VAWA Protections: Your Critical Obligations as a Landlord
The Violence Against Women Act, or VAWA, establishes crucial housing protections for survivors of domestic violence, dating violence, sexual assault, and stalking. As a landlord participating in the Housing Choice Voucher (HCV) program, understanding your obligations under VAWA is not just a matter of compliance—it is essential for managing risk, ensuring stable tenancies, and handling difficult situations lawfully and effectively.
This guide breaks down exactly what VAWA means for you, what you are required to do, and the tools it provides to help you manage your property when these sensitive issues arise.
What are the Core VAWA Protections?
At its heart, VAWA makes it illegal to deny or terminate housing assistance for an individual simply because they have been the victim of criminal activity covered by the act.
According to the Fair Housing guidebook, this means you, as the property owner, are prohibited from taking adverse actions against a tenant or applicant based on their status as a survivor.
The law is designed to prevent a person from losing their home as a direct result of the abuse they have experienced.
Note
While the act is named the “Violence Against Women Act,” its protections are not limited by sex or gender. VAWA protections apply to all survivors, regardless of gender identity.
Your Fundamental Obligations as a Landlord
For you, the investor, VAWA’s protections translate into a clear set of rules that govern your interactions with applicants and tenants. You cannot:
- Deny Tenancy to a Survivor: You may not refuse to rent to an otherwise qualified applicant solely because they are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.
- Evict a Survivor for Incidents of Abuse: An incident or threat of VAWA-related violence is not considered a “serious or repeated violation of the lease” by the survivor. You cannot use the actions of an abuser as grounds to evict the victim.
- Hold “Adverse Factors” Against a Survivor: This is a nuanced but critical point. You cannot penalize a tenant for an adverse factor—such as a poor credit history, a prior eviction, or poor rental history—if that factor was a direct result of the abuse. For example, if a tenant had to break a previous lease to flee a violent situation, that broken lease cannot be used as the sole reason to deny their application.
Lease Bifurcation: A Key Tool for Landlords
One of the most powerful and practical tools provided under VAWA is “lease bifurcation.” In simple terms, this gives you the option to split the lease.
According to the HAP Contract and Fair Housing guidebooks, when a member of the household engages in VAWA-related criminal activity, the owner may choose to remove only that individual from the lease. This allows you to evict, remove, or terminate the occupancy rights of the perpetrator without penalizing the survivor who is also on the lease.
How Bifurcation Works:
Step 1: Identify the Perpetrator
You identify the household member who has committed the criminal act of abuse.
Step 2: Bifurcate the Lease
You “bifurcate” or split the lease to remove the perpetrator from the legal agreement.
Step 3: Evict the Perpetrator
You may then proceed with evicting only the abuser, based on their criminal activity or lease violations.
Step 4: The Survivor Stays
The survivor, who did not commit a lease violation, is able to remain in the unit, and the tenancy continues.
The PHA plays a role here. If the person you remove was the only household member who established eligibility for the voucher, the PHA must give the remaining tenant a reasonable period (typically 30 days) to establish their own eligibility to continue receiving assistance.
Tip
Viewing lease bifurcation as a business tool can be very helpful. Instead of a difficult situation leading to a full eviction and a costly vacancy, bifurcation allows you to remove the problem individual while keeping a paying, compliant tenant in your property. It promotes safety and tenancy stabilization.
Documentation and Strict Confidentiality
While you must protect survivors, you are not powerless to verify claims. The Fair Housing guidebook outlines a clear process for documentation if you choose to request it.
- Requesting Documentation: You are not required to ask for proof. You can accept a survivor’s oral statement. However, if you do decide to ask for documentation, your request must be made in writing.
- Acceptable Forms of Proof: If you request documentation, you must accept any one of the following forms from the survivor:
- The official VAWA Self-Certification Form (HUD-5382).
- A record from a court, law enforcement, or administrative agency, such as a police report or a protective order.
- A signed statement from a qualified professional from whom the survivor has sought assistance (such as a doctor, attorney, or victim service provider). This statement must affirm that the survivor experienced an incident of abuse.
The survivor must be given at least 14 business days to provide this documentation.
Warning
Confidentiality is Not Optional. This is a major area of legal risk for landlords. Any information you receive related to a VAWA claim—including the self-certification form, police reports, or even the knowledge that a person is a survivor—is strictly confidential. You must not enter this information into any shared database or disclose it to any third party unless required by a court order or for use in an eviction proceeding against the abuser. Failure to maintain this confidentiality is a serious violation.
Emergency Transfers
VAWA also grants survivors the right to request an emergency transfer if they believe there is a threat of imminent harm if they remain in their unit. The rules are clear about your role in this process:
- The Public Housing Authority (PHA), not the landlord, is the “covered housing provider” responsible for creating and managing an Emergency Transfer Plan.
- If a tenant requests an emergency transfer from you, your responsibility is to encourage them to contact the PHA directly. The PHA will handle the process of moving the tenant to a safer unit, either internally or through portability to another area.
By understanding and correctly applying these protections, you not only ensure legal compliance but also contribute to a stable and secure housing environment for your tenants, mitigating risk and protecting your investment.