A federal law in force in the United States prevents a property owner from evicting a tenant who is a victim of domestic violence, dating violence, sexual assault, or harassment, regardless of how much time remains on the signed rental contract. The rule also prohibits denying housing to an applicant for that same condition.
The measure stems from the Violence Against Women Act (VAWA), in force since 2006 and applied by the Department of Housing and Urban Development (HUD) in housing with federal assistance, such as Section 8 voucher programs. HUD also established the procedure that property owners must follow to verify these cases.
Who exactly does this law protect?
The protection extends to tenants who suffered acts or threats of violence by a third party, even if that person lives in the same household. The property owner cannot use those facts as an excuse to start an eviction, nor demand a stricter standard from the victim than from the rest of the tenants.
The law also prevents charging a penalty or withholding the security deposit from someone who needs to move out in the middle of the contract for safety reasons.
To access these benefits, the tenant may submit a certification with one of these documents:
- A HUD-approved certification form.
- A statement from a health professional, a lawyer, or a victim assistance center.
- A police, court, or administrative record, such as a protection order.
Are there exceptions to this protection?
The property owner may evict the victim if they prove that their presence poses a real and imminent threat to other tenants or employees of the building. They may also do so if there are serious and repeated violations of the contract that are not related to the violence suffered.
If the property owner requests the certification in writing, the tenant has 14 business days to submit it. If they do not do so within that period, the eviction may proceed in accordance with local laws and the terms of the contract.