The Department of Housing & Urban Development (HUD) has announced settlements with two housing providers, resolving allegations that they denied housing opportunities to two women who were victims of dating violence and stalking.
These are the first enforcement actions by HUD against property owners for VAWA-related violations. Under the Violence Against Women Reauthorization Act of 2022 (VAWA 2022), HUD can enforce VAWA with the same rights and remedies as the agency enforces the Fair Housing Act.
The two agreements provide monetary damages to the victims, priority placement on the waiting list for available units, policy changes, staff training, and operational changes.
In the first case, HUD found that a tenant with a Housing Choice Voucher had her rights violated under VAWA when she requested to relocate mid-lease as an emergency transfer after being stalked by a former partner.
The woman alleged that the PHA demanded confusing and contradictory documentation that it was not permitted to request under VAWA, threatened to revoke her voucher, denied her request to extend her voucher, and stopped paying its portion of the rent while she prepared to move to protect her safety.
The PHA policies were not compliant with VAWA requirements, including policies for documenting status as a VAWA survivor in general. The Agency also did not have an emergency transfer plan.
As part of the settlement, the PHA will adopt and implement VAWA-compliant policies, including the development of an emergency transfer plan. The Agency will also hire outside experts to provide VAWA training to staff and will pay the victim a monetary settlement.
The second case involves a California management company. The property under management received HOME funds and has Low-Income Housing Tax Credits (LIHTC). In this case, the property manager violated the victim’s rights by denying her application due to a history of violations of the terms or prior rental agreements that were related to her being a victim of dating violence.
Management admitted that they failed to accompany the denial letter with a copy of VAWA rights, as required by law. The manager also did not advise the applicant about how she might appeal the denial.
Under the terms of the agreement, the housing provider will pay the victim a monetary settlement, place her on the top of the waitlist for the next available unit at two properties, notify her in writing when such a unit becomes available, revise their policies and procedures to comply with VAWA and protect the VAWA rights of applicants and tenants. The company must also create the position of VAWA Rights Coordinator to handle VAWA matters and require employees to complete annual VAWA training.
Bottom Line
The two first-of-its-kind cases demonstrate the importance of all owners and managers of properties subject to VAWA to fully understand the requirements of the law. Virtually all HUD-assisted properties are subject to the law, as are properties assisted by the Rural Development Service and those with Low-Income Housing Tax Credits. Since HUD will now be enforcing VAWA in the same manner as the Fair Housing Act, annual VAWA training takes on the same importance as annual fair housing training.