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48 Clearinghouse Rev. 143 (2014)
Collaborative Approach to Housing under the Violence against Women Reauthorization Act of 2013

handle is hein.journals/clear48 and id is 155 raw text is: A Collaborative Approacl to Housing Under the Violence Against Women Reauthorization Act of 2( BY KATHERINE E. WALZ AND MONICA MCLAUGHLIN On March 7, 2013, President Obama signed into law the Vio- lence Against Women Reautho- rization Act of 2013 (VAWA 2013).1 Starting with the 2005 reauthorization of VAWA, the law provided housing protections for vic- tims of domestic violence, dating violence, and stalking; such victims were residents of public housing or project-based Section 8 housing or applicants for the Housing Choice Voucher program. The 2013 reauthorization of VAWA gives legal aid providers, domestic-violence and sexual- assault-victim advocates, and housing providers subject to the law (housing providers) the opportunity to advance a collaborative approach to VAWA imple- mentation. Through additional policies, the collaborative approach can build upon VAWA's statutory framework and enhance survivor safety. Such an approach will ultimately improve the safety and security for survivors, improve housing provider practices as they relate to survivors of violence, improve communications between advocates and housing providers, and overall improve safety at properties. 1 Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Pub. L. No. 113-4, 127 Stat. 54 (2013); VAWA 2013 repealed many of the VAWA 2005 prior provisions that had been replicated in several program statutes and consolidated them into a new section under the Violence Against Women Act. 2 Violence Against Women Act (VAWA), Pub. L. No. 109 162, 119 Stat. 2960 (2005). Violence Against Women Act -an Overview At its most basic level, VAWA protects survivors and affiliated individuals from losing their housing or being denied housing due to their status as victims or incidents of actual or threatened violence.3 VAWA also prohibits any tenant or affiliated individual who is a victim from being denied assistance, tenancy, or occupancy rights solely on the basis of criminal activity if that activity is directly related to the violence engaged in by a household member, guest, or any person under the tenant's control.4 A housing provider may evict or terminate assistance to a victim if the provider can demonstrate an actual and imminent threat to other tenants or employees at the property if the tenant is not evicted or terminated from assistance.5 However, with the new VAWA provision permitting survivors to transfer to other covered housing in certain circum- stances or to receive a tenant protection voucher, housing providers should work with survivors before taking steps toward 3 'Affiliated individual is defined as the spouse, parent, brother, sister, or child of a victim or an individual to whom the victim stands in loco parentis, or an individual, tenant, or lawful occupant living in the victim's household (see generally VAWA 2013 § 601 (to be codified at 42 U.S.C. § 141411)). 4 Id.(tobecodified at42 U.S.C. § 14043 11(b)(3)(A);striking 42 U.S.C. §§ 1437d(1)(6)(A), 1437f(c)(9)(C)(i), 1437f(o)(20)(C)). 5 Id. (to be codified at 42 U.S.C. § 14043e 11(b)(3)(C)(iii); striking 42 U.S.C. §§ 1437f(c)(9)(C)(v), 1437f(o)(20)(D)(iv)); actual and imminent threat is defined by U.S. Housing and Urban Development regulations implementing VAWA 2005 (24 C.F.R. § 5.2005(e) (2013)). eviction. In determining whether to evict or terminate assistance for lease violations unrelated to the violence, victims of violence may not be subjected to a more demanding standard than other tenants.6 Housing providers can also bifurcate a lease to evict or terminate assistance to any tenant or lawful occupant who engages in criminal acts of violence against an indi- vidual or others.7 This action may be taken without penalizing the survivor. A public housing authority may permit a survivor with a Housing Choice Voucher to move to another jurisdiction, even in the middle of a lease term, if the household has complied with all other program obligations and is moving to protect the health or safety of an individual who is or has been the victim of violence.9 Housing providers must honor all court orders regarding rights of access or control of property, distribution or possession of property, as well as protective orders issued to victims.10 As to proof requirements, housing providers can apply VAWA's protections to an individual solely based on the victim's 6 VAWA 2013 § 601 (to be codified at 42 U.S.C. § 14043e 11(b)(3)(C)(ii); striking 42 U.S.C. §§ 1437d(1)(6)(D), 1437f(c)(9)(C)(ii), 1437f(o)(20(D)(i)). 7 Id. (to be codified at 42 U.S.C. § 14043 11(b)(3)(B)(i); striking 42 U.S.C. §§ 1437f(c)(9)(C)(ii), 1437f(o)(20(D)(i)). 8 Id. 9 42 U.S.C.A. § 1437f(r)(5) (West 2013). 10 VAWA 2013 § 601 (to be codified at 42 U.S.C. § 14043e 11(b)(3)(CO(i); striking 42 U.S.C. §§ 1437d(1)(6)(C), 1437f(c)(9)(C)(iii), 1437f(o)(20)(D)(ii)). NOVEMBER-DECEMBER 2014 CLEARINGHOUSE REVIEW JOURNAL OF POVERTY LAW AND POLICY 143 CLEARINGHOUSE REVIEW JOURNAL OF POVERTY LAW AND POLICY 143 NOVEMBER-DECEMBER 2014

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