knowyourrightshousingvawa2005

knowyourrightshousingvawa2005 - Know Your Rights HOUSING...

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VAWA Housing Provisions © 2006 Legal Momentum 1 Know Your Rights HOUSING RIGHTS FOR SURVIVORS OF DOMESTIC VIOLENCE LIVING IN PUBLIC HOUSING OR USING VOUCHERS 395 Hudson Street New York, NY 10014-3684 t: 212.925.6635 f: 212.226.1066 www.legalmomentum.org The Violence Against Women Act (VAWA) of 2005 is a federal law that has important new protections for victims of domestic violence, dating violence, or stalking. This law protects victims living in public housing or using federal housing vouchers anywhere in the country. Many states also have laws that give housing rights to victims of domestic violence, dating violence, sexual assault, or stalking. For more on state laws, see Legal Momentum’s state law guide Housing Laws Protecting Victims of Domestic and Sexual Violence, available on our website at www.legalmomentum.org . If you would like help enforcing your housing rights under VAWA, contact Legal Momentum at peo@legalmomentum.org or 212-925-6635. 1. What does VAWA 2005 do? VAWA protects victims of domestic violence, dating violence, or stalking from being evicted because of the violence. It also makes it illegal to deny access to public housing or to a voucher based on an applicant being a victim of domestic violence, dating violence, or stalking. 2. Who is covered by VAWA 2005? The protections in VAWA 2005 apply only to tenants living in federally-funded public housing or using federally-funded housing vouchers. (These vouchers are often called “Section 8” vouchers.) The law protects victims of domestic violence, dating violence, or stalking. It also protects immediate members of the victim’s family, except for the perpetrator of the violence. VAWA 2005’s protections do not apply to victims who are living in private housing and not receiving any kind of federal subsidy. 3. When did the VAWA housing protections take effect? The protections took effect on January 5, 2006. They apply to all eviction actions begun after this date. 4. What is an illegal eviction under VAWA? VAWA protects a victim and her immediate family members from being evicted or cut off from voucher assistance based on incidents of actual or threatened domestic violence, dating violence, or stalking. The law says that incidents of such violence can not be counted as a “serious or repeated violation of the lease” or “good cause” for evicting the victim or ending voucher
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VAWA Housing Provisions © 2006 Legal Momentum 2 assistance. Also, criminal activity “directly relating” to such violence cannot be the basis of an eviction; this is an exception to the “one-strike” rule generally applicable in public housing. This means, for example, that it is illegal to evict the victim
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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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knowyourrightshousingvawa2005 - Know Your Rights HOUSING...

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