA may terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant.
A property manager may ask that an individual certify, using a HUD-approved certification form, that the individual is a victim of domestic violence, dating violence, stalking or sexual assault, and that the incident in question is a true incident of actual or threatened abuse.
All information provided to a property manager under this law must be retained in confidence, unless disclosure is requested or consented to by the individual in writing, or required for use in an eviction proceeding or termination of assistance, or otherwise required by applicable law.