Federal Housing Law & DV

Federal Housing Law & DV - Federal Housing Law and...

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Federal Housing Law and Survivors of Domestic Violence Presented by Kathy Zeisel, Esq. National Law Center on Homelessness and Poverty [email protected] For Knowledgeplex, March 20, 2008
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Important Abbreviations { VAWA: Violence Against Women Act { VAWA 2005: Violence Against Women Act Reauthorization of 2005 { PHA: Public Housing Authority { LL: Landlord { USCIS: US Citizenship and Immigration Services { USC: United States Code
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Federal Housing Law Fair Housing Act 2005 Reauthorization of the Violence Against Women Act HUD regulations and Guidance
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State/Local Laws to Consider… This call will address Federal law. You should contact local attorneys/housing organizations for more information on local law. Resources are in the appendix. { Landlord/Tenant law: Most aspects of LL/T relationship are regulated by local or state laws. z Evictions must be conducted in accordance with state/local law { State Fair Housing law, may include source of income protection { Other protections for survivors under state/local law, for example states may require: z Lock changes (usually paid for by tenant) z Installation of security system (usually paid for by tenant) z Breaking leases
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Federal Fair Housing Act Title VIII of the Civil Rights Act of 1964; 42 U.S.C. §§ 3601 et seq { Prohibits LL or homeowner from discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin { Applies to all dwellings except for: z Single-family homes where the owner does not own more than 3 of these homes z Owner-occupied dwellings containing four or fewer units { Applies to shelters and transitional housing! { Most states have comparable laws, though many protect more categories of people. Most states utilize federal interpretations of the law.
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Fair Housing Act: Application to Survivors of Domestic Violence { Disparate Treatment Theory: Policy or Practice that intentionally treats women differently from men { Disparate impact theory: Policy or practice that is neutral on face but in fact falls more harshly on women than men z Use of statistical evidence z Generally do not need to show discriminatory intent or motive
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Violence Against Women Act Public Law 109-162 VAWA was originally passed in 1994 and was reauthorized in 2000 and 2005. The 2005 reauthorization added important housing provisions and Congress made critical findings about the links between domestic violence and housing. VAWA provides protections for victims of domestic violence, sexual
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This note was uploaded on 03/02/2011 for the course SOC 168 taught by Professor Lio during the Spring '07 term at UC Riverside.

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Federal Housing Law & DV - Federal Housing Law and...

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